alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 401.635 Evidence which shall be excluded.

###### Cross Reference

Link to an amendment published at 89 FR 76353, Sept. 17, 2024.

The Administrative Law Judge presiding at the hearing shall exclude irrelevant, immaterial, or unduly repetitious evidence.

[29 FR 11595, Aug. 13, 1964. Redesignated at 61 FR 32655, June 25, 1996, and further redesignated by USCG-1998-3976, 63 FR 35139, June 29, 1998]
#### § 550.501 Participation of interested persons.

In the event that participation of interested persons is deemed necessary by the Commission, notice will be published in the Federal Register and interested persons will then be allowed to participate in this proceeding by the submission of written data, views or arguments, with or without opportunity to present same orally.
CERTIFICATION OF CHIEF FINANCIAL OFFICER
                          OF CORPORATE GENERAL PARTNER

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

The  undersigned,  Robert A. Bourne,  the  President and Treasurer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund IV, Ltd.  (the
"Partnership"),  has executed this  certification  in connection with the filing
with the Securities and Exchange  Commission of the Partnership's  Annual Report
on Form  10-K for the  period  ending  December  31,  2002 (the  "Report").  The
undersigned hereby certifies that:

(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 Partnership.



Date:    March 24, 2003                  /s/ Robert A. Bourne
                                         ---------------------------------
                                         Name:  Robert A. Bourne
                                         Title: President and Treasurer
**Exhibit 31.1**
CERTIFICATIONS
I, Thomas G. Hudson, certify that:
1. I have reviewed this quarterly report on Form 10-Q of Computer NetworkTechnology Corporation;
2. Based on my knowledge, this quarterly report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this quarterlyreport;
3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this quarterly report;
4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrants and we have:
a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared; b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, asof the end of the period covered by this report based on suchevaluations; and c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscalquarter in the case of an annual report) that has materially affected,or is reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
5. The registrant’s other certifying officers and I have disclosed, basedon our most recent evaluation of internal control over financial reporting, tothe registrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):
a) All significant deficiencies in the design or operation ofinternal controls over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process,summarize and report financial information; and b) Any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal controls over financial reporting.   Date: May 28, 2004   /s/ THOMAS G. HUDSON   Thomas G. Hudson Chief Executive Officer
2013 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

12-12-2013

USA v. Harry Katzin

Precedential or Non-Precedential: Precedential

Docket No. 12-2548

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2013

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

University School of Law Digital Repository. It has been accepted for inclusion in 2013 Decisions by an authorized administrator of Villanova

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

Recommended Citation

"USA v. Harry Katzin" (2013). 2013 Decisions. Paper 1572.

http://digitalcommons.law.villanova.edu/thirdcircuit_2013/1572
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________

No. 12-2548

_____________

UNITED STATES OF AMERICA,

 Appellant

v.

HARRY KATZIN; MICHAEL KATZIN; MARK LOUIS KATZIN, SR. 

PRESENT: McKEE, Chief Judge, RENDELL, AMBRO, FUENTES, SMITH, 

FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., VANASKIE, 

SHWARTZ and VAN ANTWERPEN1 Circuit Judges

ORDER

A majority of the active judges having voted for rehearing en banc in the above 

captioned case, it is ordered that the petition for en banc rehearing is GRANTED. The 

Clerk of this Court shall list the case for rehearing en banc May 28, 2014. The opinion 

and judgment entered October 22, 2013 are hereby vacated.

By the Court,

 /s/ Theodore A. McKee 

 Chief Circuit Judge

Dated: December 12, 2013

ARL/cc: EM; TMZ; RAZ; TAD; WAD; RCC; CNC; 

NW; BEW; SJR; WJW; HMF; MH; PG

 

1Will participate as a member of the en banc court pursuant to 3d. Cir. I.O.P. 9.6.4.
98-2122.

#### Akron Hydroelectric Co. v. Cuyahoga Falls.

Summit App. No. 18849.

Moyer, C.J., F.E. Sweeney and Cook, JJ., dissent.
Argued and submitted April 28,

reversed and remanded for reconsideration November 8, 1995

#### In the Matter of the Compensation of Benjamin G. Santos, Claimant. Benjamin G. SANTOS, *Petitioner, v.*CARYALL TRANSPORT and SAIF Corporation, *Respondents.*

(92-05344; CA A85510)

905 P2d 865

Donald M. Hooton argued the cause and filed the brief for petitioner.

