alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-4229

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus LEONARD H. MITCHELL, Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. M. J. Garbis, District Judge. (CR-95-315- MJG) Submitted: November 21, 1996 Decided: December 6, 1996 Before HALL, WILKINS, and HAMILTON, Circuit Judges. Dismissed by unpublished per curiam opinion. Phillip M. Sutley, Baltimore, Maryland, for Appellant. Lynne A. Battaglia, United States Attorney, Martin J. Clarke, Special Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Leonard H. Mitchell was convicted of possessing a firearm while being a convicted felon, 18 U.S.C.A. § 922(g)(1) (West Supp. 1996), and was sentenced as an armed career offender. 18 U.S.C.A.§ 924(e) (West Supp. 1996). He seeks to appeal his 265-month sentence, contending that the district court abused its discretion byrefusing to depart downward because of his age (42) and the difference between the armed career offender sentence and the guideline range which would have applied were he not a career offender. A sentencing court's discretionary decision not to depart from the guideline range is not subject to appellate review. United States v. Bayerle , 898 F.2d 28, 31 (4th Cir.), cert. denied , 498 U.S. 819 (1990). However, if the court bases its decision not to depart on a perceived lack of legal authority, its decision is a legal one which is reviewed de novo. United States v. Hall , 977 F.2d 861, 863 (4th Cir. 1992). Here, the district court stated its belief that a departure was not appropriate and, in any case, would not be upheld on the grounds urged. The court expressed no desire to depart. We find that the court exercised its discretion in deciding not to depart. We therefore dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED
Air Quality Program 

Sacaton, AZ. 85247 

Date: 5-3345 

To: District & 

We would like to request placement on the agenda for the upcoming 

Community meeting on 3u~e 1'3 . 

The air quality program will make a presentation on the following 

The presentation will be given by %\& . 

Please call Janet Travis at (520) 562-2234 ext. 286 to confirm 

placement on the agenda. 

I 
TRANSMISSION VERIFICATION REPORT 

I I 

TIME : 05/23/2005 16:26 

NAME : DEPT DEQ 

FAX : 5205622245 

TEL : 5205622234 

DATE, TIME 

FAX NO./NAME 

DURATION 

PffiE(S) 

RESULT 

MODE 

01 

OK 

STANDARD 

ECM 

Sacaton, AZ. 85247 

bate: '5-334s 

To: District 5 

We would like to request placement on the agenda for the upcoming 

Community meeting on Swe 13 - 

The air quality program will make a presentation on the following 

The presentation will be given by %\o*;-- .. 
Date: 6 -t -05 

To: District 2 

We would like to request placement on the agenda for the upcoming 

Community meeting on t3~ 13 . The air quality program will make a presentation on the following 

The presentation will be given by <Th.~d =vrs. 

Please call Janet Travis at (520) 562-2234 ext. 286 to confirm 

placement on the agenda. 

Than k-you 
I TRANSMISSION VERIFICATION 1 REPORT 

L I 

TIME : 06/01/2005 16:24 

NAME : DEPT DEQ 

FAX : 5205622245 

TEL : 5205622234 

DATE, TIME 

FAX NO./NAME 

DURATION 

PAGE(S) 

RESULT 

MODE 

01 

OK 

STANDARD 

ECM 

61LA RIVER INbIAN COMMUW 

Air Quality Program 

P.O. Box 97 

Sacaton, At. 85247 

Office: (520) 562-2234 Fax: (520) 562-2245 

Date: 6 -1 4% 

To: District a 

1Ne would like to request placement on the agenda for the upcoming 

Zommunity meeting on 15 . The air quality program will make a presentation on the following 

The presentation will be given by S~C& =vrs . 

