alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Alexander Frank HENEFIELD, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Alexander Henefield, Defendant-Appellant.

Nos. 04-50832, 04-50844.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Aug. 5, 2005.

*587Diane D. Kirstein, Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Bowen W. Sutton, Law Offices of Bowen W. Sutton, San Antonio, TX, for Defendant-Appellant.

Before SMITH, GARZA, and PRADO, Circuit Judges.

PER CURIAM: *

Alexander Frank Henefield pleaded guilty to conspiracy to manufacture and distribute methamphetamine and to possession with intent to distribute marijuana. In anticipation that the Supreme Court might hold that the United States Sentencing Guidelines were invalid under *Blakely v. Washington,*542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the district court imposed alternative sentences: one sentence under the Sentencing Guidelines and a second, discretionary sentence to take effect if the Sentencing Guidelines were invalidated. The government concedes that under the Supreme Court’s decision in *United States v. Booker,*— U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), Henefield’s sentence “was not harmless error” because the district court would have imposed a lesser sentence under an advisory Sentencing Guideline scheme. Accordingly, we vacate Henefield’s sentence and remand the case for resentencing. *See United States v. Mares,*402 F.3d 511 (5th Cir.), *petition for cert. filed*(Mar. 31, 2005) (No. 04-9517).

The record provides no support for Henefield’s argument that his guilty plea was not knowing and voluntary. *See United States v. Johnson,*1 F.3d 296, 302-03 (5th Cir.1993) (en banc). Henefield’s argument that the district court erred by refusing to allow him to withdraw his plea is frivolous as Henefield did not make such a request in the district court.

AFFIRMED; SENTENCE VACATED AND REMANDED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
| (logo) WELLS

           FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334

 

  |
|----------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------|

 

**ANNUAL STATEMENT OFCOMPLIANCE**

** **

** **

Reference is herebymade to that certain Pooling and Servicing Agreement dated as of July 1, 2016,by and among J.P. Morgan Chase Commercial Mortgage Securities Corp., asDepositor, Wells Fargo Bank, National Association, as Master Servicer, LNRPartners, LLC, as Special Servicer, Wells Fargo Bank, National Association, asCertificate Administrator, Wilmington Trust, National Association, as Trustee,and Pentalpha Surveillance LLC, as Operating Advisor and as AssetRepresentations Reviewer, with respect to Commercial Mortgage Pass-ThroughCertificates Series 2016-JP2 (the "Agreement"). Capitalized termsused herein not otherwise defined shall have the meanings assigned in theAgreement.

 

Pursuant to Section11.09 of this Agreement, I, Leslie Hayton, Managing Director of CommercialMortgage Services do hereby certify that:

 

1.           A review of the activities of the Master Servicer during the period fromJanuary 1, 2018 through December 31, 2018 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision, and

 

2.           To the best of my knowledge, based on such review, the Master Servicer hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

 

IN WITNESS WHEREOF,the undersigned has executed this Certificate as of the 28th day ofFebruary 2019.

 

 

/s/Leslie Hayton

Leslie Hayton 

Managing Director

Wells Fargo Bank

 

 

| Wells Fargo Bank,  N.A. | (logo) Together  we’ll go far |
|-------------------------|-------------------------------------|
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| 5.2.2018 | EN | Official Journal of the European Union | C 42/12 |
| --- | --- | --- | --- |

5.2.2018

EN

Official Journal of the European Union

C 42/12

---

Judgment of the General Court of 13 December 2017 — Greece v Commission

(Case T-314/15) (1)

1

((State aid - Aid in favour of an undertaking which has concluded a concession to operate container terminals in the Port of Piraeus - Decision declaring the aid to be incompatible with the internal market - Right of defence - Duty to give reasons - Concept of State aid - Aid to facilitate the development of certain economic activities or of certain economic areas - Incentive effect of the aid - Necessity of the aid - Determination of the amount of aid))

(2018/C 042/16)

Language of the case: Greek

Parties

Parties

Applicant: Hellenic Republic (represented by: K. Boskovits and L. Kotroni, acting as Agents)

Applicant:

Defendant: European Commission (represented by: A. Bouchagiar and B. Stromsky, agents acting as Agents)

Defendant:

Re:

Re:

Action under Article 263 TFEU for the annulment of Commission Decision (EU) 2015/1827 of 23 March 2015, in relation to the State aid SA.28876 (12/C) (ex CP 202/2009) which Greece granted to the undertakings Piraeus Container Terminal SA and Cosco Pacific Ltd (OJ 2015 L 269, p. 93)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the Hellenic Republic to pay the costs. |
| --- | --- |

2.

