alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lee Harris McCLENDON, Appellant, v. STATE of Florida, Appellee.

No. 72-920.

District Court of Appeal of Florida, Second District.

Feb. 20, 1974.

*78James A. Gardner, Public Defender, and W. Daniel Kearney, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth, Asst. Atty. Gen., Tampa, for appellee.

HOBSON, Acting Chief Judge.

Lee Harris McClendon was adjudged guilty of uttering a forged instrument in violation of F.S. § 831.02 F.S.A., based upon a jury verdict.

On appeal McClendon contends that the trial judge should have granted his motion for directed verdict on the ground that the evidence was insufficient to prove the offense charged.

The State’s evidence established that McClendon cashed a check drawn on Gulf Coast Cut-N-Sew, Inc., payable to David Peques, after endorsing the same as “Da,vid Peques” in the presence of the witness. There was no testimony, however, that the check was false or forged or that McClen-don knew that the check was forged. Neither was there any evidence that McClendon did not have authority to sign the name of David Peques, or that David Peques was a fictitious name.

One of the essential elements of the crime of uttering a forged instrument is that the instrument uttered is forged. Maura v. State, Fla.App.3d, 1965, 181 So. 2d 231; Forbes v. State, Fla.App.3d, 210 So.2d 246. The offense consists of the knowledge on the part of the accused that the instrument is false and the intent to injure or defraud another. Clark v. State, Fla.App.lst, 1959, 114 So.2d 197; Rapp v. State, Fla.App.4th 1973, 274 So.2d 18. The endorsement of a check may also be the subject of forgery, and the offense may exist even though the name used is an assumed or fictitious name, when it is shown that the assumed or fictitious name was used with intent to defraud. Green v. State, Fla. 1954, 76 So.2d 645; Cf. Rapp v. State, *supra.*

Unfortunately for the State, it had intended to prove some of the essential elements of the crime by presenting as a witness the former manager of the defunct Gulf Coast Cut-N-Sew, Inc., but was prevented from doing so because the witness had remained in the courtroom during the trial after the exclusionary rule had been invoked.

There was no evidence presented by the State to show that McClendon intended the signature of the assumed name to be taken as the genuine signature of another person; State v. Rapp, Fla.1973, 281 So.2d 193, and therefore the lower court erred in not granting McClendon’s motion for a directed verdict.

In view of our holding, we do not reach the other grounds of appeal.

The judgment appealed is, thereupon,

Reversed.

McNULTY and BOARDMAN, JJ„ concur.
[Federal Register Volume 62, Number 226 (Monday, November 24, 1997)]
[Notices]
[Pages 62646-62647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30765]


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

NATIONAL CREDIT UNION ADMINISTRATION


Information Collection; Comment Request for Reinstatement

DATES: November 24, 1997.
    The National Credit Union Administration (NCUA) intends to submit 
the following public information collection request to the Office of 
Management and Budget (OMB) for review and reinstatement under the 
Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). 
This information collection is published to obtain comments from the 
public. Public comments are encouraged and will be accepted until 
January 23, 1998.
    Copies of the information collection request, with applicable 
supporting documentation, may be obtained by calling the NCUA Clearance 
Officer, Betty May, (703-518-6414). Comments and/or suggestions 
regarding the information collection request should be directed to Mrs. 
May at the National Credit Union Administration, 1775 Duke Street, 
Alexandria, Virginia 22314-3428; Fax No. 703-518-6433; e-mail address: 
<a href="/cdn-cgi/l/email-protection#34565140404d59745a5741551a535b42"><span class="__cf_email__" data-cfemail="e2808796969b8fa28c819783cc858d94">[email protected]</span></a> within 60 days from the date of this publication in the 
Federal Register.
    OMB Number: 3133-0015.
    Form Number: 4000, 4001, 4008, 4012, 4015, 4016, 4401, 9500, 9600.
    Type of Review: Reinstatement, without change, of a previously 
approved collection for which approval has expired.
    Title: Federal Credit Union Charter Application and Field of 
Membership Amendments.
    Description: The Federal Credit Union Act sets forth the 
requirements for establishing a credit union based on a type of field 
of membership. The data collection is necessary to determine that the 
application for the charter/amendment is in compliance with the FCU 
Act. Respondents are credit union officials or applicants for credit 
union charters.
    Respondents:
    Estimated No. of Respondents/Recordkeepers: 5725.
    Estimated Burden Hours Per Response: 3.6.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden Hours: 20,303.

[[Page 62647]]

    Estimated Total Annual Cost: N/A.