--
OFFICEOFTHEA'TTORNEY GENERAL OFTEXAS 

AUSTIN 

Honorable Brady Oentry, Chal&n 

Texas Highway Co~~~~lsalon 

Austin, Texas 

Dear Sir: 

a. part 0r zhe z syhteh 

&xl ooneidihtion or 

Caii@lreloner*e Court, aotlng elthor 

f or a dtiflned road dietriat, authorlead 

faion, 

o odntraot with the State Highway Coma&swhereby it agrees to relinquish and nrqive any 

iand all rights, pramit or rutrue, tbat'it or the 

road diatriot has or may rave to hate auOh bonded 

'indebtedness beooma eligible ior partioipatlon in 

,the County and Road Diafriot Highway Fund, in mnslderation of the direot benefits @Wing to the Conntr or 

road dlstriot by reason of the dleignatitin &xl 

maintermnoe of the road bjr the State Highway CommtaeiOn?S 
Honorable Brady Gentry, Chairman Page 2 

Articles 6674q-l-6674q-14 of Vernon*6 Annotated 

OiYil Statute6 are generally known a8 the Road Bond 

Asswnption Law. 

the 

As you are aware;the law provides for 

establishment and malntenanoe of a County and Road 

Dlsfriot Highway Fund to be administered by the Board of 

County and Road District Indebtedness therein provided. 

The purpose of this fund is to servioe and retire road 

Indebtedness of oountles and road dlatrlote eligible 

under the terms of the act. 

Section (a) of Artiole 0674qc7 provides in part: 

. 

-In addition to and regardless of the other pro- 

~lsiods of this AOt all bonds, warrants or other 

legal evidences or kdebtedness vote8 or Issued 

dthout being voted by a oounty, road'dlatriot or 

d@'ined.roaa dlstrlot prior to January 8, 1999~, In 

80 far ae amounts of same were or may'be iskued and 

the prooeede aotually, mended 

or ioada whioh are aar.a 

fn the oonatxuouo$~n 

t .,of the '.des~ 

It is elamoatarythat ootanty o~eeiwrew* courts, 

road dlstriOt, and. all other polltloal aubdwfsioafa Of the 

Stat6 are dependant entirely upon the 1egielatiVe word fn 

regard to %helr authority to maKe'~oontraots. shoe -the 

Leg%s~attare has pla&nly apokea to the oontxax+the~ can 

be no doubt that wither the S&way Departmeat, the Board 

oi County ana Road Distrlot fndebtedness, a oommls(lioners* 

.court, nor s road dlbtrio+ may bF ,oontraot or othenieo 

waive the right or eligible indebtedness to partloipate 
Hoao~able Brady Gentry, Chairman Page 8 

in th&Gounty and Road Distrlcit Highway Fund. To hold 

that &oh authority existed, would be tantamount to permlttlpg by o-ontraot aohange In the expressed latent of 

the Legislature. 

Eaoh of your questions is aooordingly answered in 

the ~tiegativa. 

Very truly your5, 

ATTOENZY GEHEEIAL OFTEXAS 

.BY /a/ . 

James D. Smullen 

Assistant 

APPRWlCDOPl3lIOlfC~ 

BY BWB OHAIRUW 

-...
Deutsche Mortgage & Asset Receiving Corporation
60 WALL ST
NEW YORK, New York 10005-2836





| | Re: | Annual Statement of Compliance for DBJPM 2016-C1 Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2016-C1
| | --- | -----------------------------------------------------------------------------------------------------------------------------





Per the Pooling and Servicing Agreement dated as of April 1, 2016 (the "Agreement"),
the undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as Certificate Administrator ("Wells Fargo"), hereby
certifies as follows as of and for the year ending December 31, 2016 (the "Reporting Period"):



(a)  A review of Wells Fargo's activities during the Reporting
Period and of its performance under the Agreement has been made under such officer's supervision; and



(b)  To the best of such officer's knowledge, based on such review,
Wells Fargo has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period.