Orders the Hellenic Republic to pay the costs.

---

(1)  OJ C 279, 24.8.2015.

1

---
(Reap. Dec. 9399)

#### Richbarry Import Co., Inc. *v.*United States

Entry No. DE 5852, etc.

(Decided April 21, 1959)

Plaintiff not represented by counsel.

*George Goohrcm Doul),*Assistant Attorney General, for the defendant.

Lawrence, Judge:

The records indicate that there was no appearance on behalf of plaintiff when the appeals for a reappraisement enumerated on the schedule attached to and made part of this decision were called for hearing, and the cases were consequently ordered submitted by the court.

Rule 5(a) of the rules of the court provides that—

> The submission for decision of any case shall be made in open court by the parties thereto or their attorneys, or by stipulation, or by written request to the court, or by the court on its own motion. Where the plaintiff, petitioner, or appellant, or his attorney, in a case does not appear when the same is called, and after the opposite party has had opportunity to present evidence on the issues, it may be deemed submitted and may be decided by the court on the record as it appears therein.

Accordingly, I have examined the records in the appeals before the court and find nothing therein which tends in any way to overcome the presumption of correctness which attaches to the decision of the appraiser. I find and hold, therefore, that the proper values of the merchandise are the values returned by the appraiser.

Judgment will be entered accordingly.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 40951 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
NOE FERMIN

- SANCHEZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:13

- CR

- 604

- 1

Before WIENER, OWEN, and HAYNES, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Noe Fermin

Sanchez has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Fermin

- Sanchez h a s not filed a re sponse. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 21, 2014 Lyle W. Cayce Clerk Case: 13-40951 Document: 00512602974 Page: 1 Date Filed: 04/21/2014No. 13

- 40951

nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave
to withd raw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2.

2 Case: 13-40951 Document: 00512602974 Page: 2 Date Filed: 04/21/2014
Before the Third Division,

March 17, 1943

No. 48110.

#### Protests 971474-G, etc., of B. Shackman & Co. (New York).

Opinion by

Ekwall, J.

Following *Schmidt*v. *United States*(9 Cust. Ct. 188, C. D. 690) it was held that countervailing duty under section 303 is not applicable to the merchandise covered by stipulation of counsel.
Before the Third Division,

May 7, 1952

No. 56642.

petition 6697-B. (New Orleans).

#### Margaret M. Gomez, Administratrix of the Estate of M. N. Gomez *v.*United States,

Opinion by

Ekwall, J.

The petition was dismissed.
## E.O. 12866 Meeting on EPA's Greenhouse Gas New Source **Performance Standard for Electric Generating Units Rule Tue 02/07/2012**  1:00 PM - 1:30 PM Attendance is for RobertJ Wayland Chair: **Mabel_E._Echols@omb.eop.gov** Location: 10103 NEOB (202 - 395 - 6392; code 3862485) This entry has an alarm. The alarm will go off b efore the entry starts.

Required: Kevin_F._Neyland@omb.eop.gov, Dominic_J._Mancini@omb.eop.gov, Nathan_J._Frey@omb.eop.gov,

Manisha_D_Patel@ceq.eop.gov, Michael_C._Clark@omb.eop.gov, John_S._MacNeil@omb.eop.gov, Kevin Culligan/DC/USEPA/US, Peter Tsirigotis/RTP/USEPA/US, Sarah Rees/DC/USEPA/US, Jeffrey_G_Weiss@omb.eop.gov, Cortney_Higgins@omb.eop.gov, Darian_E_Ghorbi@omb.eop.gov, Glenn_D_Sheriff@ceq.eop.gov, Andrew_J_McConville@ceq.eop.gov, Monisha_R_Shah@ceq.eop.gov, Jesse_M_McCormick@ceq.eop.gov, Nathaniel_O_Keohane@who.eop.gov, Bruce_D_Ro dan@ostp.eop.gov, Robert_C_Johansson@cea.eop.gov, Jason_E._Bordoff@ceq.eop.gov, wayland.robertj@epa.gov, RobertJ Wayland/RTP/USEPA/US 

### This meeting was requested by Michael McKenna, MW R Strategies. Call - in number: 2 02 - 395 - 6392; code 3862485.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 1625

In re: MICHAEL RANKINS , Petitioner.