Michael O. Whitty, Special Assistant Attorney General, argued the cause for respondents. With him on the brief were

*527-aTheodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before Warren, Presiding Judge, and Edmonds and Armstrong, Judges.

PER CURIAM

*528PER CURIAM

 Claimant seeks judicial review of an order of the Workers’ Compensation Board that denied an award of temporary partial disability for the period after which he became medically stationary. The statutes pertinent to that review have been amended by Oregon Laws 1995, chapter 332 (SB 369). The changes to the Workers’ Compensation Law made by SB 369 generally apply to cases pending before this court on the effective date of the act, which was June 7, 1995. *Volk v. America West Airlines,*135 Or App 565, 899 P2d 746 (1995). Because the 1995 amendments to ORS sections 656.262(4), 656.268(1), (2) and (3) may affect the outcome of this case, we remand for reconsideration in the light of the new law.

Reversed and remanded for reconsideration.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2538 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2538

To amend the Public Health Service Act to provide for the establishment 
          and maintenance of an undiagnosed diseases registry.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2009

Mr. Carter (for himself and Mr. Burgess) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To amend the Public Health Service Act to provide for the establishment 
          and maintenance of an undiagnosed diseases registry.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Charles August `CAL' Long 
Undiagnosed Diseases Registry Act of 2009''.

SEC. 2. REGISTRY OF UNDIAGNOSED DISEASES.

    (a) In General.--Title III of the Public Health Service Act (42 
U.S.C. 241 et seq.) is amended by inserting after section 317T the 
following:

``SEC. 317U. UNDIAGNOSED DISEASES REGISTRY.

    ``(a) Establishment.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention, shall establish and 
maintain an undiagnosed diseases registry (in this section referred to 
as the `registry').
    ``(b) Content of Registry.--The Secretary shall include in the 
registry such information respecting undiagnosed diseases as the 
Secretary deems appropriate for the purpose of facilitating the early 
recognition, prevention, treatment, cure, and control of such diseases.
    ``(c) Availability.--For the purpose described in subsection (b), 
the Secretary may make the information in the registry publicly 
available, except the Secretary shall not publicly disclose--
            ``(1) individually identifiable information; or
            ``(2) trade secrets or commercial or financial information 
        obtained from a person and privileged or confidential, as 
        provided in section 552(b)(4) of title 5, United States Code.
    ``(d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $5,000,000 for fiscal year 2010 
and such sums as may be necessary for each of fiscal years 2011 through 
2015.''.
    (b) First Operation of Registry.--The Secretary of Health and Human 
Services, acting through the Director of the Centers for Disease 
Control and Prevention, shall ensure that the undiagnosed diseases 
registry established pursuant to section 317U of the Public Health 
Service Act, as added by subsection (a), becomes operational not later 
than one year after the date of the enactment of this Act.
                                 <all>
```
```

[Journal of the House of Representatives, 1995]
[Tuesday, May 2, 1995 (60), Para 60.20 Recorded Vote]
[Page 626]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.60.20  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. OLVER:

       Page 8, line 9, strike ``$25,000,000'' and insert in lieu 
     thereof ``$16,000,000''.
       Page 8, line 10, strike ``$35,000,000'' and insert in lieu 
     thereof ``$22,000,000''.
       Page 8, line 11, strike ``$40,000,000'' and insert in lieu 
     thereof ``$26,000,000''.