    By the National Credit Union Administration Board on November 
14, 1997.
Becky Baker,
Secretary of the Board.
[FR Doc. 97-30765 Filed 11-21-97; 8:45 am]
BILLING CODE 7535-01-U


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#### Ex parte Jimmy ARD.

77-471.

Supreme Court of Alabama.

May 26, 1978.

BEATTY, Justice.

WRIT DENIED.

TORBERT, C. J., and MADDOX, JONES and SHORES, JJ., concur.
[Federal Register Volume 62, Number 222 (Tuesday, November 18, 1997)]
[Notices]
[Page 61578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30213]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Aviation Rulemaking Advisory Committee; Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: The FAA is issuing this notice to advise the public of a 
meeting of the Federal Aviation Administration Aviation Rulemaking 
Advisory Committee to discuss air traffic issues.

DATES: The meeting will be held on December 8, 1997, at 10:00 a.m.

ADDRESSES: The meeting will be held at the Air Traffic Control 
Association Headquarters, 2300 Clarendon Blvd., Suite 711, Arlington, 
VA.

FOR FURTHER INFORMATION CONTACT: Ms. Heather Thorson, Transportation 
Regulations Analyst, Airmen and Airspace Rules Division, Office of 
Rulemaking (ARM-107), 800 Independence Avenue, SW, Washington, DC 
20591. Telephone: (202) 267-7470; FAX: (202) 267-5075.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal 
Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. App. II), notice is 
hereby given of a meeting of the Aviation Rulemaking Advisory 
Committee. This meeting will be held on December 8, 1997, at 10:00 
a.m., at the Air Traffic Control Association Headquarters, 2300 
Clarendon Blvd., Suite 711, Arlington, VA.
    The agenda for this meeting will include an update and discussion 
on Special Visual Flight Rules (VFR) tasking.
    Attendance is open to the interested public but may be limited to 
the space available. The public must make arrangements in advance to 
present oral statements at the meeting or may present written 
statements to the committee at any time. In addition, sign and oral 
interpretation can be made available at the meeting, as well as an 
assistive listening device, if requested 10 calendar days before the 
meeting. Arrangements may be made by contacting the person listed under 
the heading FOR FURTHER INFORMATION CONTACT.

    Issued in Washington, DC on November 10, 1997.
Reginald C. Matthews,
Assistant Executive Director for Air Traffic Issues, Aviation 
Rulemaking Advisory Committee.
[FR Doc. 97-30213 Filed 11-17-97; 8:45 am]
BILLING CODE 4910-13-M
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra

, Justices

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

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

_________________________________________ Clerk September 24, 2012

h0917 

# Order

September 24, 2012

145163

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 145163

COA: 308683

Muskegon CC: 06

- 054255

- FH

ANGELO GERROD CHANDLER II,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the April 24, 2012 order

of the Court o f Appeals is considered, and it is DENIED, because the defendant has

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
EXHIBIT 32.0
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADDED BY
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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 as of and
for the period covered by the Report.
 /s/ Jeffrey L. CunninghamJeffrey L. CunninghamPresident and Chief Executive Officer
(principal executive officer)/s/ Michael R. HutsellMichael R. HutsellTreasurer and Chief Financial Officer
(principal financial and accounting officer)
Exhibit 99.10  CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM  We consent to the incorporation by reference in the Registration Statement (Form F-10 No. 333-184183) of Sprott Physical Gold Trust (the Trust) of our reports dated March 25, 2013, with respect to the financial statements of the Trust for the years ended 2012 and 2011, and the effectiveness of internal control over financial reporting included in this Annual Report (Form 40-F) of the Trust for the year ended December 31, 2012.   /s/   Ernst &Young LLPChartered   AccountantsLicensed   Public AccountantToronto,   CanadaMarch   25, 2013
Exhibit 35.2

 

 

 

 

**ANNUAL STATEMENT OF COMPLIANCE**

 

**OFFICER’S CERTIFICATE OF THE ADMINISTRATOR**

 

In compliance with Section 3(a) of the Administration Agreement (the “Agreement”) among Nelnet Student Loan Trust 2009-2, as Issuer, M&T Trust Company of Delaware, as Delaware Trustee, Wells Fargo Bank, N.A., as Indenture Trustee, and National Education Loan Network, Inc., as Administrator, dated as of October 1, 2009, I, Terry J. Heimes, certify that:

