alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-41028

UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

FABIAN LOPEZ-RAMIREZ, also known as Neftali Zuniga-Diaz,

Defendant - Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:13-CR-423-1

Before DAVIS, WIENER, and HAYNES, Circuit Judges.

PER CURIAM:*

Defendant-Appellant Fabian Lopez-Ramirez appeals the district court’s 

written judgment to the extent it is in conflict with the district judge’s oral 

pronouncement. 

At sentencing, the district judge stated that Lopez-Ramirez must “advise 

any law enforcement officer stopping [him] that [he is] on supervision for illegal 

reentry.” However, the special conditions section of the written judgment 

provides that “upon contact with law enforcement, [Lopez-Ramirez] shall 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

December 4, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-41028 Document: 00512857799 Page: 1 Date Filed: 12/04/2014
No. 13-41028

inform [the officer(s)] that he is an undocumented alien who is on supervised 

release.” Lopez-Ramirez argues that the written requirement that he identify 

himself as an “undocumented alien” is more onerous than the oral condition

and violates the Fifth Amendment. The government argues that, to the extent 

the conditions conflict, the written condition is narrower and less burdensome

than the oral condition.

Without reaching Lopez-Ramirez’s constitutional argument, we conclude 

that the written judgment does not mirror the oral pronouncement. 

Accordingly, we remand the case so that the district court may conform the 

written judgment to the oral pronouncement of the special condition of 

supervised release. See United States v. Torres-Aguilar, 352 F.3d 934, 935 (5th 

Cir. 2003) (per curiam) (“‘[W]hen there is a conflict between a written sentence 

and an oral pronouncement, the oral pronouncement controls.’” (quoting

United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001))).

REMANDED FOR CONFORMANCE OF WRITTEN JUDGMENT.

2

 Case: 13-41028 Document: 00512857799 Page: 2 Date Filed: 12/04/2014
EXHIBIT 32.3



CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER OF

UCDP FINANCE, INC.

PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the quarterly report of UCDP Finance, Inc. (the
Company) on Form 10-Q for the period ending October 2, 2005 filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert K. Gault, Jr. certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my 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 operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Dated: November 15, 2005



By:

/s/ ROBERT K. GAULT, JR.Robert K. Gault, Jr. President (Principal Executive Officer)




28
**Exhibit 32.2**

 

**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 on Form 10-Q of The FirstMarblehead Corporation (the “Company”) for the period ended September 30, 2004as filed with the Securities and Exchange Commission on the date hereof (the “Report”),I, Donald R. Peck, Executive Vice President, Chief Financial Officer andTreasurer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that:

 

(1)                                  The Report fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2)                                  The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 
|   | Dated: November 12, 2004                                                        |               |   |
|--------|---------------------------------------------------------------------------------|--------------------|--------|
|   |                                                                            | /s/ Donald R. Peck |   |
|   | Donald R. Peck  Executive Vice President, Chief Financial Officer and Treasurer |

 

A signed original of this written statement required by Section 906has been provided to The First Marblehead Corporation and will be retained byThe First Marblehead Corporation and furnished to the SEC or its staff uponrequest.

 

1

----
Before the Third Division,

January 3, 1941

No. 45092.

#### Protests 852672-G, etc., of Mon Hing *&*Co. et al. (New York).

Opinion by

Evans, J.

In accordance with stipulation of counsel and on the authority of *Oy Wo Tong Co.*v. *United States*(C. D. 372) crude drugs were held entitled to free entry under paragraph 1669 and drugs, sliced, at 10 percent ad valorem under paragraph 34 as claimed.
Exhibit 32.9

CERTIFICATION PURSUANT TO

18 U.S.C.§1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of
the Winton/Graham Series, a Series of The Frontier Fund on Form 10-Q for the period ended September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned hereby
certifies, to the best of 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 operations of the Winton/Graham Series.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                                                                                    
|----------------------------------------------------------------------------------------------------------------------------------------------------
|/s/ Robert J. Enck                                                                                                                                  
|Robert J. Enck                                                                                                                                      
|President and Chief Executive Officer of Equinox Fund Management, LLC, the Managing Owner of the Winton/Graham Series, a Series of The Frontier Fund
|                                                                                                                                                    
|/s/ Brent Bales                                                                                                                                     
|Brent Bales                                                                                                                                         
|Chief Financial Officer of Equinox Fund Management, LLC, the Managing Owner of the Winton/Graham Series, a Series of The Frontier Fund              

Date: November 12, 2009
No. 50171.