It was decided in the

Yeas

201

negative

Nays

214
```
§ 92.10-20 No means for locking doors. ( a ) No means shall be provided for locking doors giving access to either of the two required means of escape, except that crash doors or locking devices, capable of being easily forced in an emergency, may be employed provided a permanent and conspicuous notice to this effect is attached to both sides of the door. This paragraph shall not apply to outside doors to deckhouses where such doors are locked by key only and such key is under the control of one of the vessel's officers.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-40688

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

BIENVENIDO RAMIREZ-LEONARDO,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Texas

No. 7:08-CR-1310-1

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:

*

Bienvenido Ramirez-Leonardo appeals the sentence imposed following his plea of

guilty of importation of heroin. He argues that the factual basis for his plea did not establish

that he knowingly imported a particular quantity of a particular drug into the United States,

so his plea should be vacated. He correctly concedes, however, that that argument is

United States Court of Appeals

Fifth Circuit

F I L E D

June 11, 2010

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

Case: 09-40688 Document: 00511139748 Page: 1 Date Filed: 06/11/2010
No. 09-40688

foreclosed by United States v. Betancourt, 586 F.3d 303 (5th Cir. 2009), cert. denied, __S.

Ct.__, 2010 WL 562914 (U.S. Mar. 22, 2010) (No. 09-9048); he raises the argument solely

to preserve its further review by the Supreme Court.

Ramirez-Leonardo additionally contendsthat the district court clearly erred in denying

him a minor-role adjustment pursuant to U.S.S.G. § 3B1.2(b). Ramirez-Leonardo’s reliance

on his alleged courier status, alone, is unavailing. See United States v. Martinez-Larraga,

517 F.3d 258, 272 (5th Cir. 2008); United States v. Jenkins, 487 F.3d 279, 282 (5th Cir.

2007). The unrebutted facts established that Ramirez-Leonardo imported a large amount of

heroin into the United States from the Dominican Republic; traveled a long distance with the

heroin in hidden compartments in the soles of multiple pairs of his shoes; was to be paid a

large sum of money for his role in the criminal activity; and was solely responsible for

transporting the heroin to its final destination of New York. Based on the foregoing, it

cannot be said that Ramirez-Leonardo was “peripheral to the advancement of the criminal

activity” and thus a minor participant. See Martinez-Larraga, 517 F.3d at 272.

AFFIRMED.

Case: 09-40688 Document: 00511139748 Page: 2 Date Filed: 06/11/2010
§ 72.01-2 Incorporation by reference. ( a ) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG-4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html*.
( b ) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, *http://www.imo.org*. ( 1 ) International Convention for the Safety of Life at Sea (SOLAS), as amended, Consolidated Edition, 2009, including Erratum, IBR approved for § 72.05-1(c).
( 2 ) [Reserved]
[USCG-2012-0196, 81 FR 48252, July 22, 2016]
I

104TH CONGRESS

1ST SESSION H. R. 14

To repeal the exemption from disclosure requirements for municipal securities,

and to require the Securities and Exchange Commission to publish model

disclosure forms to facilitate compliance with the disclosure requirements.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. LEACH introduced the following bill; which was referred to the Committee

on Commerce

A BILL

To repeal the exemption from disclosure requirements for

municipal securities, and to require the Securities and

Exchange Commission to publish model disclosure forms

to facilitate compliance with the disclosure requirements.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Municipal Securities

5 Reform and Simplified Disclosure Act of 1995’’.
2

•HR 14 IH

1 SEC. 2. GENERAL DISCLOSURE REQUIREMENTS FOR MU2 NICIPAL SECURITIES.

3 Subsection 15B(d) of the Securities Exchange Act of

4 1934 (15 U.S.C. 78o4(d)) is amended to read as follows:

5 ‘‘(d) IN GENERAL.—(1) Notwithstanding any other

6 provision of this Act and in addition to any other disclo7 sure requirements, the Commission shall, by rule or regu8 lation, publish model disclosure forms and clauses for com9 mon transactions to facilitate compliance with the disclo10 sure requirements set forth in this Act to aid issuers and

11 investors in municipal securities by utilizing readily under12 standable language to simplify the technical nature of the

13 disclosures. Such model disclosure forms and clauses shall

14 also be published for any application, report or document

15 in connection with the issuance, sale, or distribution of

16 such securities. No provision of this Act may be construed

17 to require municipal securities issuers to use any such

18 model form or clause prescribed by the Commission under

19 this section. A municipal securities issuer shall be deemed

20 to be in compliance with the disclosure provisions of this

21 Act with respect to other than numerical disclosures if the

22 municipal securities issuer (A) uses any appropriate model

23 form or clause as published by the Commission, or (B)