February 27, 2017





































Wells Fargo Bank, N.A.
# L_2013237EN.01S00301.xml

| 5.9.2013 | EN | Official Journal of the European Union | L 237/s3 |
| --- | --- | --- | --- |

5.9.2013

EN

Official Journal of the European Union

L 237/s3

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NOTICE TO READERS

Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union

In accordance with Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union (OJ L 69, 13.3.2013, p. 1), as of 1 July 2013, only the electronic edition of the Official Journal shall be considered authentic and shall have legal effect.

Official Journal of the European Union

Where it is not possible to publish the electronic edition of the Official Journal due to unforeseen and exceptional circumstances, the printed edition shall be authentic and shall have legal effect in accordance with the terms and conditions set out in Article 3 of Regulation (EU) No 216/2013.

---
```

                                                                    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 Quarterly  Report of NYFIX,  Inc. (the "Company") on Form
10-Q for the  period  ending  June 30,  2003 as filed  with the  Securities  and
Exchange  Commission  on the date hereof  (the  "Report"),  I, Peter K.  Hansen,
Chairman,  President and Chief Executive Officer of the Company, hereby certify,
pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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
        Company.

/s/ Peter K. Hansen
----------------------------
Peter K. Hansen
Chairman, President and
Chief Executive Officer
August 14, 2003

This  certification  accompanies  this  Report  pursuant  to Section  906 of the
Sarbanes-Oxley  Act of 2002 and  shall not be deemed  filed by the  Company  for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
```
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-40215 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus VICENTE CABALLERO-RODRIGUEZ, also known as Antonio D. Toribio, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-99-CR-409-1

-------------------- October 19, 2000 Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM: * The federal public defender appointed to represent Vicente Caballero-Rodriguez has filed a motion to withdraw and a brief as required by Anders v. California , 386 U.S. 738 (1967). Caballero-Rodriguez has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue. Accordingly, counsel’s motion to withdraw is GRANTED. Counsel is excused from further responsibilitiesNo. 00-40215 - 2 - herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2.
Before the First Division,

April 10, 1951

No. 55444.

#### Continental Merchandise Co., Inc. *v.*United States,

protest 154548-K (New York).

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of aluminum statuettes and rosaries in glass containers similar in all material respects to those the subject of Abstract 54602, the items in question were held dutiable as follows: The statuettes at 45 percent under paragraph 397 as manufactures of metal; the rosaries, being valued at more than $1.25 per dozen, at 30 percent under the *eo nomine*provision therefor in paragraph 1544; and the glass containers at the same rate as their contents as the usual containers for the involved merchandise.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein, Justices

I, Larry S. Royster, 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.

 February 4, 2015

h0128

Order 

Clerk

February 4, 2015

149043

LINDA C. HODGE,

Plaintiff-Appellant,

v SC: 149043

COA: 308723

Wayne CC: 10-012109-AV

STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY,

Defendant-Appellee.

_____________________________________/

By order of September 26, 2014, this case was held in abeyance for Moody v 

Home Owners Ins Co (Docket Nos. 149041, 149046). On the Court’s own motion, we 

VACATE our abeyance order of September 26, 2014. On order of the Court, the 

application for leave to appeal the February 25, 2014 judgment of the Court of Appeals is 

again considered, and it is GRANTED, limited to the issues: (1) whether a district court 

is divested of subject-matter jurisdiction when a plaintiff alleges less than $25,000 in 

damages in his or her complaint, but seeks more than $25,000 in damages at trial, i.e., 

whether the “amount in controversy” exceeds $25,000 under such circumstances, see 

MCL 600.8301(1); and, if not, (2) whether such conduct nevertheless divests the district 

court of subject-matter jurisdiction on the basis that the amount alleged in the complaint 

was made fraudulently or in bad faith. See, e.g., Fix v Sissung, 83 Mich 561, 563 (1890).

