alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose Angel LOZANO-REYES, Defendant-Appellant.

No. 04-41070.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Aug. 17, 2005.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee. ■

*337Marjorie A. Meyers, Federal Public Defender, Molly E. Odom, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM: *

Jose Angel Lozano-Reyes appeals his guilty-plea conviction and sentence for illegal reentry following deportation. Lozano-Reyes argues pursuant to *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), that *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), should be overruled. He concedes that his constitutional argument is foreclosed by *Almendarez-Torres,*and he raises it solely to preserve its further review by the Supreme Court.

*Apprendi*did not overrule *Almendarez-Torres. See Apprendi,*530 U.S. at 489-90; *United States v. Dabeit,*231 F.3d 979, 984 (5th Cir.2000). The Supreme Court’s recent decisions in *Shepard v. United States,*— U.S. -, -& n. 5, 125 S.Ct. 1254, 1262-63 & n. 5, 161 L.Ed.2d 205 (2005), *United States v. Booker,*— U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and *Blakely v. Washington,*542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), also did not overrule *AlmendarezTorres.*We therefore must follow *Almendarez-Torres*“unless and until the Supreme Court itself determines to overrule it.” *Dabeit,*231 F.3d at 984 (internal quotation marks and citation omitted).

Lozano-Reyes contends that his sentence is invalid in light of *Booker*because the sentencing judge applied the sentencing guidelines as if they were mandatory. We review for plain error. *United States v. Valenzuela-Quevedo,*407 F.3d 728, 732 (5th Cir.2005), *petition for cert. filed*(July 25, 2005) (No. 05-5556). To prevail under a plain error analysis, Lozano-Reyes must show, among other things, that the error prejudiced him by adversely affecting his substantial rights. *Id.*at 733.

Lozano-Reyes fails to identify anything in the record to suggest that his sentence would have been any less had the court applied the sentencing guidelines as advisory rather than mandatory. *See id.*He thus fails to establish prejudice to his substantial rights. *See id.*The judgment of the district court is AFFIRMED.

*

 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.
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







Pursuant to 18 U.S.C. § 1350, as created by Section § 906 of the Sarbanes-Oxley Act of 2002, the undersigned officers of Bluerock Enhanced Multifamily Trust, Inc. (the “Company”) hereby certify, to such officers’ knowledge, that:




(i)       The accompanying annual Report on Form 10-K for the period ended December 31, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and









(ii)       The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







DATE: March 31, 2011                                                                        /s/ R. Ramin Kamfar


R. Ramin Kamfar


Chief Executive Officer and Chairman of the Board


(Principal Executive Officer)












DATE: March 31, 2011                                                                         /s/ Jerold E. Novack


Jerold E. Novack


Chief Financial Officer


(Principal Financial Officer and Principal Accounting Officer)









A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.




The foregoing certification is being furnished as an exhibit to the Report pursuant to Item 601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 and, accordingly, is not being filed with the Securities and Exchange Commission as part of the Report and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Report, irrespective of any general incorporation language contained in such filing).






F-30
No. 68476.

protest 327433-K (New York).

#### Hirsehberg Schütz & Go., Inc. *v.*United States,

Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of nylon ribbons similar in use to ribbons made from fabrics with fast edges, wholly or in chief value of silk, and following the principles set forth in *United States*v. *Steinberg Bros.*(47 CCPA 47, C.A.D. 727), the claim of the plaintiff was sustained.
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28 Ronald P. Bell

Attorney at Law

P.O. Box 510

Sequim, WA 98382

(360) 683-1129

Order for Extension

of Time to File Answer, Page1

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

UNITED STATES OF AMERICA, )

)

Plaintiff, ) Civil No. 2:06-254-JCC

)

v. ) ORDER

) FOR EXTENSION OF TIME

RONALD F. ERDMANN and PHILLIP ) TO FILE ANSWER

B. ESHOM, )

)

Defendants. )

____________________________________)

THIS MATTER having come on before the undersigned Judge, and the plaintiff being

represented by Amy Matchison of the U.S. Department of Justice and the Defendant Erdmann

being represented by Ronald P. Bell, and the Stipulation of the parties is hereby entered, now,

therefore, it is hereby

ORDERED THAT defendant Ronald F. Erdmann shall have until ten (10) days after the

Honorable Thomas S. Zilly’s Order ruling on the government’s motion to withdraw reference, to

file his answer. The parties are further directed to file a NOTICE in this matter indicating the date

on which Judge Zilly’s Order was docketed so that the answer date in this matter may be reset.

