alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff—Appellee, v. Qin CHEN, Defendant—Appellant.

No. 01-10062.

D.C. No. CR-99-00452-DAE.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 12, 2002.*

Decided Aug. 16, 2002.

Before SCHROEDER, Chief Judge, and TASHIMA and RAWLINSON, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Qin Chen appeals his guilty-plea conviction and sentence on three counts of attempting to bring unauthorized aliens into the United States for financial gain in violation of 8 U.S.C. § 1324. We dismiss for lack of jurisdiction.

The government asserts that Chen’s appeal is precluded by the waiver of appeal contained in his plea agreement. We review de novo waiver of a statutory right to appeal. *United States v. Martinez,*143 F.3d 1266, 1270 (9th Cir.1998). A waiver of appeal is enforceable if the waiver was “knowingly and voluntarily made” and the language of the waiver encompasses the defendant’s right to appeal on the grounds claimed on appeal. *Id.*at 1270-71. An enforceable waiver deprives us of jurisdiction to hear the appeal. *United States v. Vences,*169 F.3d 611, 613 (9th Cir.1999).

Chen argues that his plea was not knowingly and voluntarily entered into due to the magistrate judge’s failure to adequately explain the waiver provision at the plea change hearing, in violation of Federal Rule of Criminal Procedure 11(c)(6). *See United States v. Ma,*290 F.3d 1002, 1005 (9th Cir.2002). Chen’s plea colloquy took place on November 26, 1999, approximately one week before Rule 11(c)(6) took effect on December 1, 1999. *United States v. Littlejohn,*224 F.3d 960, 963 n. 1 (9th Cir.2000). His appeal is governed by the pre-amendment version of Rule 11 that was applicable at the plea hearing. *Id.*Under that version of Rule 11, it is proper for the prosecutor to summarize the terms *282of the plea agreement. *United States v. Michlin,*34 F.3d 896, 898 (9th Cir.1994). The magistrate judge committed no Rule 11 violation by having the prosecutor summarize the terms of the plea agreement for Chen. Chen knowingly and voluntarily entered into the plea agreement.

Chen agreed to waive his right to appeal “any sentence within the maximum provided in the statute(s) of conviction or the manner in which that sentence was determined ... on any ground whatever,” excepting that Chen could appeal if the district court “depart[ed] ... upward from the guidelines range determined by the Court to be applicable to the Defendant.” The language of the waiver unambiguously encompasses Chen’s arguments on appeal.

The plea agreement is enforceable. The appeal is dismissed for lack of jurisdiction. *See Vences,*169 F.3d at 613.

DISMISSED.1

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

1

. Appellant’s June 20, 2002 motion is granted. The Clerk shall file the reply brief received June 20, 2002.
#### Ralph George MARTIN, Appellant, v. STATE of Florida, Appellee.

No. 70-64.

District Court of Appeal of Florida, Second District.

Feb. 12, 1970.

Appeal dismissed.
257 La. 609

#### Morley A. HUDSON v. MARYLAND CASUALTY COMPANY.

No. 51093.

Supreme Court of Louisiana.

Feb. 4, 1971.

In re: Maryland Casualty Company applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit, Parish of Caddo. 241 So.2d 567.

Writ refused. The case having been remanded, the judgment of the Court of Appeal is not final.

DIXON, T., recused.
Exhibit 21.1

SUBSIDIARIES OF HIGHER ONE HOLDINGS, INC.



|                                   |  |                               |            | 
|---------------------------------- |  | ----------------------------- | ---------- | 
|Subsidiary                         |  | Jurisdiction of Incorporation |           
|Higher One, Inc.(1)                |  |                               | Delaware   | 
|Higher One Payments, Inc.(2)       |  |                               | California | 
|Higher One Machines, Inc.(2)       |  |                               | Delaware   | 
|Higher One Real Estate, Inc. (2)   |  |                               | Delaware   | 
|Higher One Real Estate SP, LLC (3) |  |                               | Delaware   | 



|(1) | 100% owned by Higher One Holdings, Inc.
|--- | ---------------------------------------

|(2) | 100% owned by Higher One, Inc.
|--- | ------------------------------

|(3) | 100% owned by Higher One Real Estate, Inc.
|--- | ------------------------------------------
January 30, 2001

No. 00A646.

