alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals **for the Fifth Circuit**

____________ No. 24-10095 Summary Calendar

____________ United States of America, Plaintiff—Appellee ,

versus Edwin Viera, Defendant—Appellant

.

______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:19-CR-353-1

______________________________ Before Jolly, Graves, and Oldham, Circuit Judges

. Per Curiam: * Edwin Viera, federal prisoner # 5953 4-177, appeals from the district court’s denial of his 18 U.S.C. § 35 82(c)(1)(A)(i) motion for compassionate release. We review the denial of Vier a’s motion for an abuse of discretion. See United States v. Chambliss , 948 F.3d 691, 693 (5th Cir. 2020).

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5. United States Court of Appeals Fifth Circuit 

### FILED September 5, 2024 Lyle W. Cayce Clerk Case: 24-10095 Document: 41-1 Page: 1 Date Filed: 09/05/2024No. 24-10095

2 In his pro se brief, Viera argues that there were extraordinary and compelling reasons for a reduction in his sentence because the district court, at his original sentencing, imposed “an incorrect statutory penalty” and selected a guidelines sentence that is un just and unfair. He contends that the sentencing error provides extraord inary and compelling reasons under U.S.S.G. § 1B1.13(b)(5), p.s., and that the district court erred in concluding otherwise.
Because Viera fails to show that th e purported error at his sentencing is “similar in gravity” to the considerations listed in § 1B1.13(b)(1)-(4), he has not demonstrated that the distri ct court abused its discretion in determining that he had not shown extraordinary and compelling reasons warranting a reduction in his sentence. See § 1B1.13(b)(5). Furthermore, “a prisoner cannot use § 3582(c) to challeng e the legality or the duration of his sentence.” United States v. Escajeda , 58 F.4th 184, 187 (5th Cir. 2023). Viera also argues that the district court erred by failing to consider whether the 18 U.S.C. § 3553(a) sent encing factors warrant a sentence reduction. However, gi ven its determination that Viera failed to show extraordinary and compelling reasons, th e district court was not required to consider the § 3553(a) factors. See United States v. Thompson , 984 F.3d 431, 433-35 (5th Cir. 2021). The district court’s decision is AFFIRMED. Case: 24-10095 Document: 41-1 Page: 2 Date Filed: 09/05/2024
Case No. 13,965.

#### THOMPSON v. LACY.

[1 Crunch, C. C. 79.] 1

Circuit Court, District of Columbia.

March Term, 1802.

Arkest — District of Columbia.

An inhabitant of Alexandria county may be arrested in Washington county without a non est in Alexandria county.

The defendant, being an inhabitant of Alexandria county was arrested in Washington county, no writ having issued against him in the former county.

Motion for a nonsuit, under the act of Maryland of 1796 (chapter 48) [1 Dorsey’s Laws, 334], Refused.
#### Gerhard & Hey Co., Inc., a/c The Comerford Gallery v. United States

No. 7436.

Invoice dated Bristol, England, September 9, 1943.

Entered at New York, N. Y., October 26, 1943.

Entry No. 712612.

(Decided November 14, 1947)

*Siegel, Mandell & Davidson*for the plaintiff.

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

Kincheloe, Judge:

This appeal for reappraisement has 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 importer on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
110TH CONGRESS 

2D SESSION H. CON. RES. 279 

CONCURRENT RESOLUTION 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That when the House adjourns on the legisla3 tive day of Wednesday, January 23, 2008, on a motion 

4 offered pursuant to this concurrent resolution by its Ma5 jority Leader or his designee, it stand adjourned until 2 

6 p.m. on Monday, January 28, 2008, or until the time of 

7 any reassembly pursuant to section 2 of this 
2 

•HCON 279 EH 

1 concurrent resolution, whichever occurs first; and that 

2 when the House adjourns on the legislative day of Tues3 day, January 29, 2008, on a motion offered pursuant to 

4 this concurrent resolution by its Majority Leader or his 

5 designee, it stand adjourned until 2 p.m. on Wednesday, 

6 February 6, 2008, or until the time of any reassembly pur7 suant to section 2 of this concurrent resolution, whichever 

8 occurs first. 

9 SEC. 2. The Speaker or her designee, after consulta10 tion with the Minority Leader, shall notify the Members 

11 of the House to reassemble at such place and time as she 

12 may designate if, in her opinion, the public interest shall 

13 warrant it. 

Passed the House of Representatives January 16, 

2008. 

Attest: 

Clerk. 