DONE IN OPEN COURT this 25th day of April, 2006.

A

John C. Coughenour

United States District Judge

Case 2:06-cv-00254-JCC Document 12 Filed 04/25/06 Page 1 of 1
# Official Journal C 410/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 410 |
| | |
| English edition | Information and Notices | Volume 6113 November 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 410

English edition

Information and Notices

Volume 6113 November 2018

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 410/01 | Non-opposition to a notified concentration (Case M.8861 — Comcast/Sky) (
  1
  ) | 1 |
| 2018/C 410/02 | Non-opposition to a notified concentration (Case M.9055 — Lone Star/CaixaBank Assets) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 410/01

Non-opposition to a notified concentration (Case M.8861 — Comcast/Sky) (
  1
  )

1

1

2018/C 410/02

Non-opposition to a notified concentration (Case M.9055 — Lone Star/CaixaBank Assets) (
  1
  )

1

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 410/03 | Euro exchange rates | 2 |
| | Court of Auditors |
| 2018/C 410/04 | Special Report No 30/2018 — ‘EU passenger rights are comprehensive but passengers still need to fight for them’ | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 410/03

Euro exchange rates

2

Court of Auditors

2018/C 410/04

Special Report No 30/2018 — ‘EU passenger rights are comprehensive but passengers still need to fight for them’

3

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2018/C 410/05 | Prior notification of a concentration (Case M.9056 — Generali CEE/AS) (
  1
  ) | 4 |
| 2018/C 410/06 | Prior notification of a concentration (Case M.9087 — Mondi Štětí/Holzindustrie Maresch/Eco-Investment/Labe Wood) — Candidate case for simplified procedure (
  1
  ) | 5 |
| 2018/C 410/07 | Prior notification of a concentration (Case M.9121 — Michelin/Camso) (
  1
  ) | 6 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2018/C 410/05

Prior notification of a concentration (Case M.9056 — Generali CEE/AS) (
  1
  )

1

4

2018/C 410/06

Prior notification of a concentration (Case M.9087 — Mondi Štětí/Holzindustrie Maresch/Eco-Investment/Labe Wood) — Candidate case for simplified procedure (
  1
  )

1

5

2018/C 410/07

Prior notification of a concentration (Case M.9121 — Michelin/Camso) (
  1
  )

1

6

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN
Exhibit 31.4





CERTIFICATION





I, Fred A. Graffam, certify that:





1.    I have reviewed this annual report on Form 10-K/A (this " Report ") of Ascent Capital Group, Inc.; and


2.    Based on my knowledge, this Report does 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.


Date:April 30, 2019/s/ Fred A. GraffamFred A. GraffamSenior Vice President and Chief Financial Officer
B Arysta LifeScience 

March 3, 2014 

.. lr; 

obcume~i ·co~tr61 Office (DCP) (7407M) .. 

'Office of P~flution Prevention and Toxics. (o'PPT) . 

U.S. Envir~nmental Protection Agency . . · · 

.. ' 

.~.:· 

REC .;\'.tr•J) 

~· 

e.PI' 00cv..e:·r cc.N1ER 

! 

.. ) r· '"' , ... t , 1 r- , ... ·,.,;:Ct:.~vc.d 

OPPT CBlC 

tO I~ 1~1AR I I . AH 6: 08 

CBIC Control Number 

358893 

1200 Pennsylvania Ave, NW 

Washington,: be 20460-0001 )-r ~ /\\ ~1} 

Attn: TSCA Section 4- Docket Identification Number EPA-HQ-OPPT-2007-0531 

Re: Application for Exemption, Section 4 Test Rule, 1H,3H-Benzol [1,2-c:4,5-c']difuran-1,3,5,7-

tetrone, CAS# 89-32-7, Testing of certain high production volume chemicals; Second group of 

Chemicals, Federal Register, Vol. 76, No.5, January 7, 2011,40 CFR 799.5087. ' .'•'· 

DearSir or Madam: . ' ··,f \ 

Arysta 'LifeScience America lrlC. ("Ar\r~ta") submits this application for exemption from the requirements 

for testing 1H,3H-Benzol[1,2-c:4,5-c']"ifuran~1,l,5,7-tetrone, CAS# 89-32-7 under TSCA Section 4 Test 

Ruie as noted• above: 

As part of our exemption application we are providing the following information: 

(a) The identity of the test rule, the chemical identity, and the CAS No. of the test substance on 

which the application is based. 