#### Protest 969453-G of F. W. Woolworth Co. (New York).

Opinion by

Oliver, P. J.

It was stipulated that the harmonicas in question are similar in all material respects to the merchandise the subject of Abstract 49930, which record was incorporated herein. In accordance therewith the claim at 40 percent under paragraph 1541 was sustained.
EXHIBIT 23


                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in this Form 10-K of Virginia
Commerce Bancorp, Inc. and in the Registration Statements on Form S-8 (Nos.
333-68576, 333-68578 and 333-68580) of our report, dated February 21, 2002,
relating to the consolidated balance sheets of Virginia Commerce Bancorp, Inc.
as of December 31, 2001 and 2000, and the related consolidated statements of
operations, changes in stockholders' equity and cash flows for the years ended
December 31, 2001, 2000 and 1999.


/s/ Yount, Hyde & Barbour, PC


Winchester, Virginia
March 22, 2002
---

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

I, Steven Vestergaard, certify, pursuant to 18 U.S.C. Section
  1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
  that the Annual Report on Form 10-KSB of Destiny Media Technologies, Inc. for
  the year ended August 31, 2007 fully complies with the requirements of Section
  13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that
  the information contained in the Annual Report on Form 10-KSB fairly presents,
  in all material respects, the financial condition and results of operations
  of Destiny Media Technologies, Inc. (the Company)

By:
      /s/Steve VestergaardName:
      STEVEN VESTERGAARDTitle:
      Chief Executive OfficerDate:
      November 29, 2007


This written statement is being furnished to the Securities
  and Exchange Commission as an exhibit to the Companys Annual Report on
  Form 10-KSB. A signed original of this statement 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.

This certification accompanies this Annual Report on Form
  10-KSB pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not,
  except to the extent required by such Act, be deemed filed by the Company for
  purposes of Section 18 of the Securities Exchange Act of 10934, as amended (the
  Exchange Act). Such certification will not be deemed to be incorporated
  by reference into any filing under the Securities Act of 1933, as amended, or
  the Exchange Act, except to the extent that the Company specifically incorporates
  it by reference.

---
[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Notices]
[Page 14638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5593]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Aviation Proceedings, Agreements Filed the Week Ending March 16, 
2007

    The following Agreements were filed with the Department of 
Transportation under the Sections 412 and 414 of the Federal Aviation 
Act, as amended (49 U.S.C. 1383 and 1384) and procedures governing 
proceedings to enforce these provisions. Answers may be filed within 21 
days after the filing of the application.
    Docket Number: OST-2007-27612.
    Date Filed: March 13, 2007.
    Parties: Members of the International Air Transport Association.
    Subject: Mail Vote 530--Resolution 010L; TC3 Special Passenger 
Amending Resolution Between Japan and South Asian Subcontinent, South 
East Asia (Memo 1065). Intended effective date: 1 April 2007.

    Docket Number: OST-2007-27613.
    Date Filed: March 13, 2007.
    Parties: Members of the International Air Transport Association.
    Subject: TC12 North Atlantic-Middle East Except between USA and 
Jordan; Resolutions and Specified Fares Tables (Memo 0261). Intended 
effective date: 1 April 2007.

    Docket Number: OST-2007-27614.
    Date Filed: March 13, 2007.
    Parties: Members of the International Air Transport Association.
    Subject: TC12 Mid Atlantic-Middle East Resolutions and Specified 
Fares Tables (Memo 0262). Intended effective date: 1 April 2007.

    Docket Number: OST-2007-27615.
    Date Filed: March 13, 2007.
    Parties: Members of the International Air Transport Association.
    Subject: TC12 South Atlantic-Middle East Resolutions and Specified 
Fares Tables (Memo 0263). Intended effective date: 1 April 2007.

    Docket Number: OST-2007-27624.
    Date Filed: March 15, 2007.
    Parties: Members of the International Air Transport Association.
    Subject: Mail Vote 531--Resolution 010m; TC3 Special Passenger 
Amending Resolution Between China (excluding Hong SAR and Macao SAR) 
and Japan, Northern Mariana Islands (Memo 1067). Intended effective 
date: 15 April 2007.


Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
 [FR Doc. E7-5593 Filed 3-27-07; 8:45 am]
BILLING CODE 4910-9X-P
DISMISS; and Opinion Filed May 22, 2013. 

# S

In The Court of Appeals Fifth District of Texas at Dallas
No. 05

- 12

- 00995

- CV
IN RE J.C. PENNEY CO MPANY, INC., ET AL. , Relators
On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC

- 12

- 00735

MEMORANDUM OPINION Before Justices Moseley, FitzGerald, and Myers Opinion by Justice FitzGerald On April 18, 2013, this Court informed the parties that this original proceeding would be dismissed unless either party objected within ten days. Neither party has objected or otherwise communicated with this Court regarding the petition for writ of mandamus. Accordingly, we

DISMISS the petition.

120995F.P05 Kerry P. FitzGerald KERRY P. FITZGERALD JUSTICE
Before the First Division,

June 2, 1960

No. 64259.

protest 58/19689 (New York).

#### Montgomery Ward & Co., Inc. *v.*United States,

Opinion by

Mollison, J.

In accordance with stipulation of counsel that the merchandise consists of valances similar in all material respects to those the subject of *D. N. & E. Walter & Co. et al.*v. *United States*(43 Cust. Ct. 26, C.D. 2098), the claim of the plaintiff was sustained.
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of Highland Hospitality Corporation (the “Company”) on Form 10-Q for theperiod ended June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, James L. Francis, President and 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 to the best of my 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 operations of the Company. 

Date: August 8, 2006
No. 38940.

#### Protests 253623-G, etc., of Peter Schneider’s Sons & Co., Inc. (New York).

’’Opinion by

Tilson, J.

It was stipulated that the merchandise consists of nets in chief value of cellulose filaments similar to those involved in Abstract 37230. The claim at 60 percent under paragraph 31 was therefore sustained.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Jason A. Milner, et al.,

Case No. 2:10-cv-904

Plaintiffs, 

v. Judge Graham

Robin Biggs, et al., Magistrate Judge King

Defendants.

OPINION AND ORDER

This matter is before the court on a motion for reconsideration filed by plaintiffs’

attorney, Jason Shugart. Doc. 160. In an order dated April 5, 2013, this Court granted

substantial sanctions against Mr. Shugart. Doc. 159. He now seeks reconsideration of that order.

Mr. Shugart claims to seek to rectify a clear error of law. Doc. 160 at 2. However, in his

motion, he simply rehashes arguments that he has repeatedly made and that this Court and the

Sixth Circuit Court of Appeals have rejected. See docs. 48, 58, 156, 159. He presents no new

arguments and we need not again consider legal claims that this Court has previously

characterized as Mr. Shugart’s “obsession with [a] novel and unsupported theory of the [Ohio

Consumer Sales Practices Act.]” Doc. 159 at 35. This obsession has “blinded Mr. Shugart to the

costs of pursuit of a meritless theory, a pursuit that far exceeded zealous advocacy and

unreasonably and vexatiously multiplied this litigation. Mr. Shugart’s obsession had costs and

victims.” Id.

The motion for reconsideration is DENIED.

IT IS SO ORDERED. 

1

Case: 2:10-cv-00904-JLG-NMK Doc #: 161 Filed: 04/16/13 Page: 1 of 2 PAGEID #: <pageID>
S/ James L Graham 

James L. Graham

UNITED STATES DISTRICT JUDGE

Date: April 16, 2013

2

Case: 2:10-cv-00904-JLG-NMK Doc #: 161 Filed: 04/16/13 Page: 2 of 2 PAGEID #: <pageID>
p.1 

OAR Box 1877 

Prepped by Keeia Richards 

Document Number: 

30) ll-B-27 

Docket Number: 

A-90-19 

Printed 12/2/200810:36:48 AM Sheet 30 of 46 
r P.2 

A-90-19 

ll-B-27 

PENDING CONFIDENTIAL 

The following information is located in the confidential 

files of the Director, Emission Standards Division, Office of Air 

Quality Planning and Standards, u. s. Environmental Protection 

Agency, Research Triangle Park, North Carolina 27711 This 

information is confidential pending final determination by the 

Administrator and is not available for public inspection 

). *i pages. 

