alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-2088

In Re: THOMAS MACEO BRODNAX; VALERIA BRODNAX, Debtors.

_________________________ THOMAS MACEO BRODNAX; VALERIA BRODNAX, Plaintiffs - Appellants, versus CITY OF DANVILLE, VIRGINIA, Defendant - Appellee, and LAURENCE P. MORIN; U. S. TRUSTEE, Trustees.Appeal from the United States District Court for the Western District of Virginia, at Danville. Jackson L. Kiser, Senior District Judge. (CA-98-15, BK-96-2892-6-WA4-13) Submitted: March 9, 1999 Decided: April 23, 1999 Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion.2 Thomas Maceo Brodnax, Valeria Brodnax, Appellants Pro Se. MichaelEarnest Hastings, DANIEL, VAUGHAN, MEDLEY & SMITHERMAN, P.C., Danville, Virginia, for Appellee. Laurence P. Morin, Lynchburg, Virginia; United States Trustee, OFFICE OF THE UNITED STATES TRUSTEE, Roanoke, Virginia, for Trustees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Thomas and Valeria Brodnax appeal from the district court’s order dismissing their bankruptcy appeal for failure to comply with the requirement in Fed. R. Bankr. P. 8006, that a designation of the record on appeal and a statement of issues be filed within ten days of the filing of the notice of appeal. We have reviewed the record and the district court’s opinion and find no abuse of discretion and no reversible error. See Fed. R. Bankr. P. 8001(a); In re Serra Builders, Inc. , 970 F.2d 1309, 1311 (4th Cir. 1992). Accordingly, we affirm on the reasoning of the district court. See Brodnax v. City of Danville, VA , Nos. CA-98-15; BK-96-2892-6-WA4-13 (W.D. Va. June 22, 1998). Additionally, we deny as moot the Brodnaxes’ motion to defer action on this appeal. We dispense withoral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
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 Quarterly Report of Atlas Resources Public 17-2007 (A) L.P.
(the "Partnership") on Form 10-Q for the period ended March 31, 2009 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Freddie M. Kotek, Chief Executive Officer of the Managing General Partner,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 condition and results of operations of the
      Partnership.





By:
            /s/ Freddie M.
      KotekName:
            Freddie
      M. KotekTitle:
            Chief
      Executive Officer of the Managing General PartnerDate:
            May
      14, 2009
Exhibit 31.1



CERTIFICATIONS

I, Paul C. Honda, certify that:



1. I have reviewed this report on Form 10-K and all reports on Form
10-D required to be filed in respect of the period covered by this report on Form 10-K of Honda Auto Receivables 2012-4 Owner Trust
(the “Exchange Act periodic reports”);



2. Based on my knowledge, the Exchange Act periodic reports, taken
as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by
this report;



3. Based on my knowledge, all of the distribution, servicing and
other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act
periodic reports;



4. I am responsible for reviewing the activities performed by the
servicers and based on my knowledge and the compliance reviews conducted in preparing the servicer compliance statements required
in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have
fulfilled their obligations under the servicing agreements in all material respects; and



5. All the reports on assessment of compliance with servicing criteria
for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed
securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and
15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of
noncompliance described in such reports have been disclosed in this report on Form 10-K.



In giving the certifications above, I have reasonably
relied on information provided to me by the unaffiliated party Citibank, National Association.







|Date: June 17, 2013                                  | 
|---------------------------------------------------- | 
|                                                     | 
|                                                     | 
|                                                     | 
|/s/ Paul C. Honda                                    | 
|Paul C. Honda Vice President and Assistant Secretary | 
|of American Honda Finance Corporation                | 
|(senior officer in charge of the servicing function) |
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 40149 Summary Calendar

UNITED STATES OF AMERICA,
Plaintiff

– Appellee,

v. DANIEL RIVERA

- HERNANDEZ,
Defendant

– Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:15

- CR

- 785

- 1

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before REAVLEY, OWEN, and ELROD, Circuit Judges

. PER CURIAM: * This case was remanded from the Supreme Court of the United States for further consideration in light of Sessions v. Dimaya , 138 S. Ct. 1204 (2018). We placed this case in abeyance while the decision in United States v. Reyes

-

* Pursuant to Fifth Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Fifth Circuit Rule 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 10, 2019 Lyle W. Cayce Clerk Case: 16-40149 Document: 00514910055 Page: 1 Date Filed: 04/10/2019No. 16

- 40149

2 Contreras , 910 F.3d 169 (5th Cir. 2018), was pending. After Reyes

- Contreras was issued, we requested supplemental briefs from the parties addressing the decision’s impact on Rivera