#### Bell, Warden *v.*Workman.

Application to vacate the stay of execution of sentence of death entered by the United States Court of Appeals for the Sixth Circuit on January 26, 2001, presented to Justice Stevens, and by him referred to the Court, denied.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7039 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 7039

 To designate the facility of the United States Postal Service located 
  at 210 North Missouri Avenue in Lakeland, Florida, as the ``Officer 
                   Paul Dunn Post Office Building''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 2020

  Mr. Spano introduced the following bill; which was referred to the 
                   Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
  at 210 North Missouri Avenue in Lakeland, Florida, as the ``Officer 
                   Paul Dunn Post Office Building''.

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

SECTION 1. OFFICER PAUL DUNN POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 210 North Missouri Avenue in Lakeland, Florida, shall be 
known and designated as the ``Officer Paul Dunn Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Officer 
Paul Dunn Post Office Building''.
                                 <all>
```
**Exhibit 31.1**
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**
I, Deborah J. Adler, certify that:
1.     Ihave reviewed this annual report on Form 10-K of ML Life InsuranceCompany of New York;
2.     Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;
3.     Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this report;
4.     Theregistrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 (a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during theperiod in which this annual report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on suchevaluation; and  (c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
5.     Theregistrant’s other certifying officer(s) and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent function):
 (a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize andreport financial information; and  (b) Any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal control over financial reporting.   Dated:March 16, 2007    /s/ DEBORAH J. ADLER
#### J. I. WILSON, as Chairman, and Earl Keefer, Frank J. Anderson, Gordon H. Moyer, Jr., Charles W. Fogelsong, William B. Smith, and Harry D. Flemming, Jr., as Members of the Professional Ethics Committee, South Florida Chapter No. 24, American Institute of Real Estate Appraisers, Appellants, v. Marion C. McCUNE, Appellee.

No. 68-465.

District Court of Appeal of Florida. Third District.

Aug. 19, 1970.

Welsh & Carroll, G. David Parrish, Horton & Schwartz, Miami, for appellants.

Brigham & Brigham, McCarthy, Steel, Hector & Davis, Miami, for appellee.

Before PEARSON, C. J., and CHARLES CARROLL and BARKDULL, JJ.

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on April 22, 1969 (222 So.2d 230) reversing the order of the Circuit Court of Dade County, Florida, in the above styled cause; and

Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed June 17, 1970 (237 So.2d 169) and mandate dated July 17, 1970, quashed this court’s judgment with instructions to affirm the judgment of the circuit court;

Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on May 27, 1969 is withdrawn, the opinion and judgment of this court filed April 22, 1969 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the order of the circuit court appealed from in this cause is affirmed. Costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).
<TABLE> <S> <C>

<ARTICLE>                                            7
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
TRANSATLANTIC HOLDINGS, INC.'S FORM 10-K FOR THE PERIOD ENDED DECEMBER 31, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.  (IN
THOUSANDS, EXCEPT PER SHARE AMOUNTS)
</LEGEND>

<MULTIPLIER>                                   1,000
<PERIOD-TYPE>                                 12-MOS
<FISCAL-YEAR-END>                        DEC-31-1999
<PERIOD-START>                           JAN-01-1999
<PERIOD-END>                             DEC-31-1999
<DEBT-HELD-FOR-SALE>                       2,399,158
<DEBT-CARRYING-VALUE>                      1,062,968
<DEBT-MARKET-VALUE>                        1,083,740
<EQUITIES>                                   588,341
<MORTGAGE>                                         0
<REAL-ESTATE>                                      0
<TOTAL-INVEST>                             4,229,445
<CASH>                                       104,017
<RECOVER-REINSURE>                           568,561
<DEFERRED-ACQUISITION>                        71,022
<TOTAL-ASSETS>                             5,480,198
<POLICY-LOSSES>                            3,304,931
<UNEARNED-PREMIUMS>                          397,783
<POLICY-OTHER>                                     0
<POLICY-HOLDER-FUNDS>                              0
<NOTES-PAYABLE>                                    0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                      35,528
<OTHER-SE>                                 1,606,989
<TOTAL-LIABILITY-AND-EQUITY>               5,480,198
<PREMIUMS>                                 1,484,634
<INVESTMENT-INCOME>                          230,739
<INVESTMENT-GAINS>                            82,793
<OTHER-INCOME>                                  (138)
<BENEFITS>                                 1,148,817
<UNDERWRITING-AMORTIZATION>                   (3,444)