On Petition for Writ of Mandamus

. ( 2:14

- cr - 00003

- FL

- 1 ; 2:20

- cv - 00017

- FL )

Submitted : October 22, 2020 Decided: October 26, 2020

Before WYNN, FLOYD, and THACKER , Circuit Judges.

Petition denied by un published per curiam opinion

.

Michael Rankins , Petitioner Pro Se

. Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Michael Rankins petitions for a writ of mandamus seeking an order directing the United States to file a response to his pending 28 U.S.C. § 2255 motion and an order from this court vacating his conviction and dismissing the underlying indictment

. We concl ude that Rankins is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Cheney v. U.S. Dist. Ct. , 542 U.S. 367, 380 (2004) ; In re Murphy

- Brown,
LLC , 907 F.3d 788, 795 (4th Cir. 2018) . Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. Murphy

- Brown , 907 F.3d at 795.
Because t he relief sought by Rankins is not available by way of mandamus , and the record reflects that the United Sta tes has, in fact, filed its response to Rankins’ § 2255 motion, we deny the petition s for a writ of mandamus. We deny as moot Rankins’ motion for a response from this court to his mandamus petition and we dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
PETITION DENIED
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 596 Agreed to Senate (ATS)]

109th CONGRESS
  2d Session
S. RES. 596

   Designating Tuesday, October 10, 2006, as ``National Firefighter 
   Appreciation Day'' to honor and celebrate the firefighters of the 
                             United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 29), 2006

Mr. Inhofe (for himself, Ms. Snowe, Mr. Pryor, Mr. Santorum, Mr. Kerry, 
    and Mr. Menendez) submitted the following resolution; which was 
               referred to the Committee on the Judiciary

                           November 16, 2006

             Committee discharged; considered and agreed to

_______________________________________________________________________

                               RESOLUTION

   Designating Tuesday, October 10, 2006, as ``National Firefighter 
   Appreciation Day'' to honor and celebrate the firefighters of the 
                             United States.

