alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Saul Barrios PEREZ, Plaintiff-Appellant, v. DILL, Assistant Warden; et al., Defendants-Appellees.

No. 16-15558

United States Court of Appeals, Ninth Circuit.

Submitted May 8, 2017 *

Filed May 17, 2017

Saul Barrios Perez, Pro Se

Jonathan B. Paul, Esquire, Jesse Rivera & Associates, Sacramento, CA, for Defendants-Appellees

Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges.

*

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

MEMORANDUM ***

California state prisoner Saul Barrios Perez appeals pro se from the district court’s judgment following a jury verdict in favor of defendants in his 42 U.S.C. § 1983 action alleging conditions of confinement claims. We have jurisdiction under 28 U.S.C. § 1291. We review “independently and non-deferentially a challenge to the composition of grand and petit juries,” *Thomas v. Borg,*159 F.3d 1147, 1149 (9th Cir. 1998) (citation and internal quotation marks omitted), and for an abuse of discretion a district court’s sanctions under Federal Rule of Civil Procedure 16(f). We affirm.

Contrary to Perez’s arguments that the composition of his civil jury violated the Sixth and Fourteenth Amendments, there is no evidence in the record showing that there was a discriminatory intent in composing the jury or that there was a distinctive group in the community that was systemically excluded from the jury process. *1014*See Thomas,*159 F.3d at 1149-50 (requirements for Sixth and Fourteenth Amendment challenges to a jury composition).

The district court did not plainly err in failing to deny sua sponte defendants’ peremptory challenges as improperly motivated by race because there were race-neutral reasons for the exclusion of those jurors. *See United States v. Contreras-Contreras,*83 F.3d 1103, 1104-06 (9th Cir. 1996) (standard of review and explanation of plain error standard).

The district court did not abuse its discretion in sanctioning Perez for failing to comply with its scheduling order because Perez failed to file his pretrial statement in a timely manner. *See*Fed. R. Civ. P. 16(f) (permitting court to sua sponte issue sanctions based on party’s failure to comply with pretrial order); *see also Wong v. Regents of the Univ. of Cal.*410 F.3d 1052, 1060 (9th Cir. 2005) (standard of review).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

***

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
#### UNITED STATES of America, Plaintiff-Appellee v. John Craig ZIMMERMAN, Defendant-Appellant

No. 17-40037 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed November 6, 2017

James Lee Turner, Assistant U.S. Attorney, Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee

John Craig Zimmerman, Pro Se

Before REAVLEY, PRADO, and GRAVES, Circuit Judges.

PER CURIAM: *

John Craig Zimmerman, federal prisoner # 71281-179, appeals the district court’s denial of his petition for a writ of audita *370querela challenging the substantive reasonableness of the cumulative 300-month sentence imposed following his convictions for enticing a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, receiving child pornography, and possessing child pornography. Zimmerman argues that he is entitled to relief in light of recent studies showing that recidivism rates for sex offenders are not as high as previously thought.

Although the district court did not explain its decision denying Zimmerman’s request for relief, Zimmerman cannot challenge the reasonableness of his sentence through a writ of audita querela. *See United States v. Miller,*599 F.3d 484, 488 (5th Cir. 2010). Further, although Zimmerman has filed a letter pursuant to Federal Rule of Appellate Procedure 28 (j), we decline to address the issue raised therein because it is raised for the first time and relies on cases available before Zimmerman filed his opening brief.

The district court’s judgment is AFFIRMED.

*

 Pursuant to 5th Cir. R. 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 5th Cir. R. 47.5.4.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM INTERNALLY
PREPARED CONSOLIDATED FINANCIAL STATEMENTS FOR THE 9 MONTHS ENDED APRIL 30, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FORM 10-Q FOR PERIOD ENDED
APRIL 30, 1999.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUL-31-1999
<PERIOD-START>                             AUG-01-1998
<PERIOD-END>                               APR-30-1999
<CASH>                                          29,657
<SECURITIES>                                    22,294
<RECEIVABLES>                                   52,786
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               114,156
<PP&E>                                           9,209
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 301,245
<CURRENT-LIABILITIES>                           30,624
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       127,033
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   301,245
<SALES>                                              0
<TOTAL-REVENUES>                               274,463
<CGS>                                                0
<TOTAL-COSTS>                                  191,618
<OTHER-EXPENSES>                                57,390
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,431
<INCOME-PRETAX>                                 23,024
<INCOME-TAX>                                    10,159
<INCOME-CONTINUING>                             12,865
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,865
<EPS-BASIC>                                      .91<F1>
<EPS-DILUTED>                                      .87<F2>
<FN>
<F1>EPS IS REPORTED AS "BASIC EPS," AS PRESCRIBED BY SFAS NO. 128
<F2>EPS IS REPORTED AS "DILUTED EPS," AS PRESCRIBED BY SFAS NO. 128
</FN>