 

|   | 1. | A review of the activities of the Administrator and of its performance under the Agreement during the period from October 1, 2009 through December 31, 2009 has been made under my supervision; and |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | 2. | Based on my knowledge of such review, the Administrator has fulfilled in all material respects its obligations under the Agreement during such period. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------|

 

March 31, 2010

 

 

| By: | /s/ TERRY J. HEIMES_________________ |
|-----|--------------------------------------|

|   | Terry J. Heimes, CFO, Treasurer |
|--------|---------------------------------|

|   | National Education Loan Network, Inc. |
|--------|---------------------------------------|
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 08-625.1 

________________________________________________________________________ 

NUCLEAR SAFETY 

 Arrangement Between the 

UNITED STATES OF AMERICA 

and VIETNAM 

Signed at Washington June 25, 2008 

with 

Addenda 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
VIETNAM 

Nuclear Safety 

 Arrangement signed at Washington 

 June 25, 2008; 

 Entered into force June 25, 2008. 

 With addenda. 

 









Note: At the present time, the Treaty Office does not have the Vietnamese text of this Arrangement. If the Vietnamese text becomes available, it will be added to this publication.
#### IMPERIAL LUMBER COMPANY, INC., a Florida corporation, Appellant, v. JAMES KNOWLES, INC., Appellee.

No. 72-308.

District Court of Appeal of Florida, Second District.

Sept. 29, 1972.

Monterey Campbell, of Tomasello, Campbell & Dunlap, Bartow, for appellant.

James D. Eckert, of Baynard, McLeod, Lang & Eckert, St. Petersburg, for appel-lee.

PER CURIAM.

We have examined the record, the briefs and particularly the final judgment entered by the trial judge and note that the judgment comes to this court clothed with a presumption of correctness. We observe that appellate courts cannot substitute their judgment for that of the trial court and no reversible error having been made to appear the judgment is therefore affirmed, including paragraph six of the final judgment.

PIERCE, C. J., and LILES and MANN, JJ., concur.
PHILIPPINES — SOUNDINGS.IN FATHOMS AND FEET

CENTRAL PART mennconieteearmamt
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# Official Journal L 396/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 396 |
| | |
| English edition | Legislation | Volume 6325 November 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 396

English edition

Legislation

Volume 6325 November 2020

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | DIRECTIVES |
| | * | Council Directive (EU) 2020/1756 of 20 November 2020 amending Directive 2006/112/EC on the common system of value added tax as regards the identification of taxable persons in Northern Ireland | 1 |

Contents

I   Legislative acts

page

DIRECTIVES

*

Council Directive (EU) 2020/1756 of 20 November 2020 amending Directive 2006/112/EC on the common system of value added tax as regards the identification of taxable persons in Northern Ireland

1

| | | II   Non-legislative acts |
| --- | --- | --- |
| | | DECISIONS |
| | * | Council Decision (EU) 2020/1757 of 19 November 2020 on the position to be taken on behalf of the European Union within the International Sugar Council concerning the accession of the United Kingdom to the International Sugar Agreement, 1992 | 3 |

II   Non-legislative acts

DECISIONS

*

Council Decision (EU) 2020/1757 of 19 November 2020 on the position to be taken on behalf of the European Union within the International Sugar Council concerning the accession of the United Kingdom to the International Sugar Agreement, 1992

3

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
Exhibit 32.1





SECTION 1350 CERTIFICATIONS





This Certificate is being delivered pursuant to the requirements of Section 1350 of Chapter 63 (Mail Fraud) of Title 18 (Crimes and Criminal Procedures) of the United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed for purposes of Section 18 of the Securities Act of 1934, as amended.





The undersigned, who are the Chief Executive Officer and Chief Financial Officer of American Realty Capital New York Recovery REIT, Inc. (the “Company”), each hereby certify as follows:





The Annual Report on Form 10-K of the Company (the “Report”), which accompanies this Certificate, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and all information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated this 28th day of March, 2011.





