alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. 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NOT FOR PUBLICATION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.

KEVIN FALCON,

 Defendant - Appellant.

No. 11-30110

D.C. No. 4:09-cr-00118-SEH

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Sam E. Haddon, District Judge, Presiding

Submitted March 6, 2012** 

Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.

Kevin Falcon appeals from the 110-month sentence imposed on remand

following his guilty-plea conviction for being a felon in possession of a firearm, in

violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291,

and we vacate and remand.

FILED

MAR 14 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-30110

Falcon argues that his sentence is procedurally and substantively

unreasonable, in light of both his poor health and the relative seriousness of his

offense. A correctly-calculated advisory Sentencing Guidelines range is “the

starting point and the initial benchmark” for sentencing. See Gall v. United States,

552 U.S. 38, 49 (2007). As no basis appears in the record for the district court’s

selection of a base offense level of 20 under U.S.S.G. § 2K2.1(a)(4), and as it

seems likely, instead, that Falcon’s base offense level should have been assessed as

14, under section 2K2.1(a)(6), we cannot conclude that the 110-month sentence

was either procedurally or substantively reasonable. Accordingly, we vacate the

sentence and remand for resentencing.

We are in receipt of Falcon’s pro se motion to obtain new appellate counsel. 

In view of our decision to remand, we deny that motion as moot. In his motion,

Falcon asserts that Judge Haddon is biased against him. We find no basis in the

record for Falcon’s assertion and, therefore, decline to reassign the case to another

judge on remand. This panel retains jurisdiction over any future appeal.

VACATED and REMANDED.
|  |  |                                                                                                                   |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
|--|--|-------------------------------------------------------------------------------------------------------------------|--|--|--|--|--|--|--|--|--|--|--|--|--|--|--|
|  |  |                                                                                                                   |  |  |
|  |  |                                                                                                                   |
|  |  | /s/ David Viney                                                                                           |  |
|  |  | David Viney                                                                                                       |  |
|  |  | Vice President and Treasurer of Harley-Davidson Credit Corp., Servicer to Harley-Davidson Motorcycle Trust 2022-A |  |
|  |  |                                                                                                                   |  |
​

**Exhibit 35.1**

​

**Servicer Compliance Statement of John Deere Capital Corporation**

​

I, Katrin Watkins, Assistant Secretary of John Deere Capital Corporation, state:

​

A review of John Deere Capital Corporation’s activities for the period from July 20, 2022 (the date of issuance of the John Deere Owner Trust 2022-B transaction subject to the requirements of Regulation AB) through October 30, 2022 (the “Reporting Period”) and of John Deere Capital Corporation’s performance under the Sale and Servicing Agreement dated as of July 20, 2022 among John Deere Capital Corporation, John Deere Receivables LLC and John Deere Owner Trust 2022-B has been made under my supervision, and to the best of my knowledge based on such review, John Deere Capital Corporation has fulfilled all its obligations under all relevant agreements in all material respects throughout the Reporting Period. 

​

​

| ​               | ​                        | ​              |
|-----------------------|--------------------------------|----------------------|
| Date: January 9, 2023 | John Deere Capital Corporation |
| ​               | ​                        | ​              |
| ​               | By:                            | */s/ Katrin Watkins* |
| ​               | ​                        | Katrin Watkins       |
| ​               | ​                        | Assistant Secretary  |
| ​               | ​                        | ​              |
| ​               | ​                        | ​              |
|                       | ​                        | ​              |

​

​

----
**
**Exhibit 35.1**

**SERVICER COMPLIANCE STATEMENT**

In connection with the Annual Report on Form 10-K of Santander Drive Auto Receivables Trust 2022-1 for the fiscal year ended December 31, 2022, (the “Report”), the undersigned, a duly authorized officer of Santander Consumer USA Inc. (the “Servicer”), does hereby certify andrepresent that: 

 
 1.
A review of the activities and performance of the Servicer under the Sale and Servicing Agreement, dated as ofFebruary 23, 2022, among Santander Drive Auto Receivables LLC, Santander Consumer USA Inc., Santander Drive Auto Receivables Trust 2022-1 and Citibank, N.A. (the “Agreement”) during the periodthat is the subject of the Report has been made under my supervision. 

 
 2.
To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under theAgreement in all material respects throughout the period that is the subject of the Report. 