Persons or groups interested in the determination of the issues presented in this 

case may move the Court for permission to file briefs amicus curiae.
III 

109TH CONGRESS 

2D SESSION S. RES. 554 

Authorizing the printing with illustrations of a document entitled ‘‘Committee 

on the Budget, United States Senate, 32nd Anniversary, 1974–2006’’. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2006 

Mr. GREGG (for himself and Mr. CONRAD) submitted the following resolution; 

which was considered and agreed to 

RESOLUTION 

Authorizing the printing with illustrations of a document 

entitled ‘‘Committee on the Budget, United States Senate, 32nd Anniversary, 1974–2006’’. 

1 Resolved, That there be printed with illustrations as 

2 a Senate document a compilation of materials entitled 

3 ‘‘Committee on the Budget, United States Senate, 32nd 

4 Anniversary, 1974–2006’’, and that, in addition to the 

5 usual number, there be printed not to exceed 500 copies 

6 of such document at a cost of not to exceed $1,200 for 

7 the use of the Committee on the Budget. 

Æ 


ccoleman on PROD1PC71 with BILLS
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen

Kurtis T. Wilder,

Justices

I, Larry S. Royster, 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.

October 31, 2017

s1023 

# Order

Clerk October 31, 2017

154129

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 154129

COA: 332308

Emmet CC: 15

- 004126

- FH

MICHAEL LAVERNE LYONS,

Defendant

- Appellant.

_________________________________________/

By order of April 4, 2017, the application for leave to appeal the June 1, 2016

order of the Court of Appeals was held in abeyance pending the decis ions in People v

Steanhouse (Docket No. 152849) and People v Masroor (Docket Nos. 152946

- 8). On

order of the Court, the cases having been decided on July 24, 2017, 500 Mich 453 (2017),

the application is again considered, and it is DENIED, because we are not persuaded that

the questions presented should be reviewed by this Court.
## F I F T H 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
Case No. 5D 23

- 2860 LT Case No. 2018

- CF

- 009646

- A

_____________________________
C URTIS E. P ENDERGRASS ,
Appellant,

v.

S TATE O F F LORIDA ,
Appellee.

_____________________________

3.8 0 0 appeal from the Circuit Court for Duval County

. Kevin A. Blazs , Judge

.
Curtis E. Pendergrass, Graceville , pro se

.
Ashley Moody, Attorney General, and Adam B. Wilson , Assistant Attorney General, Tallahassee , for Appellee.

January 26, 2024

P ER C URIAM

.

A FFIRMED

. See Fla. R. App. P. 9.315(a).

J AY and K ILBANE , JJ., concur

. M AKAR , J., concurs in result, with opinion.2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________3 Case No. 5D23

- 2860 LT Case No. 2018

- CF

- 009646

- A

M AKAR , J., concurring in result, with opinion.

I concur in affirmance but do not rely on the summary affirmance rule in doing so.
A97A0543.

#### AMERICAN MOTORISTS INSURANCE COMPANY v. NATIONAL UNION FIRE INSURANCE COMPANY.

(513 SE2d 520)

Decided March 4, 1999.

*E. Wycliffe Orr, Kristine E. Orr,*for appellant.

Pope, Presiding Judge.

The decision of the Court of Appeals in this case having been reversed by the Supreme Court, *Nat. Union Fire Ins. Co. v. American Motorists Ins. Co.,*269 Ga. 768 (504 SE2d 673) (1998), our decision in *American Motorists Ins. Co. v. Nat. Union Fire Ins. Co.,*227 Ga. App. 321 (489 SE2d 36) (1997), is hereby vacated, and the judgment of the Supreme Court is made the judgment of this Court.

*Judgment affirmed.*

*Johnson, C. J, and Blackburn, J., concur.*

*768
      *Goldner, Sommers, Scrudder & Bass, Glenn S. Bass, Benjamin D. Ladner,*for appellee.
#### Elizabeth Arden, Inc., et al. *v.*United States

No. 6743.

Entry Nos. 712067; 726342.

Invoices dated London, England, September 1944, etc.

Certified September 1944, etc.

Entered at New York, N. Y., November 15, 1944, etc..