/s/ Nicholas S. SchorschNicholas S. SchorschChief Executive Officer

Chairman of the Board of Directors

(Principal Executive Officer)/s/ Brian S. BlockBrian S. Block

Executive Vice PresidentChief Financial Officer

(Principal Accounting Officer)
```
[Federal Register Volume 62, Number 224 (Thursday, November 20, 1997)]
[Notices]
[Page 62036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30455]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-60-010]

Tennessee Gas Pipeline Company; Notice of Compliance Filing

November 14, 1997.
    Take notice that on November 7, 1997, Tennessee Gas Pipeline 
Company (Tennessee), tendered for filing as part of its FERC Gas 
Tariff, Fifth Revised Volume No. 1, the following tariff sheets:

Second Revised Sheet No. 302
Fifth Revised Sheet No. 316
Second Revised Sheet No. 357
Sub Fourth Revised Sheet No. 412

    Tennessee states that these sheets are filed in compliance with the 
Commission's October 28, 1997 Letter Order in the above-referenced 
docket (October 28 Letter Order). In accordance with the October 28 
Letter Order, Tennessee requests an effective date of November 1, 1997.
    Any person desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, N.E., 
Washington, D.C. 20426, in accordance with 18 CFR 385.211 of the 
Commission's Rules and Regulations. All such protests must be filed as 
provided in Section 154.210 of the Commission's Regulations. Protests 
will be considered by the Commission in determining the appropriate 
action to be taken, but will not serve to make protestants parties to 
the proceeding. Copies of this filing are on file with the Commission 
and are available for public inspection in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 97-30455 Filed 11-19-97; 8:45 am]
BILLING CODE 6717-01-M
```
[Federal Register Volume 62, Number 218 (Wednesday, November 12, 1997)]
[Notices]
[Page 60730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29861]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Foreign Claims Settlement Commission


Sunshine Act Meeting

[F.C.S.C. Meeting Notice No. 23-97]

    The Foreign Claims Settlement Commission, pursuant to its 
regulations (45 CFR Part 504) and the Government in the Sunshine Act (5 
U.S.C. 552b), hereby gives notice in regard to the scheduling of 
meetings and oral hearings for the transaction of Commission business 
and other matters specified, as follows:
    Date and Time: Monday, November 17, 1997, 9:30 a.m. to 5:00 p.m.
    Subject Matter: (1) Hearings on the Record on Objections to 
Individual Proposed Decisions on Claims of Holocaust Survivors Against 
Germany; (2) Issuance of Individual Final Decisions on Claims of 
Holocaust Survivors Against Germany.
    Status: Closed.
    All meetings are held at the Foreign Claims Settlement Commission, 
600 E Street, N.W., Washington, DC. Requests for information, or 
advance notices of intention to observe an open meeting, may be 
directed to: Administrative Officer, Foreign Claims Settlement 
Commission, 600 E Street, NW., Room 6002, Washington, DC 20579. 
Telephone: (202) 616-6988.

    Dated at Washington, DC, November 7, 1997.
Judith H. Lock,
Administrative Officer.
[FR Doc. 97-29861 Filed 11-7-97; 12:25 pm]
BILLING CODE 4410-01-M
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. SeeFed. R. App. P. 34(a)(2). NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee,
v. ROBERTO MARTINEZ-NIETO, Defendant - Appellant. No. 09-10213D.C. No. 4:09-CR-00001-JMRBPV-1
MEMORANDUM *

Appeal from the United States District Court for the District of Arizona John M. Roll, District Judge, Presiding Submitted June 11, 2012 **

San Francisco, California Before: HUG, RAWLINSON, and IKUTA, Circuit Judges. Roberto Martinez-Nieto appeals his conviction and 46-month sentence for illegal reentry in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. 

# FILED
JUN 15 2012 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 Although the magistrate judge did not fully comply with Rule 11 of the Federal Rules of Criminal Procedure, this does not constitute plain error because Martinez fails to show a reasonable probab ility that, but for the errors, he would not have entered his guilty plea. See United States v. Dominguez Benitez , 542 U.S. 74, 83 (2004). The district court did not err by applying a sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) for Martinez’s prior conviction of forcible lewd acts upon a child under 14 years old in violation of California Penal Code § 288(b). Because a violation of California Penal Code § 288(a) categorically constitutes “sexual abuse of a minor” and is a “crime of violence” under the Sentencing Guidelines, United States v. Medina-Villa , 567 F.3d 507, 516 (9th Cir. 2009), and because California Penal Code § 288(a) “is a lesser or necessarily included offense of [§ 288(b)],” see People v. Ward , 233 Cal. Rptr. 477, 485 (Ct. App. 1986), Martinez’s conviction under § 288(b), like convictions under § 288(a), categorically constitutes a “crime of violence” for sentencing enhancement purposes. Martinez’s argument that the district court erred when it denied Martinez’s request for a downward departure fails b ecause, reviewing only for reasonableness, see United States v. Mohamed , 459 F.3d 979, 986–87 (9th Cir. 2006), the record3 reflects that Martinez’s mid-Guidelines sentence was reasonable in light of the totality of the circumstances and the se ntencing factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States , 552 U.S. 38, 51 (2007). AFFIRMED.