Testing of certain high production volume chemicals; Second group of Chemicals, Federal 

Register, Vol. 76, No.5, January 7, 2011,40 CFR 799.5087, 1H,3H-Benzol [1,2-c:4,5-

c']difuran-1,3,5,7-tetrone, CAS# 89-32-7. 

(b) We are requesting an exemption from all testing requirements for 1H,3H-Benzol [1,2-c:4,5-

c']difuran-1,3,5,7-tetrone, CAS# 89-32-7 under 40 CFR 799.5087 because we believe that 

this material is already being sponsored for testing (per above) by another party. 

(c) Name, address and telephone number of applicant: 

Arysta LifeScience America Inc. 

1450 Broadway (20th Floor) 

New York, NY 10018 

212-930-5101 

(d) Name, address and telephone number of appropriate individual to contact for further 

information. 

Toyokazu Matsumoto 

President 

Arysta LifeScience America Inc. 

1450 Broadway (20th Floor) 

New York, NY 10018 

212-930-5101 

Arysta LifeScience America Inc. 

1 

1450 Broadway, 20th Floor, New York, NY 10018 Telephone: 212-930-5100 Fax: 212-930-5119 

www .arystalifescience.com 

.sz 

"gQ 

mo::: 

fl<( 

2::J: 

a.. en "" .. ..,>. 

:g..o 

..,_ 

cUJ 

~0 

• 
As per 40 CFR 790.99, Arysta provides our Statement of financial responsibility per our application for 

exemption: 

I (Arysta LifeScience America Inc.) understand that if this application is granted before the 

reimbursement period described in section 4(c)(3)(B) ofTSCA expires, Arysta must pay fair and equitable 

reimbursement to the person or persons who incurred or shared in the costs of complying with the 

requirement to submit data and upon whose data the granting of my application was based. 

If you have any further questions please contact me. 

Arysta LifeScience America Inc. 

0565 

2 

Arysta LifeScience America Inc.
Before the Second Division,

September 2, 1958

No. 62328.

#### Aluminum Import Corp. et al. *v.*United States,

protests 209234-K, etc. (Buffalo).

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of aluminum alloys similar in all material respects to those the subject of *C. J. Tower & Sons*v. *United States*(45 C. C. P. A. 43, C. A. D. 670), the claim of the plaintiffs was sustained.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED FINANCIAL STATEMENTS CONTAINED IN THE SEPTEMBER 30,1998 REPORT FILED
ON FORM 10-QSB AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                       2,396,933
<SECURITIES>                                         0
<RECEIVABLES>                                2,135,625
<ALLOWANCES>                                    25,000
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<OTHER-SE>                                   7,636,130
<TOTAL-LIABILITY-AND-EQUITY>                10,267,424
<SALES>                                      5,850,415
<TOTAL-REVENUES>                             6,146,237
<CGS>                                                0
<TOTAL-COSTS>                               12,473,875
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
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<EPS-PRIMARY>                                    (.79)
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</TABLE>
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UNITED STATES OF AMERICA

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

 

VARIAN MEDICAL SYSTEMS, INC.,

Plaintiff(s),

v.

RESONANT MEDICAL, INC., 

 Defendant(s).

 Case No. C05-1645P

 MINUTE ORDER

The following minute order is made by the direction of the court, the Honorable Marsha J.

Pechman:

At the request of counsel, an extension of time to file the joint status report is granted. The

report will be due on February 16, 2006. All other FRCP 26-related dates are adjusted

accordingly. Failure to adhere to these deadlines may result in sanctions, up to and including

dismissal of this action.

Filed this 28th day of November, 2005.

BRUCE RIFKIN, Clerk

By /s Mary Duett

Deputy Clerk

Case 2:05-cv-01645-MJP Document 6 Filed 11/28/05 Page 1 of 1
EXHIBIT 32.1

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

In connection with the Annual Report of Chem Rx Corporation (the "Company") on Form 10-K for the year ended December 31, 2007, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jerry Silva, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section.1350, as adopted pursuant
to Section.906 of the Sarbanes-Oxley Act of 2002, that:

|Date: April 4, 2008 |                                                  
|------------------- | -------------------------------------------------
|                    | /s/JERRY SILVAJerry Silva Chief Executive
Officer

---



QuickLinks
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<PAGE>
 
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<PERIOD-START>                             JAN-01-1997
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<CASH>                                           1,472
<SECURITIES>                                         0
<RECEIVABLES>                                   10,463
<ALLOWANCES>                                       695
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</TABLE>
Case No.: 3:06-cv-05245 

STIPULATION AND ORDER TO RENOTE 

MOTION TO DISMISS - 1 

KEESAL, YOUNG & LOGAN 

1301 FIFTH AVENUE, SUITE 1515 

SEATTLE, WASHINGTON 98101 

(206) 622-3790 

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The Honorable Frank D. Burgess 

UNITED STATES DISTRICT COURT 

FOR THE WESTERN OF WASHINGTON 

GUY W. BECKETT, Personal 

Representative of the Estate of Lois M. 