- Hernandez’s contention that his second

- degree conviction under Utah Code § 76

- 5

- 103 (1)(a) (1995)

— an offense requiring that

a person “intentionally cause[] serious bodily injury to another ” as an element

— is not a “crime of violence” under 18 U.S.C. § 16(a), and, thus, not an “aggravated felony” under 8 U.S.C. § 1101(a)(43)(F). Throughout his appeal, Rivera

- Hernandez has relied on United States v. Vargas

- Duran , 356 F.3d 598, 605 (5th Cir. 2004), overruled by Reyes

- Contreras , 910 F.3d at 183 , and maintained that causation of injury is not the same as the use of force. Rivera

- Hernandez concedes that Reyes

- Contreras precludes such an argument

. See 910 F.3d at 183 (eliminating the distinction between causing injury and using force). Nevertheless, Rivera

- Hernan dez continues to argue that the district court’s judgment should be vacated because, in his view, Reyes

- Contreras violates due process as it constitutes “an unforeseeable judicial enlargement of a criminal statute, applied retroactively, operat[ing ] precisely like an ex pose facto law.” Bouie v. City of Columbia , 378 U.S. 347, 353 (1964). This due process argument is foreclosed by United States v. Gomez , 917 F.3d 332, 334 (5th Cir. 2019) , which reject ed the same due process argument on the grounds that “ Reyes

- Contreras did not make previously innocent activities criminal” but “merely reconciled our circuit precedents with the Supreme Court’s decision in [ United States v. Castleman , 572 U.S. 157 (2014) ].” We AFFIRM the district court’s judgment. Case: 16-40149 Document: 00514910055 Page: 2 Date Filed: 04/10/2019
# L_2012189EN.01001001.xml

| 19.7.2012 | EN | Official Journal of the European Union | L 189/10 |
| --- | --- | --- | --- |

19.7.2012

EN

Official Journal of the European Union

L 189/10

---

COUNCIL DECISION

of 16 July 2012

appointing a Spanish member and a Spanish alternate member of the Committee of the Regions

(2012/406/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Spanish Government,

Whereas:

| (1) | On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. |
| --- | --- |

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

| (2) | A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Francisco ÁLVAREZ-CASCOS FERNÁNDEZ. An alternate member’s seat has become vacant following the end of the term of office of Mr José PORTILLA GONZALEZ, |
| --- | --- |

(2)

A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Francisco ÁLVAREZ-CASCOS FERNÁNDEZ. An alternate member’s seat has become vacant following the end of the term of office of Mr José PORTILLA GONZALEZ,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

| (a) | as member:






  — | Mr Javier FERNÁNDEZ FERNÁNDEZ, Presidente del Principado de Asturias; |
| --- | --- | --- |

(a)

as member:

—

Mr Javier FERNÁNDEZ FERNÁNDEZ, Presidente del Principado de Asturias;

and

| (b) | as alternate member:






  — | Mr Guillermo MARTÍNEZ SUÁREZ, Consejero de la Presidencia del Principado de Asturias. |
| --- | --- | --- |

(b)

as alternate member:

—

Mr Guillermo MARTÍNEZ SUÁREZ, Consejero de la Presidencia del Principado de Asturias.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 16 July 2012.

For the Council

The President

S. ALETRARIS

---

(1)  
  OJ L 348, 29.12.2009, p. 22.

1

(2)  
  OJ L 12, 19.1.2010, p. 11.

2

---
#                                                     Ben R  Dean                                            

###                         R&D Assistant Staff                    

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| 1.   | The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and |
|----------------|--------------------------------------------------------------------------------------------------------------|

| 2.   | The information contained in the Report fairly presents, in all material respects, the consolidated financial condition of the Company as of the dates presented and the consolidated result of operations of the Company for the periods presented. |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   By: |   /s/ Christopher Johns                                          |
|-----------------|----------------------------------------------------------------------------|
|  Name:     |  Christopher Johns                                                    |
|  Title:    |  Principal Executive Officer,Principal Financial Officer and Director |
|  Date:     |  April 19, 2010                                                       |
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 272 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 272

   To designate the Federal building located at 1301 Clay Street in 
  Oakland, California, as the ``Ronald V. Dellums Federal Building''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1999

 Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
   To designate the Federal building located at 1301 Clay Street in 
  Oakland, California, as the ``Ronald V. Dellums Federal Building''.

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

SECTION 1. DESIGNATION OF RONALD V. DELLUMS FEDERAL BUILDING.