</TABLE>
Exhibit 35.5

SERVICER COMPLIANCE CERTIFICATE

PURSUANT TO ITEM 1123 OF REGULATION AB UNDER THE

SECURITIES EXCHANGE ACT OF 1934

|   | Re: | HSBC Automotive Trust (USA) 2006-3 |
|--------|-----|------------------------------------|

I, David Grimme, Chief Operating Officer of HSBC Electronic Data Processing (Philippines) Inc. (the “Company”), pursuant to Item 1123 of Regulation AB under the Securities Act of 1934, as amended, and Section 4.10(a) of the Sale and Servicing Agreement, dated as of November 1, 2006 (the “Agreement”), among HSBC Automotive Trust (USA) 2006-3, as Issuer, HSBC Auto Receivables Corporation, as Seller, HSBC Finance Corporation, as Servicer, The Bank of New York Trust Company, N.A., as Indenture Trustee, and HSBC Bank USA, National Association, as Administrator, hereby certify that:

 

|   | 1. | A review of the activities of the Company from November 1, 2006 through December 31, 2006 and of its performance under the Agreement has been made under my supervision; and |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | 2. | To the best of my knowledge, based on my review, the Company has fulfilled all of its obligations under the Agreement in all material respects throughout the reporting period referred to above except as set forth below: |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | NONE |
|--------|------|

 

IN WITNESS WHEREOF, I have signed this certificate on behalf of the Company this 5th  day of March 2007.                   

 

HSBC Electronic Data Processing (Philippines) Inc.

 

|   | By: | /s/ David Grimme |
|--------|-----|------------------|

|   | Name: | David Grimme |
|--------|-------|--------------|

|   | Title: | Chief Operating Officer |
|--------|--------|-------------------------|
Exhibit 35.1

                                                          [LOGO] IndymacBank(SM)


                       REG AB 1123 Statement of Compliance

I am an authorized officer for IndyMac Bank, F.S.B, the servicer for the
transaction listed below and I certify:

a)    A review of IndyMac Bank's activities during the reporting period and of
      its performance under the applicable servicing agreement has been made
      under my supervision.

b)    To the best of my knowledge, based on such review, except as set forth
      below IndyMac Bank has fulfilled all of its obligations under the
      agreement in all material respects throughout the reporting period.

c)    None


                                By: /s/ Robert M. Abramian
                                    ----------------------
                                    Robert M. Abramian
                                    First Vice President
                                    Home Loan Servicing
                                    Investor Reporting
                                    Indymac Bank


                                By: /s/ Barbara Perez
                                    ----------------------
                                    Barbara Perez
                                    Senior Vice President
                                    Indymac Bank



Prepared for:   Deutsche Bank

Date:           February 28, 2007

Ref:            6013 - RAST 2006-A15 COUNTRYWIDE



                                                             www.indymacbank.com


             460 Sierra Madre Villa Ave., Pasadena, CA 91107   Tel: 626.535.5555
February 28, 2007

Ms. Kristen Driscoll
Citibank, N.A.
388 Greenwich Street 14th Floor
New York, NY 10013


RE:     Officer's Certificate - Annual Statement as to Compliance

     PHH Mortgage Capital LLC, Series:  PHHMC 2006-4

Dear Ms. Driscoll:

The undersigned officer certifies the following for PHH Mortgage Corporation
(the "Master Servicer") for the 2006 calendar year.

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of its performance under the Pooling and Servicing
Agreement, dated as of November 1, 2006, among PHH Mortgage Capital LLC, PHH
Mortgage Corporation and Citibank, N.A. (the "Pooling and Servicing
Agreement") has been made under my supervision.

(ii) To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Pooling and Servicing Agreement
in all material respects throughout such year, except as noted in (iii) below.

(iii) During the months of July, August, and September, 2006 the Master
Servicer's minimum coverage requirement on its fidelity bond exceeded its $160
million bond by amounts ranging up to approximately $1.3 million.  Effective
September 27, 2006, the Master Servicer's fidelity bond was increased to $170
million.