(Decided January 10, 1947)

*Mary Behan*for the plaintiffs.

*Paul P. Boo,*Assistant Attorney General, for the defendant.

Modlison, Judge:

The appeals for reappraisement listed in schedule A, hereto attached and made a part hereof, have been submitted for decision upon ■the following stipulation of counsel for the parties hereto:

(Stipulation omitted.)

On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are the appraised values, less the additions made by the importers on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
EXHIBIT 32.1
                                                                    ------------


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

I, John C. Lawrence, President, and Chief Executive Officer of United States
Antimony Corporation (the "Company") do hereby 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:

This Quarterly Report on Form 10-Q of the Company for the fiscal quarter ended
September 30, 2008, as filed with the Securities and Exchange Commission (the
"report"), fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

The information contained in the report fairly presents, in all material
respects, the financial condition and results of operations of the Company.



/s/ John C. Lawrence                              Date: November 14, 2008
---------------------------                             --------------------
John C. Lawrence
President and Chief Executive Officer
# C_2017030EN.01000801.xml

| 30.1.2017 | EN | Official Journal of the European Union | C 30/8 |
| --- | --- | --- | --- |

30.1.2017

EN

Official Journal of the European Union

C 30/8

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Judgment of the Court (Sixth Chamber) of 23 November 2016 — European Commission v French Republic

(Case C-314/15) (1)

1

((Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Treatment of urban waste water - Article 4(1) and (3) - Secondary treatment or equivalent treatment))

(2017/C 030/07)

Language of the case: French

Parties

Parties

Applicant: European Commission (represented by: O. Beynet and E. Manhaeve, acting as Agents)

Applicant:

Defendant: French Republic (represented by: S. Ghiandoni, A. Daly and D. Colas)

Defendant:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to ensure secondary treatment or equivalent treatment for urban waste water from the agglomerations of Goyave, Bastelica, Morne-à-l’Eau, Aiguilles-Château-Ville Vieille, Borgo-Nord, Isola, Plombières-les-Bains, Saint-Céré, Vincey, Etueffont, Volx and Villeneuve, either for the entire amount of their discharges, in the case of agglomerations having a population equivalent of between 10 000 and 15 000, or for discharges into fresh water and estuaries, in the case of agglomerations having a population equivalent of between 2 000 and 10 000, the French Republic has failed to fulfil its obligations under Article 4(1) and (3) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment, as amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008; |
| --- | --- |

1.

Declares that, by failing to ensure secondary treatment or equivalent treatment for urban waste water from the agglomerations of Goyave, Bastelica, Morne-à-l’Eau, Aiguilles-Château-Ville Vieille, Borgo-Nord, Isola, Plombières-les-Bains, Saint-Céré, Vincey, Etueffont, Volx and Villeneuve, either for the entire amount of their discharges, in the case of agglomerations having a population equivalent of between 10 000 and 15 000, or for discharges into fresh water and estuaries, in the case of agglomerations having a population equivalent of between 2 000 and 10 000, the French Republic has failed to fulfil its obligations under Article 4(1) and (3) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment, as amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders the French Republic to pay the costs. |
| --- | --- |

3.

Orders the French Republic to pay the costs.

---

(1)  OJ C 294, 7.9.2015.

1

---
EXHIBIT 32.2
                                                                   ------------


                              UNITED-GUARDIAN, INC.
               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 of  United-Guardian,  Inc. (the
"Registrant") on Form 10-QSB for the quarter ending June 30, 2003, as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Kenneth H. Globus,  President  and Chief  Financial  Officer of the  Registrant,
hereby  certify,  pursuant to 18 U.S.C.  section  1350,  as adopted  pursuant to
section 906 of the Sarbanes-Oxley Act of 2002, that:

    (1) the 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  result  of  operations  of the
        Company.

November 11, 2003                         /s/ Kenneth H. Globus
                                          ---------------------------
                                          Kenneth H. Globus
                                          President and Chief Financial Officer