110TH CONGRESS 

2D SESSION H. CON. RES. 279 

CONCURRENT RESOLUTION 

Providing for a conditional adjournment of the 

House of Representatives.
Flint Creek Environmental Controls Costs

10/21/11 - Rev.4 $/Year $/Year
4.2 O&M

Variable $5.36 Aux Power $8.02 Fixed $4.73 Total O&M $18.11 Notes: A - Cost are in $MM WFGD
#### American Shipping Co. *v.*United States

No. 6415.

Entry No. 768645/1, etc.

Invoices dated Birmingham, England, May 14, 1941, etc.

Certified May 14, 1941, etc.

Entered at New York, N. Y., June 18, 1941, etc.

(Decided October 4, 1946)

*Strauss & Hedges (Hadley S. King*of counsel) for the plaintiff.

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

Olivee, Presiding 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 importer on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
#### UNITED STATES, Appellee v “C” DeWITT BAYES, Private First Class, U. S. Marine Corps, Appellant

11 USCMA 767, 29 CMR 583

No. 14,237

Decided August 5, 1960

*Lieutenant Leo F. O’Brien,*USN, was on the brief for Appellant, Accused.. *Lieutenant Martin Drobac,*USNR, was on the brief for Appellee, United States.

Opinion of the Court

PER Curiam:

The accused petitioned this Court for review of his conviction by a special court-martial. The record of trial' shows that as to specification 3, Charge-I, evidence that the accused refused to' *768make a pretrial statement in reliance on his rights under Article 31, Uniform Code of Military Justice, 10 USC § 831, was improperly admitted. United States v Kowert, 7 USCMA 678, 23 CMR 142. Accordingly, the petition for review is granted and the decision of the board of review as to specification 3, Chai'ge I, and the sentence is set aside. The record of trial is returned to the board of review for reconsideration. In its discretion it may dismiss specification 3, Charge I, and reassess the sentence on the basis of the remaining findings of guilty or order a rehearing on that specification and the sentence.
James

York

Cape Fear

Savannah

Yadkin

Catawba

Pee Dee

Santee

Broad

Wateree

Congaree Saluda

Dan Haw

Roanoke

Neuse

Watauga South Branch Holston

ALBEMARLE SOUND

PAMLICO SOUND

CHESA

PEAKE

BAY

ATLANTIC

OCEAN

Cape Charles

Cape Henry

Cape 

Hatteras

Cape Lookout

Cape Fear

Tybee Island

Sycamore Shoals

B L U E

R I D G E

A P P A L A C H I A N

M O U N T A I N S

New Bern

Richmond

Charleston

Mar 29-May 12 1780

Savannah Dec 29 1778;

Sept 16-Oct 9 1779 

Stono Ferry

Boyd’s Ferry

Fort Sullivan/Fort Moultrie

Fort Watson

Ramsey’s

Mill

VIRGINIA

NORTH CAROLINA

SOUTH

CAROLINA

GEORGIA

EAST

FLORIDA

Ninety Six

May 22-

June 19 1781

Augusta

May 22-June 5 1781

Norfolk Portsmouth May 10 1779 May 10 1779

Petersburg

Apr 25 1781

Camden

Winnsborough

Charlotte

Salisbury

Gilbert Town

Quaker Meadows

Salem

Hillsborough

Halifax

Edenton

Guilford

Court House Mar 15 1781

Wilmington

Georgetown

Sunbury

Brunswick

Monck’s Corner

Apr 14 1780

Cheraw Hill

Williamsburg

Kettle Creek

Feb 14 1779

Lenud’s Ferry

May 6 1780

Great Savannah Aug 20 1780

Fishing

Creek

Aug 18

1780

Fishdam Ford Nov 9 1780

Blackstocks Nov 20 1780

Musgrove’s Mill

Aug 18 1780

Hammond’s Store

Dec 28 1780

Eutaw Springs Sept 8 1781

Hobkirk’s Hill

Apr 25 1781

Camden

Aug 16 1780

Brier Creek Mar 3 1779

Hanging Rock

Aug 6 1780

Waxhaws

May 29 1780

Kings Mountain

Oct 7 1780 Cowpens

Jan 17 1781

Williamson’s Plantation

July 12 1780

Ramsour’s Mill June 20 1780

Rocky Mount

Aug 1 1780

Wetzell’s Mill

Mar 6 1781

Haw River

Feb 25 1781

Fort Motte

May 12 1781

Colonial capital 1775 colonial

boundary

Modern boundary

(included for

reference only)

Selected colonial

roads

Map Legend

0

0

50 Miles

50 Kilometers

North

1778-1781
H. Con. Res. 311 Agreed to June 5, 2008 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

Concurrent Resolution 

Resolved by the House of Representatives (the Senate concurring), 

SECTION 1. AUTHORIZATION OF SOAP BOX DERBY RACES ON CAPITOL 

GROUNDS. 