Whereas there are more than 1,100,000 firefighters in the United States;
Whereas approximately 75 percent of all firefighters in the United States are 
        volunteers who receive little or no compensation for their heroic work;
Whereas there are more than 30,000 fire departments in the United States;
Whereas thousands of firefighters have died in the line of duty since the date 
        that Benjamin Franklin founded the first volunteer fire department in 
        1735;
Whereas 346 firefighters and emergency personnel died while responding to the 
        terrorist attacks that occurred on September 11, 2001;
Whereas firefighters respond to more than 20,000,000 calls during a typical 
        year;
Whereas firefighters also provide emergency medical services, hazardous 
        materials response, special rescue response, terrorism response, and 
        life safety education;
Whereas, in 1922, President Harding declared the week of October 9 to be ``Fire 
        Prevention Week''; and
Whereas the second Tuesday in October is an appropriate day for the 
        establishment of a ``National Firefighter Appreciation Day'': Now, 
        therefore, be it
    Resolved, That the Senate designates Tuesday, October 10, 2006, as 
``National Firefighter Appreciation Day'' to honor and celebrate the 
firefighters of the United States.
                                 <all>
```
| (logo) WELLS FARGO | **CMBS Department**

 

MAC N9401-011

1055 10th Avenue SE

Minneapolis, MN 55414 |
|--------------------|----------------------------------------------------------------------------------------|

 

 

Morgan Stanley Capital I Inc. 

1585 BROADWAY

NEW YORK, New York 10036-8200

 

RE: Annual Statement ofCompliance for Morgan Stanley Capital I Trust 2016-PSQ Commercial MortgagePass-Through Certificates, Series 2016-PSQ

 

Per the Trust and Servicing Agreementdated as of February 1, 2016 (the "Agreement"), the undersigned, aduly authorized officer of Wells Fargo Bank, N.A., as Custodian ("WellsFargo"), hereby certifies as follows as of and for the year endingDecember 31, 2016 (the "Reporting Period"):

 

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

 

(b) To the best of such officer'sknowledge, based on such review, Wells Fargo has fulfilled all of itsobligations under the Agreement in all material respects throughout theReporting Period.

 

 

February 27, 2017

 

/s/ Gail Vannest

GAIL VANNEST

Vice President

 

 

Wells Fargo Bank, N.A.
* 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. 95-31174 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus KELVIN D. MCMANUS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana

USDC No. CR-95-60-B

- - - - - - - - - - July 14, 1997 Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM: * Kelvin D. McManus appeals from his conviction and sentence for conspiracy to possess with intent to distribute and to distribute cocaine base, possession with intent to distribute cocaine base, and using and carrying a firearm in relation to a drug-trafficking crime. He argues that the factual basis was inadequate to support his guilty-plea conviction for using and carrying a firearm in relation to a drug-trafficking crime inNo. 95-31174 - 2 - light of the Supreme Court’s decision in Bailey v. United States , 116 S. Ct. 501 (1995), and that the district court erred by finding that he was not entitled to a reduction in his offense level pursuant to U.S.S.G. § 3B1.2 for being a minor participant. Because McManus displayed the weapon to the CI while they were driving to the drug transaction, the factual basis was adequate to support McManus’s conviction for using a firearm during and in relation to a drug-trafficking offense. See United States v. Hall , 110 F.3d 1155, 1160-61 (5th Cir. 1997) (gun must be disclosed or mentioned by the offender to be actively employed). Further, given the testimony by Agent Rollins at the sentencing hearing and the information contained in the PSR, the districtcourt did not clearly err by refusing to grant McManus a twolevel reduction for his minor role in the offense pursuant to § 3B1.2. Accordingly, the judgment of the district court is
AFFIRMED.
III 

110TH CONGRESS 

1ST SESSION H. CON. RES. 254 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 18, 2007 

Received 

DECEMBER 19, 2007 

Referred to the Committee on the Judiciary 

CONCURRENT RESOLUTION 

Recognizing and celebrating the centennial of Oklahoma 

statehood. 

Whereas on November 16, 1907, Oklahoma officially became 

the 46th State of the Union; 

Whereas prior to becoming a State, Oklahoma was designated 

as Indian Territory, providing a vibrant history and culture that continues to enrich the lives of its citizens; 


bajohnson on PROD1PC69 with BILLS
2 

HCON 254 RFS 

Whereas the State of Oklahoma was shaped by those adventurous and daring individuals who embraced the spirit of 

this great Nation as they opened the frontier of the 

American West; 

Whereas generations of proud people from all backgrounds 

have called Oklahoma their home and have contributed to 

its spirited history; 

Whereas these hearty and resilient people have defined what 

has come to be known as the spirit of Oklahoma through 

their strength, character, and persistent strides toward a 

bright future; 

Whereas the continued strength, initiative, and pursuit of excellence displayed by the citizens of the State of Oklahoma have produced its vibrant economy and secured it 

as a place of opportunity and progress now and for future generations; 

Whereas the solid foundation of family and community embraced by the citizens of Oklahoma has been a constant 

guide and source of strength to those citizens throughout 

its history and will remain so long into its future; 

Whereas the natural beauty and abundant resources of the 

State of Oklahoma support a quality of life for its citizens that is unsurpassed; and 

Whereas on November 16, 2007, the State of Oklahoma will 

begin a new century of statehood: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That the Congress recognizes and celebrates 

3 the centennial of Oklahoma statehood and wishes its peoVerDate Aug 31 2005 01:39 Dec 21, 2007 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HC254.RFS HC254

bajohnson on PROD1PC69 with BILLS
3 

HCON 254 RFS 

1 ple another hundred years of continued growth, pros2 perity, and achievement. 

Passed the House of Representatives December 17, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


bajohnson on PROD1PC69 with BILLS
From:       Teresa Clemons/RTP/USEPA/US                                                                                      
                                                                                                                               
  To:         dougherty.joseph-j@epa.gov, rush.alan@epa.gov, Mary Henigin/DC/USEPA/US@EPA                                      
                                                                                                                               
  Cc:         Penny Lassiter/RTP/USEPA/US@EPA, Jodi Howard/RTP/USEPA/US@EPA, thompson.fred@epa.gov, Steve                      
              Fruh/RTP/USEPA/US@EPA, eck.janet@epa.gov                                                                         
                                                                                                                               
  Date:       03/29/2011 11:27 AM                                                                                              
                                                                                                                               
  Subject:    REVISED PVC Package for OMB                                                                                      
                                                                                                                               




(See attached file: E.O. 12866 PVC Proposed Rule 20110329.doc)


THANKS!
Teresa Clemons
Sector Policies and Programs Division, IO
919-541-0252
919-685-3157 (Fax)