24 uses any such model form or clause and changes it by (i)

25 deleting any information which is not required by this sec26 tion, or (ii) rearranging the format, if in making such dele-
3

•HR 14 IH

1 tion or rearranging the format, the municipal securities

2 issuer does not affect the substance, clarity, or meaningful

3 sequence of the disclosure.’’.

4 SEC. 3. EFFECTIVE DATE.

5 The amendments made by this Act and any rules or

6 regulations required under such amendments, shall be7 come effective not later than 180 days after the date of

8 enactment.

Æ
#### § 7.110 Mamala Bay, HI.

A line drawn from Barbers Point Light to Diamond Head Light.
#### Foss, *Ap't, v.*Lord *& a., Ap'ees.*

An indorser cannot appeal in his own name from the disallowance of a note exhibited by the indorsee to a commissioner appointed *to*examine and allow claims against an estate administered as insolvent.

Probate Appeal. The plaintiff held against the deceased, John T. Gibbs, a note for ten thousand dollars, which he indorsed and delivered before its maturity to Marx *&*Son. The estate was administered as insolvent. Marx & Son presented the note to the commissioner, by whom it was disallowed; and the plaintiff appealed.

*T. J.*Smith, for the plaintiff.

*Wells*Burleigh, for the defendants.

Bingham, J.

Any creditor dissatisfied with the decision of the commissioner upon any claim by him exhibited may appeal therefrom. G. L, *c.*200, *s.*1. A creditor is one who has a right to require the fulfilment of an obligation or contract. 1 Bouv. Law Die. 409. The maker of a note is not liable to the -indorser and *530indorsee in separate actions at the same time. The indorsee is the legal owner of the note. Marx & Son could enforce collection. Foss was not a creditor of the estate, and could not maintain an action against it. *Little*v. *Ingalls,*13 N. H. 44. Even if the disallowance of the note by the commissioner revested its ownership in the plaintiff, he has no right to appeal, because he was not a creditor when it was presented to the commissioner, and its dis-allowance was not a decision on a claim by him exhibited. His claim must have been in existence, capable of being exhibited during the life of the commission, and not subsequently created by operation of law upon the acceptance of the commissioner’s report and the failure of another party to appeal. The appeal should have been taken in the name of Marx & Son.

*Appeal dismissed.*

All concurred.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CIK>  0001040354
<NAME> DECISIONONE CORP. 
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               JUN-30-1998
<CASH>                                           5,205
<SECURITIES>                                         0
<RECEIVABLES>                                  136,654
<ALLOWANCES>                                    22,572
<INVENTORY>                                     23,097
<CURRENT-ASSETS>                               170,181
<PP&E>                                          68,924
<DEPRECIATION>                                  39,829
<TOTAL-ASSETS>                                 606,439
<CURRENT-LIABILITIES>                          166,345
<BONDS>                                        638,766
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   (204,468)
<TOTAL-LIABILITY-AND-EQUITY>                   606,439
<SALES>                                        805,717
<TOTAL-REVENUES>                               805,717
<CGS>                                          613,806
<TOTAL-COSTS>                                  613,806
<OTHER-EXPENSES>                               183,673
<LOSS-PROVISION>                                15,515
<INTEREST-EXPENSE>                              52,204
<INCOME-PRETAX>                              (186,428)
<INCOME-TAX>                                  (14,787)
<INCOME-CONTINUING>                          (171,641)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (171,641)
<EPS-PRIMARY>                                (171,641)
<EPS-DILUTED>                                (171,641)
        

</TABLE>
Exhibit 32.1

FIRST FARMERS AND MERCHANTS CORPORATION

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 the Quarterly Report ofFirst Farmers and Merchants Corporation (the "Company") on Form 10-Q for the quarterended June 30, 2006, as filed with the Securities and Exchange Commission onthe date hereof (the "Report"), the undersigned certify, pursuant to 18 U.S.C.Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002,that:

(1)   The Report fullycomplies with the requirements of section 13(a) or 15(d) of the Securities ExchangeAct of 1934, as amended; and

(2)   Information containedin the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.

Date       August 9, 2006                                 /s/T. Randy Stevens                                                      

                                                              T. Randy Stevens, Chief Executive Officer 

Date       August 9, 2006                                 /s/Patricia P. Moody                                                                                  

Patricia P. Moody, Assistant Treasurer(principal financial

           officer and principalaccounting officer)