The Greater Washington Soap Box Derby Association (in this 

resolution referred to as the ‘‘Association’’) shall be permitted to 

sponsor a public event, soap box derby races, on the Capitol Grounds 

on June 21, 2008, or on such other date as the Speaker of the 

House of Representatives and the Committee on Rules and Administration of the Senate may jointly designate. 

SEC. 2. CONDITIONS. 

The event to be carried out under this resolution shall be 

free of admission charge to the public and arranged not to interfere 

with the needs of Congress, under conditions to be prescribed by 

the Architect of the Capitol and the Capitol Police Board; except 

that the Association shall assume full responsibility for all expenses 

and liabilities incident to all activities associated with the event. 

SEC. 3. STRUCTURES AND EQUIPMENT. 

For the purposes of this resolution, the Association is authorized 

to erect upon the Capitol Grounds, subject to the approval of the 

Architect of the Capitol, such stage, sound amplification devices, 

and other related structures and equipment as may be required 

for the event to be carried out under this resolution. 

SEC. 4. ADDITIONAL ARRANGEMENTS. 

The Architect of the Capitol and the Capitol Police Board 

are authorized to make any such additional arrangements that 

may be required to carry out the event under this resolution. 

SEC. 5. ENFORCEMENT OF RESTRICTIONS. 

The Capitol Police Board shall provide for enforcement of the 

restrictions contained in section 5104(c) of title 40, United States 

Code, concerning sales, advertisements, displays, and solicitations 

on the Capitol Grounds, as well as other restrictions applicable 
H. Con. Res. 311—2 

to the Capitol Grounds, with respect to the event to be carried 

out under this resolution. 

Attest: 

Clerk of the House of Representatives. 

Attest: 

Secretary of the Senate.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 443 Agreed to Senate (ATS)]

109th CONGRESS
  2d Session
S. RES. 443

  Relative to the death of Francis R. Valeo, former Secretary of the 
                                Senate.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2006

     Mr. Frist (for himself and Mr. Reid) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
  Relative to the death of Francis R. Valeo, former Secretary of the 
                                Senate.

Whereas Francis R. (Frank) Valeo served with distinction as chief of the Foreign 
        Affairs Division of the Legislative Reference Service and specialist in 
        the Far East, before beginning his service to the United States Senate 
        in 1952 on the staff of the Committee on Foreign Relations;
Whereas Frank Valeo in 1958 became foreign policy advisor and assistant to the 
        Majority Whip, Senator Mike Mansfield, and then served as Majority 
        Secretary from 1963 to 1966;
Whereas Frank Valeo served as Secretary of the Senate from 1966 to 1977;
Whereas Frank Valeo accompanied many United States Senators on missions to all 
        parts of the globe, assisted the Majority Leader in regularly reporting 
        on conditions in Southeast Asia, and was part of the first congressional 
        delegation to visit the People's Republic of China in 1972;
Whereas Frank Valeo represented the United States Senate on the Federal Election 
        Commission from 1974 to 1977, and in that role participated in the 1976 
        landmark Supreme Court decision of Buckley v. Valeo;
Whereas Frank Valeo helped to modernize and set professional standards for 
        service in the diverse offices that report to the Secretary of the 
        Senate, and served as a member of the Commission on the Operation of the 
        Senate, from 1975 to 1976, where he helped craft its proposals for 
        structural and technological reforms in Senate operations;
Whereas Frank Valeo faithfully discharged the difficult duties and 
        responsibilities of a wide variety of important and demanding positions 
        in public life with honesty, integrity, loyalty, and humanity; and
Whereas Frank Valeo's clear understanding and appreciation of the challenges 
        facing the Nation have left his mark on those many areas of public life: 
        Now, therefore, be it
    Resolved, That (a) the Senate has heard with profound sorrow and 
deep regret the announcement of the death of Frank Valeo.
     (b) The Secretary of the Senate shall communicate these 
resolutions to the House of Representatives and transmit an enrolled 
copy thereof to the family of the deceased.
    (c) When the Senate adjourns today, it shall stand adjourned as a 
further mark of respect to the memory of Frank Valeo.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND THE CONSOLIDATED STATEMENTS OF INCOME, CASH
FLOWS AND CAPITALIZATION AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      297,932
<OTHER-PROPERTY-AND-INVEST>                     54,812
<TOTAL-CURRENT-ASSETS>                          77,924
<TOTAL-DEFERRED-CHARGES>                        27,030
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                 457,698
<COMMON>                                       107,091
<CAPITAL-SURPLUS-PAID-IN>                       22,462
<RETAINED-EARNINGS>                             20,866
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 150,419
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                           157,492
<SHORT-TERM-NOTES>                              40,900
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                    5,424
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 103,463
<TOT-CAPITALIZATION-AND-LIAB>                  457,698
<GROSS-OPERATING-REVENUE>                      245,360
<INCOME-TAX-EXPENSE>                             2,612
<OTHER-OPERATING-EXPENSES>                     227,006
<TOTAL-OPERATING-EXPENSES>                     229,618
<OPERATING-INCOME-LOSS>                         15,742
<OTHER-INCOME-NET>                               3,039
<INCOME-BEFORE-INTEREST-EXPEN>                  18,781
<TOTAL-INTEREST-EXPENSE>                        10,842
<NET-INCOME>                                     7,939
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                    7,939
<COMMON-STOCK-DIVIDENDS>                         9,881
<TOTAL-INTEREST-ON-BONDS>                        8,587
<CASH-FLOW-OPERATIONS>                          35,359
<EPS-PRIMARY>                                      .61
<EPS-DILUTED>                                      .61
        