CBI Document Control No. 86/23, PPS-27.
Exhibit 35.2







Collateral Management Services









May 26, 2011




American Honda Finance Corporation P.O. Box 2295


Torrance, California 90509-2295




Attention: Paul C. Honda




Re: Assessment of compliance for services provided pursuant to the Title Administration Agreement dated as of February 5, 2002 between triVIN, Inc. (triVIN) for services provided by its wholly owned subsidiary, DealerTrack Collateral Management Services (fka FDI Computer Consulting, Inc., dba FDI Collateral Management) (the Company), and American Honda Finance Corporation (AHFC).




a)
A review of the Company's activities and performance under the Title Administration Agreement dated as of February 5, 2002 between triVIN and AHFC during the period commencing April 1, 2010 through and including March 31, 2011 has been conducted under our supervision, and;









b)
To the best of my knowledge, based upon such review, the Company has fulfilled its obligations under the Title Administration Agreement dated as of February 5, 2002 between triVIN and AHFC in all material respects throughout the period commencing April 1, 2010 through and including March 31, 2011.




DealerTrack Collateral Management Services














By/s/ Tony Panganinban





Name: Tony Panganiban


Title: Vice President, Finance


Signed as of May 26, 2011








Cc: Brent Suire
**Exhibit 15.1**

**Consent of Independent Registered Public Accounting Firm**

The Board of Directors

MakeMyTrip Limited: 

We consent tothe incorporation by reference in the registration statement (No. 333-168880) on Form S-8 and (No. 333-193943) on Form F-3 of MakeMyTrip Limited of our reports dated June 6, 2014, with respect to the consolidated statement of financial positionof MakeMyTrip Limited as of March 31, 2013 and 2014, and the related consolidated statements of profit or loss and other comprehensive income (loss), changes in equity and cash flows for each of the years in the three-year period endedMarch 31, 2014, and the effectiveness of internal control over financial reporting as of March 31, 2014, which reports appear in the March 31, 2014 annual report on Form 20-F of MakeMyTrip Limited. 

Our report dated June 6, 2014, on the effectiveness of internal control over financial reporting as of March 31, 2014, contains an explanatoryparagraph that states that the Company acquired Easytobook Holding B.V. during the year ended March 31, 2014, and management excluded from its assessment of the effectiveness of the Company’s internal control over financial reporting as ofMarch 31, 2014, Easytobook Holding B.V.’s internal control over financial reporting associated with total assets of $8,673,980 (of which $5,263,284 represents intangible assets included within the scope of the assessment) and totalrevenues of $1,461,230 included in the consolidated financial statements of the Company as of and for the year ended March 31, 2014. Our audit of internal control over financial reporting of the Company also excluded an evaluation of theinternal control over financial reporting of Easytobook Holding B.V. 

/s/ KPMG 

Gurgaon, India 

June 6, 2014
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8710 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 8710

  To amend the Internal Revenue Code of 1986 to allow a deduction for 
                   amounts contributed to a 529 plan.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2024

  Mr. Gottheimer (for himself and Mr. James) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to allow a deduction for 
                   amounts contributed to a 529 plan.

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

SECTION 1. DEDUCTION FOR CONTRIBUTIONS TO 529 PLAN.

    (a) In General.--Section 529 of the Internal Revenue Code of 1986 
is amended by redesignating subsection (f) as subsection (g) and by 
inserting after subsection (e) the following new subsection:
    ``(f) Deduction for Contributions.--
            ``(1) In general.--In the case of an eligible individual, 
        there shall be allowed as a deduction for the taxable year an 
        amount equal to so much of the sum of the aggregate 
        contributions made to a qualified tuition program as does not 
        exceed $10,000.
            ``(2) Eligible individual.--For purposes of this 
        subsection, the term `eligible individual' means an individual 
        whose adjusted gross income for the taxable year does not 
        exceed $200,000.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to amounts contributed after the date of the enactment of this 
Act.
                                 <all>
```
Before the First Division,

July 24, 1939

No. 41844.

#### Protests 970107-G, etc., of Gibson Thomsen Co. et al. (New York).

Opinion by

McClelland, P. J.

It was stipulated that the merchandise consists of Cloth brushes and hat brushes similar to those passed upon in *United States*v. *Heinrich Herrmann & Weiss*(26 C. C. P. A. 292, C. A. D. 30). They were therefore held dutiable at only 50 percent under paragraph 1506 as claimed.