 
SANTANDER CONSUMER USA INC.By: 
/s/ Marc Womack
Name: Marc WomackTitle: EVP, Head of OperationsDate: March 31, 2023By: 
/s/ Vikas Gupta
Name: Vikas GuptaTitle: TreasurerDate: March 31, 2023**
Motion Granted and Order filed June 12, 2014

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 14

- 00448

- CV

____________ IN RE FINN KRISTENSE N , AKZO NOBEL POLYMER CHEMICALS, LLC, AKZO NOB EL, INC., AKZO NOBEL CHEMICALS, LLC , RYDER TRUCK RENTAL, I NC., AND GABE T. VICK , Relator s

O RIGINAL PROCEEDING WRIT OF MANDAMUS 151st District Court Harris County, Texas Trial Court Cause No. 2013

- 58165



### ORDER

On June 11, 2014, relators Finn Kristensen, Akzo Nobel Polymer Chemicals, LLC, Akzo Nobel, Inc., Akzo Nobel Chemicals, LLC
, Ryder Truck Rental, Inc., and Gabe T. Vick, filed a petition for writ of mandamus with this2 Court. See Tex. Gov’t Code § 22.221 ; see also Tex. R. App. P. 52

. In their petition,

r elator s ask this C ourt to compel the Honorable Mike Eng elhart, presiding judge of the 151st District Court of Harris County, to vacate three orders requiring relators to produce certain information and sanctioning one of relators’ attorneys.

Relator s also ha ve filed with this Court a motion for temporary relie f. See Tex. R. App. P. 52.8(b), 52.10. On June 11, 2014, relator s asked this Court to stay enforcement of the challenged orders pending disposition by this Court of relators’ petition for writ of mandamus.
It appears from the facts stated in the p etition a nd motion that relator s ’ request for relief requires further consideration and that relator s will be prejudiced
unless immediat e temporary relief is granted. We therefore GRANT relator s ’ motion and issue the following order:

We ORDER any enforcement of the trial court’s orders dated May 7, 2014, June 2, 2014, and June 4, 2014 in trial court cause number 2013

- 58165 , styled Dononato Castillo, Jr. v. Finn Kristensen, Akzo Nobel Polymer Chemicals, LLC, Akzo Nobel, Inc., Akzo Nobel Chemicals, LLC, and Ryder Truc k Rental, Inc.
, STAYED until a final decision by this C ourt on r elator s ’ petition for writ of mandamus, or until further order of this C ourt.
In addition, the C ourt requests real party in interest Dononato Castillo, Jr. to file a response to the petition for writ of mandamus on or before June 2 7 , 2014

. See Tex. R. App. P. 52.4.

PER CURIAM
Panel consists of Justices Boyce, Busby, and Wise.
Broadway Coffeehouse LLC 

and Marcus Rogers, as Trustee 

for the Saks Children Trust a/

Fourth Court of Appeals

San Antonio, Texas

December 11, 2015

No. 04-14-00734-CV

Sandra SAKS, Lee Nick McFadin, III, and Margaret Landen Saks,

Appellants

v.

BROADWAY COFFEEHOUSE LLC and Marcus Rogers, as Trustee for the Saks Children 

Trust a/k/a ATFL&L, a Texas trust,

Appellees

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2013-CI-17001

Honorable Antonia Arteaga, Judge Presiding

O R D E R

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Jason Pulliam, Justice

The court has considered the Appellants' Motion for Rehearing En Banc, and the motion 

is DENIED.

_________________________________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 11th day of December, 2015.

___________________________________

Keith E. Hottle

Clerk of Court
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Office of the Secretary

                    The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation's Procedural Regulations (See 14 CFR 301.201*et seq.*). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings.                

*Docket Number:*                     DOT-OST-2012-0042.                

*Date Filed:*                     March 19, 2012.                

*Due Date for Answers, Conforming Applications, or Motion to Modify Scope:*                     April 9, 2012.                

*Description:*                     Application of People Express Airlines, Inc. (“People Express”) requesting a certificate of public convenience and necessity authorizing People Express to engage in interstate scheduled air transportation of persons, property, and mail.                

 Renee V. Wright,

Program Manager, Docket Operations, Federal Register Liaison.

[FR Doc. 2012-8506 Filed 4-6-12; 8:45 am]

BILLING CODE 4910-9X-P
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 Annual Report of Hawk Corporation (the “Company”) on Form
10-K for the period ending December 31, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Ronald E. Weinberg,
Chairman of the Board and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 position and result of operations of the Company.