</TABLE>
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 Trinity Learning Corporation (the "Company")
Quarterly Report on Form 10-QSB for the period ended March 31, 2006 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Richard J. Marino, 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 and Exchange Act of 1934, as amended;
          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: May 22, 2006

/S/ DENNIS J. CAGAN
----------------------------
    Dennis J. Cagan
    Chief Executive Officer






     A signed original of this written statement required by Section 906
     has been provided to Trinity Learning Corporation and will be retained
     by it and furnished to the Securities and Exchange Commission or its
     staff upon request.
<PAGE>
                               VARLEN CORPORATION
                               55 Shuman Boulevard
                              Naperville, IL 60566

                                                May 14, 1999

Mr. Ray Jean
1815 N. Pond Lane
Lake Forest, Ill. 60045

Dear Ray:

      This letter is written in reference to your participation in the Varlen
Corporation Supplemental Executive Retirement Plan ("SERP"). Varlen Corporation
(the "Company") hereby agrees that, notwithstanding anything to the contrary in
Section 12.9 of the SERP: (a) if the Internal Revenue Service makes a final
determination that any amount paid to you under the SERP constituted a
"parachute payment" as defined in Section 280G of the Internal Revenue Code
("Code") and the regulations thereunder, you will not be required to repay such
amount to the Company or the SERP by reason of such determination; and (b) the
Company will reimburse you for any amounts you are required to pay pursuant to
Section 4999 of the Code as a result of any payments made to you pursuant to the
SERP.

                                          Very truly yours,

                                          VARLEN CORPORATION


                                          By: /s/ Greg A. Rosenbaum
                                             ---------------------------
Agreed to:


/s/ R. A. Jean       May 14, 1999
-------------------
Raymond Jean
EXHIBIT 32.2
                                                                    ------------


                         CERTIFICATION UNDER SECTION 906
                                     OF THE
                           SARBANES-OXLEY ACT OF 2002


In connection with the quarterly report on Form 10-Q of Unico American
Corporation (the "Company") for the period ended March 31, 2007, as filed with
the Securities and Exchange Commission (the "Report"), I, Lester A. Aaron, Chief
Financial 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, 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, as amended; 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/  Lester A. Aaron
                    --------------------
           Name:    Lester A. Aaron
           Title:   Treasurer and Chief Financial Officer
           Date:    May 11, 2007




A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Unico American Corporation, and
will be retained by Unico American Corporation, and furnished to the Securities
and Exchange Commission or its staff upon request.
|WELLS
    FARGO(logo) | Corporate
                                                       Trust Services
                                                       MAC R1204-010
                                                       9062 Old Annapolis Road
                                                       Columbia, MD 21045
                                                       Tel: 410 884 2000
                                                       Fax: 410 715 2380
|--------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



CCRE Commercial Mortgage Securities,
L.P.

110 E 59TH ST

NEW YORK, New York 10022-1304



|Re: |  | Annual Statement of Compliance for CFCRE 2016-C3 Mortgage Trust Commercial Mortgage Pass-Through Certificates,
Series 2016-C3
|--- |  | -----------------------------------------------------------------------------------------------------------------------------



Per the Pooling and Servicing Agreement
dated as of January 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



|/s/
    BRIAN SMITH | 
|------------------- | 
|BRIAN
    SMITH     | 
|Vice
    President  | 



|Wells
    Fargo Bank, N.A. | Together
    we’ll go far
|-------------------------- | -------------------------