Beckett, individually and on behalf of all 

others similarly situated, 

Plaintiff, 

vs. 

MELLON INVESTOR SERVICES, LLC, a 

New Jersey limited liability company, 

Defendant. 

Case No. 3:06-cv-05245 

STIPULATION AND ORDER TO 

RENOTE MOTION TO DISMISS 

STIPULATION

Due to plaintiff’s counsel’s travel schedule, and the agreement of the parties 

to have Mellon’s Motion to Dismiss and Beckett’s Motion to Remand noted for 

hearing on the same date, the parties stipulate that Mellon’s Motion to Dismiss be 

renoted from Friday, October 27, 2006 to Friday, November 3, 2006. 

Case 3:06-cv-05245-RJB Document 14 Filed 10/26/06 Page 1 of 3
Case No.: 3:06-cv-05245 

STIPULATION AND ORDER TO RENOTE MOTION 

TO DISMISS - 2 

KEESAL, YOUNG & LOGAN 

1301 FIFTH AVENUE, SUITE 1515 

SEATTLE, WASHINGTON 98101 

(206) 622-3790 

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ORDER

It is so ORDERED. 

DATED this 25th day of October 2006. 

A

FRANKLIN D. BURGESS 

UNITED STATES DISTRICT JUDGE

Presented through stipulation this 11th day of October, 2006. 

/s/ Roblin J. Williamson, WSBA No. 11387 

Williamson & Williams 

811 First Avenue, Suite 620 

Seattle, WA 98104-1425 

Phone: (206) 587-6834 

Fax: (206) 587-6835 

Email: robw@williamslaw.com 

Attorneys for Plaintiff Guy W. Beckett 

/s/ Nancy Harriss, WSBA No. 21004 

Robert J. Bocko, WSBA No. 15724 

Keesal, Young & Logan 

1301 Fifth Avenue, Suite 1515 

Seattle, WA 98101 

Phone: (206) 622-3790 

Fax: (206) 343-9529 

Email: nancy.harriss@kyl.com 

 robert.bocko@kyl.com 

Attorneys for Defendant Mellon 

Investor Services, LLC. 

Case 3:06-cv-05245-RJB Document 14 Filed 10/26/06 Page 2 of 3
Case No.: 3:06-cv-05245 

STIPULATION AND ORDER TO RENOTE MOTION 

TO DISMISS - 3 

KEESAL, YOUNG & LOGAN 

1301 FIFTH AVENUE, SUITE 1515 

SEATTLE, WASHINGTON 98101 

(206) 622-3790 

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SE45887 

Case 3:06-cv-05245-RJB Document 14 Filed 10/26/06 Page 3 of 3
No. P68/14.

protests 308960-K, etc. (Baltimore).

#### F. H. Shallus Co., a/c Charles A. Koons, Inc., et al. *v.*United States,

Eao, C.J.

In accordance with stipulation of counsel that the items of merchandise covered by the foregoing protests consists of seamless steel tubes with plain square-cut ends made to American Petroleum Institute specifications for grade J-55 steel to be made into couplings for oil well casing the same in all material respects as those the subject of *John A. Steer Co., a/c Charles A.*Koons, *Inc.*v. *United States*(54 CCPA 81, C.A.D. 911), the claim of the plaintiffs was sustained.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

September 24, 2012

d0917

Order 

September 24, 2012

144609

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 144609

COA: 299576 

Oakland CC: 2008-224217-FH

PETER ALLAN GRANAAS,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the application for leave to appeal the December 15, 2011 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
Before the Third Division,

December 19, 1963

No. 68189.

#### W. J. Byrnes & Co. of N.Y., Inc. *v.*United States,

protest 63/5494 (New York).

Opinion by

Donlon, J.

Since the protest was filed more than 60 days after liquidation, it was dismissed as untimely, by virtue of section 514, Tariff Act of 1930.