/s/ RONALD E.
WEINBERG


Ronald E.
Weinberg


Chairman
of the Board and Chief Executive Officer





March 10,
2009








This
certification is made solely for the purpose of 18 U.S.C. § 1350, subject to the
knowledge standard contained in that statute, and not for any other
purpose.
















































































112
PCA : 12-3J14-24-B-0167 

PURCHASE AWARD DESCRIPTION 

January 29, 2024 10:40:00 

Mozzarella String Cheese PCA, 12-3J14-24-B-0167 WBSCM Number 2000009809. The USDA/Agricultural Marketing 

Service/Commodity Procurement Program (CPP) hereby announces the award of solicitation WBSCM Number 

2000009809. The following commodities were purchased in support of Child Nutrition and other related 

Domestic Food Distribution Programs. Deliveries are to be made from April 1, 2024, through June 30, 2024.

 The Contracting Officer will not consider any additional or further offers under solicitation WBSCM 

Number 2000009809. CPP extends our appreciation to all bidders for showing an interest in supplying 

agricultural commodities for USDA/Domestic Programs. Further information can be obtained from the 

Commodity Procurement Program, Agricultural Marketing Service, USDA, South Building, Washington, DC 

20250, telephone (202) 720 4517 or the website at http://www.ams.usda.gov/selling-food. 

Number of Offers/Quotes(Vendor Responses) received: 2 

PURCHASE SUMMARY 

Material Total Qty UOM Price Range Total Dollars 

CHEESE MOZ LM PT SKM STRING 52,920.000 LB $2.7800 - $2.9600 $ 

BOX-360/1 OZ 150,519.60 

TOTAL 52,920.000 LB $ 150,519.60 

PURCHASE DETAILS 

Contractor/ Material Plant Bid Inv. Destination Quantity UOM Price 

Contract Number Location Item 

MICELI DAIRY PRODUCTS 

CO 

2721 E 90TH ST 

CLEVELAND, OH 

44104-3301 

12-3J14-24-C-0800 CLEVELAND, OH 

4100029142 

CHEESE MOZ LM PT SKM STRING BOX-360/1 OZ 

40 FRESNO, CA 18,900.000LB $ 

2.9600 

60 NEWARK, NJ 18,900.000LB $ 

2.7800 

70 VINELAND, 15,120.000LB $ 

NJ 2.7800 

Subtotal 52,920.000LB 

Contract Total 52,920.000LB $ 150,519.60 

Contractor Total 52,920.000 LB $ 150,519.60
EXHIBIT
10.2






    1 


     


    





    2 


     


    





    3 


     


    





    4 


     


    





    5 


     


    





    6 


     


    





    7 


     


    





    8 


     


    





    9
III 

115TH CONGRESS 

2D SESSION S. RES. 604 

To authorize document production by the Select Committee on Intelligence 

in United States v. Mariia Butina (D.D.C.). 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2018 

Mr. MCCONNELL (for himself and Mr. SCHUMER) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

To authorize document production by the Select Committee 

on Intelligence in United States v. Mariia Butina (D.D.C.). 

Whereas, the prosecution and the defendant in United States 

v. Mariia Butina, Cr. No. 18–218, currently pending in 

the United States District Court for the District of Columbia, have requested copies of a transcript of an interview of the defendant conducted by the Select Committee 

on Intelligence; 

Whereas, by the privileges of the Senate of the United States 

and Rule XI of the Standing Rules of the Senate, no evidence under the control or in the possession of the Senate can, by administrative or judicial process, be taken 

from such control or possession but by permission of the 

Senate; 


lotter on DSKBCFDHB2PROD with BILLS
2 

SRES 604 ATS 

Whereas, when it appears that documents, papers, and 

records under the control or in the possession of the Senate may promote the administration of justice, the Senate 

will take such action as will promote the ends of justice 

consistent with the privileges of the Senate: Now, therefore, be it 

1 Resolved, That the Chairman and Vice Chairman of 

2 the Senate Select Committee on Intelligence, acting joint3 ly, are authorized to provide to the parties in United States 

4 v. Mariia Butina, under appropriate security procedures, 

5 copies of the transcript of the interview of the defendant 

6 taken by the Committee. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

MICHAEL A. ADENIYI, 

Petitioner,

v.

U.S. IMMIGRATION & NATURALIZATION

SERVICE; JOHN ASHCROFT, Attorney  No. 02-1865

General,

Respondents.

AMERICAN IMMIGRATION LAW

FOUNDATION ("AILF"),

Amicus Supporting Petitioner. 

On Petition for Review of an Order of the

Board of Immigration Appeals.

(A-91-206-109)

Submitted: March 21, 2003

Decided: April 25, 2003

Before WILKINSON, MICHAEL, and GREGORY, Circuit Judges.

Petition dismissed by unpublished per curiam opinion. 