<UNDERWRITING-OTHER>                         416,558
<INCOME-PRETAX>                              236,097
<INCOME-TAX>                                  48,735
<INCOME-CONTINUING>                          187,362
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                 187,362
<EPS-BASIC>                                     5.40
<EPS-DILUTED>                                   5.37
<RESERVE-OPEN>                             2,656,103
<PROVISION-CURRENT>                        1,216,294
<PROVISION-PRIOR>                            (67,477)
<PAYMENTS-CURRENT>                           340,155
<PAYMENTS-PRIOR>                             702,603
<RESERVE-CLOSE>                            2,762,162
<CUMULATIVE-DEFICIENCY>                       67,477
Exhibit 99.1




OFFICER’S CERTIFICATE
  
 This Officer’s Certificate is furnished pursuant to Section 4.10 of that certain Sale and Servicing Agreement dated as of March 1, 2010, among BMW Financial Services NA, LLC, as Seller, Servicer, Administrator and Custodian, Citibank, NA, as Indenture Trustee, BMW FS Securities LLC, as Depositor, and the BMW Vehicle Owner Trust 2010-A as Issuer (the “Sale and Servicing Agreement”) (all capitalized terms used herein without definition have the respective meanings specified in the Sale and Servicing Agreement).
 
 THE UNDERSIGNED HEREBY CERTIFIES THAT:
 
 1.           I am a duly authorized officer of the Servicer;
 
 2.           I have reviewed the terms of the Sale and Servicing Agreement and I have made, or have caused to be made under my supervision, a detailed review of the transactions and conditions of the Servicer and the performance of its obligations there under during the period from March 1, 2010 to December 31, 2010;
  3.           To my knowledge, based on the review described in paragraph 2, the Servicer has fulfilled all its obligations under the Sale and Servicing Agreement, during the period from March 1, 2010 to December 31, 2010, except as set forth below.
 
 Described below are the exceptions, if any, to paragraph 3 by listing, in detail, the nature of the condition or event, the period during which it has existed and the action which the Servicer has taken, is taking, or proposes to take with respect to each such condition or event:  NONE
 
 
 IN WITNESS WHEREOF, I have affixed hereunto set my hand this 28th day of March, 2011.
 
 By:           BMW Financial Services NA, LLC
 
 By:           /s/ Martin Stremplat
 Martin Stremplat
 Title:        Chief Financial Officer
#### James J. GILCREST, Appellant, v. STATE of Florida, Appellee.

No. 72-705.

District Court of Appeal of Florida, Third District.

Nov. 14, 1972.

PER CURIAM.

Affirmed.
[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Notices]
[Page 66069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32845]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER97-4586-001]


De Pere Energy L.L.C.; Notice of Filing

December 11, 1997.
    Take notice that on November 7, 1997, De Pere Energy L.L.C. 
tendered for filing its compliance filing pursuant to the Commission's 
October 31, 1997 order issued in this docket.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such 
motions or protests should be filed on or before December 23, 1997. 
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. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-32845 Filed 12-16-97; 8:45 am]
BILLING CODE 6717-01-M
|   | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|
Exhibit 32





CERTIFICATION PURSUANT TO


18 USC, SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with this annual report of Bureau of Fugitive Recovery, Inc. (the “Company”) on Form 10-K for the fiscal year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, the undersigned, in the capacities and on the date indicated below, 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 our knowledge:





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





2.
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








Dated:  March 30, 2011
s/Frank Ficarra

Frank Ficarra, Chief Executive Officer

and Chief Financial Officer
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6998 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 6998

 To amend the Omnibus Parks and Public Lands Management Act of 1996 to 
 reauthorize the Ohio & Erie National Heritage Canalway, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2020

Mr. Ryan (for himself, Mr. Gonzalez of Ohio, Mr. Joyce of Ohio, and Ms. 
   Kaptur) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the Omnibus Parks and Public Lands Management Act of 1996 to 
 reauthorize the Ohio & Erie National Heritage Canalway, and for other 
                               purposes.

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

SECTION 1. REAUTHORIZATION OF OHIO & ERIE NATIONAL HERITAGE CANALWAY.

    Division II of the Omnibus Parks and Public Lands Management Act of 
1996 (Public Law 104-333; 110 Stat. 4274; 122 Stat. 824; 122 Stat. 826; 
127 Stat. 3801; 127 Stat. 420; 128 Stat. 314; 133 Stat. 778) is 
amended--
            (1) in section 809, by striking ``2021'' and inserting 
        ``2036''; and
            (2) in section 810(a), by striking ``$20,000,000'' and 
        inserting ``$30,000,000''.
                                 <all>
```
### Page 1 of 3 **Disposition Comments Docket No:**  

### F AA - 2012 - 1 25 0 These comments are in **Directorate ID:** 

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