    The Federal building located at 1301 Clay Street in Oakland, 
California, shall be known and designated as the ``Ronald V. Dellums 
Federal Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building referred to in 
section 1 shall be deemed to be a reference to the ``Ronald V. Dellums 
Federal Building''.
                                 <all>
```
#### Gvora, Respondent, vs. Carlson and another, Appellants.

*May 5*

June *7, 1949.*

*120For the appellants there was a brief by *Hughes & Anderson,*attorneys, and *John L. Davis*of counsel, all of Superior, and oral argument by *Mr. Davis*and *Mr. R. E. Anderson.*

*James C. McKay*of Superior, for the respondent.

Fairchild, J.

The question presented on this appeal is: Should the trial court have granted a directed verdict on the ground that, as a matter of law, the plaintiff was as negligent, if not more negligent, than the defendant ? It is considered that the answer should be in the affirmative. On any view of the facts plaintiff’s negligence is as great if not greater than the defendant’s.

Plaintiff had knowledge of and reason to apprehend the danger to which he subjected himself. He was fully aware of the manner in which he and defendant were attempting to get the truck over the slippery rail. He knew the position of the railroad car and of the truck, and he was responsible for his own position. Twice he had watched the truck slide two or three feet toward the railroad car as defendant attempted to drive it over the slippery track. Yet he deliberately placed himself in danger. Defendant’s negligence in not giving notice that he was going to start the truck, which was claimed by plaintiff and found by the jury, was not causal. Plaintiff was as fully aware of the danger as if he had been told by the defendant. *Giessel v. Columbia County,*250 Wis. 260, 26 N. W. (2d) 650.

The danger was one that developed by and with plaintiff’s acts. His position between the truck and the railroad car must be charged to his failure to exercise ordinary care for *121himself. Certainly on a comparison, the plaintiff’s negligence must be held to be equal to that of defendant.

The defendant was entitled to have his motion for a directed verdict granted. At the close of the trial the facts established as well as the jury’s finding of negligence on the part of both plaintiff and defendant “present a situation where it becomes the duty of the court to . . . consider the relative negligence of the parties. In so doing, we are compelled to conclude that the negligence of the plaintiff must be considered as a matter of law to be as great .as that of the defendant.” *Sikora v. Great Northern R. Co.*230 Wis. 283, 291, 282 N. W. 588, and cases cited therein.

*By the Court.*— Order reversed. Cause remanded with directions to enter judgment in favor of the defendants dismissing plaintiff’s complaint.
Exhibit 32.1

Certification of Principal Executive Officer

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of MAP Pharmaceuticals, Inc., a Delaware corporation (the Company), hereby certifies, to his knowledge, that:



| | (i) | the accompanying Quarterly Report on Form 10-Q of the Company for the period ended September 30, 2009 (the Report) fully complies with the requirements of
Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



/s/ TIMOTHY S. NELSONTimothy S. Nelson President, Chief Executive Officer and Director (Principal Executive Officer)


Dated: November 6, 2009

A signed original of this written statement required by Section 906 has been provided to MAP Pharmaceuticals, Inc. and will be retained
by MAP Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

Certification of Principal Financial Officer

Pursuant to 18 U.S.C. § 1350, as created by
Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of MAP Pharmaceuticals, Inc., a Delaware corporation (the Company), hereby certifies, to his knowledge, that:



| | (i) | the accompanying Quarterly Report on Form 10-Q of the Company for the period ended September 30, 2009 (the Report) fully complies with the requirements of
Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



/s/ CHRISTOPHER Y. CHAIChristopher Y. ChaiChief Financial Officer(Principal Financial Officer)


Dated: November 6, 2009

A signed original of this written statement required by Section 906 has been provided to MAP Pharmaceuticals, Inc. and will be retained
by MAP Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 31.1 Certification of 
Principal Executive Officer CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Toni A. Eldred, President and Chief Executive Officer of Coastline Corporate Services, Inc., a Florida corporation (the "Company"), certify that: 1.    I have reviewed this quarterly report on Form 10-Q of the Company; 2.     Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 3.     Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this report; 4.     The Companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and have: a)     Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; b)     Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and c)     Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the Companys most recent fiscal quarter (the Companys fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and 5.    The Companys other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Companys auditors and the audit committee of the Companys Board of Directors (or persons performing the equivalent functions): a)     All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Companys ability to record, process, summarize and report financial information; and b)     Any fraud, whether or not material, that involves management or other employees who have a significant role in the Companys internal control over financial reporting. Date: December 15, 2009 /s/ Toni A. EldredToni A. Eldred
Principal Executive Officer