COUNSEL

Jim Tom Haynes, CAMERON & HORNBOSTEL, L.L.P., Washington, D.C., for Petitioner. Robert D. McCallum, Jr., Assistant Attorney

General, M. Jocelyn Lopez Wright, Senior Litigation Counsel,

Anthony P. Nicastro, Office of Immigration Litigation, UNITED
STATES DEPARTMENT OF JUSTICE, Washington, D.C., for

Respondents. Mary A. Kenney, Nadine K. Wettstein, Beth Werlin,

AMERICAN IMMIGRATION LAW FOUNDATION, Washington,

D.C., for Amicus Curiae. 

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 

OPINION

PER CURIAM: 

Michael A. Adeniyi, a native and citizen of Nigeria, petitions this

Court for review of a final order of the Board of Immigration Appeals

affirming the Immigration Judge’s decision finding Adeniyi deportable, denying the relief of suspension of deportation, and granting

voluntary departure. 

Adeniyi’s case, which commenced with the issuance of an Order

to Show Cause in March 1997, is governed by the transitional rules

of the Illegal Immigration Reform and Immigrant Responsibility Act

of 1996 (IIRIRA), Pub. L. No. 104-208, 110 Stat. 3009. We find that

Adeniyi is an alien who is deportable due to his conviction of possession of more than sixteen ounces of marijuana and that we thus do not

have jurisdiction to consider his petition for review. See Hall v. INS,

167 F.3d 852, 854-56 (4th Cir. 1999); IIRIRA § 309(c)(4)(G); Immigration and Nationality Act § 241(a)(2)(B). 

Nevertheless, Adeniyi advances a due process challenge to the

Board’s use of its summary affirmance procedure under 8 C.F.R.

§ 3.1(a)(7) (2002), contending that the Board failed to follow its own

regulation with regard to the issuance of the summary affirmance.

Assuming, without deciding, that we retain jurisdiction to review substantial constitutional questions in this context, see Ramtulla v. Ashcroft, 301 F.3d 202, 203-04 (4th Cir. 2002), we find that Adeniyi’s

challenge does not qualify as such. See Albathani v. INS, 318 F.3d

365, 375-79 (1st Cir. 2003). 

2 ADENIYI v. INS
Accordingly, we dismiss Adeniyi’s petition for review for lack of

jurisdiction. 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

ADENIYI v. INS 3
EXHIBIT 32.2
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
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.
 Date:  May 20, 2008
    /s/ Robert K. MoskovitzName:
    Robert K. MoskovitzTitle:
    Chief Financial Officer of the General Partner
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 accompanying Quarterly Report of Blackhawk Capital Group
        BDC, Inc. on Form 10-Q for the period ending June 30, 2005 as filed with
        the
        Securities and Exchange Commission on the date hereof, I, Craig A. Zabala,
        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, 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.
 
 
 Dated:
                  August 5, 2005By:
                  /s/ Craig A. ZabalaCraig
                  A. Zabala, Chief Executive Officer
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1392 

CA 10-01223 

PRESENT: CENTRA, J.P., CARNI, SCONIERS, AND PINE, JJ.

 

 

WILLIAM MORAN AND WENDY MORAN, 

PLAINTIFFS-RESPONDENTS, 

V ORDER

CITY OF SYRACUSE, DEFENDANT, 

CONDREN REALTY MANAGEMENT CORP., SYRACUSE 

INTOWN HOUSES, INC., AND TOWNSEND TOWER 

ASSOCIATES, DEFENDANTS-APPELLANTS. 

 

COSTELLO, COONEY & FEARON, PLLC, CAMILLUS (MAUREEN G. FATCHERIC OF

COUNSEL), FOR DEFENDANTS-APPELLANTS. 

FINKELSTEIN & PARTNERS LLP, NEWBURGH (GEORGE A. KOHL, II, OF COUNSEL),

FOR PLAINTIFFS-RESPONDENTS. 

 

Appeal from an order of the Supreme Court, Onondaga County

(Anthony J. Paris, J.), entered February 23, 2010 in a personal injury

action. The order denied the motion of defendants Condren Realty

Management Corp., Syracuse Intown Houses, Inc., and Townsend Tower

Associates for summary judgment. 

Now, upon reading and filing the stipulation of discontinuance

signed by the attorneys for the parties on January 3, 2011,

It is hereby ORDERED that said appeal is dismissed without costs

upon stipulation.

All concur except PINE, J., who is not participating.

Entered: February 10, 2011 Patricia L. Morgan

Clerk of the Court