Certified by:

/s/ Marc J. Hinkle
--------------------------------
Officer - Marc J. Hinkle
Vice President - Loan Servicing
PHH Mortgage Corporation
II

104TH CONGRESS

1ST SESSION S. 809

To amend the Trade Act of 1974 to limit the eligibility for treatment under

the generalized system of preferences in the case of countries that support international acts of terrorism, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 16 (legislative day, MAY 15), 1995

Mr. LAUTENBERG (for himself, Mr. HELMS, and Mr. BRADLEY) introduced

the following bill; which was read twice and referred to the Committee

on Finance

A BILL

To amend the Trade Act of 1974 to limit the eligibility

for treatment under the generalized system of preferences in the case of countries that support international acts of terrorism, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. LIMITATION ON DESIGNATION AS BENE4 FICIARY DEVELOPING COUNTRY.

5 Section 502(b)(6) of the Trade Act of 1974 (19

6 U.S.C. 2462(b)(6)) is amended to read as follows:

7 ‘‘(6) if—
2

•S 809 IS

1 ‘‘(A) such country aids or abets, by grant2 ing sanctuary from prosecution to, any individ3 ual or group which committed an act of inter4 national terrorism, or

5 ‘‘(B) the Secretary of State makes a deter6 mination with respect to such country under

7 section 6(j)(1)(A) of the Export Administration

8 Act of 1979; and’’.

Æ
# EUR-Lex - 32001R2511 - EN

Avis juridique important

*|*

# 32001R2511

**Commission Regulation (EC) No 2511/2001 of 20 December 2001 amending Council Regulation (EC) No 32/2000 in order to extend the Community tariff quotas for jute and coconut-fibre products **

*
Official Journal L 339 , 21/12/2001 P. 0017 - 0017 *

Commission Regulation (EC) No 2511/2001

of 20 December 2001

amending Council Regulation (EC) No 32/2000 in order to extend the Community tariff quotas for jute and coconut-fibre products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 32/2000 of 17 December 1999 opening and providing for the administration of Community tariff quotas bound in GATT and certain other Community tariff quotas and establishing detailed rules for adjusting the quotas, and repealing Council Regulation (EC) No 1808/95(1), and in particular the second indent of Article 9(1)(b),

Whereas:

(1) In accordance with the offer it made within the United Nations Conference on Trade and Development (Unctad) and alongside its scheme of generalised preferences (GSP), the Community introduced tariff preferences in 1971 for jute and coconut-fibre products originating in certain developing countries; these preferences took the form of a gradual reduction of Common Customs Tariff duties and, from 1978 to 31 December 1994, the complete suspension of these duties.

(2) Since the entry into force of the new GSP scheme on 1 January 1995, the Community has, alongside the GATT, opened autonomous zero-duty Community tariff quotas for specific quantities of jute and coconut-fibre products until 31 December 2001 by Council Regulation (EC) No 764/96(2), as amended by Regulations (EC) No 1401/98(3) and (EC) No 32/2000. Since the GSP scheme will be extended until 31 December 2004 by a Council Regulation, the arrangement for jute and coconut-fibre products should also be extended until 31 December 2004.

(3) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The phrase, for serial numbers 09.0107, 09.0109 and 09.0111, in the fifth column ("Quota period") of Annex III to Regulation (EC) No 32/2000, "from 1.1.2000 to 31.12.2000 and from 1.1.2001 to 31.12.2001" shall be replaced by the phrase "from 1.1.2002 to 31.12.2002, from 1.1.2003 to 31.12.2003 and from 1.1.2004 to 31.12.2004".

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply from 1 January 2002.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2001.

For the Commission

Frederik Bolkestein

Member of the Commission

(1) OJ L 5, 8.1.2000, p. 1.

(2) OJ L 104, 27.4.1996, p. 1.

(3) OJ L 188, 2.7.1998, p. 1.
#### Patricia REED, Plaintiff-Appellant v. MADISON COUNTY, MISSISSIPPI, Defendant-Appellee

No. 17-60433 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed November 21, 2017

Robert Nicholas Norris, Louis Hanner Watson, Jr., Esq., Watson & Norris, *350P.L.L.C., Jackson, MS, for Plaintiff-Appellant

Timothy Meade Threadgill, William Mackin Johnson, Butler Snow, L.L.P., Ridgeland, MS, for Defendant-Appellee

Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

Plaintiff-Appellant Patricia Reed, an African-American formerly employed by the detention center operated by Defendant-Appellee Madison County, Mississippi, appeals the summary judgment of the district court that dismissed Reed’s claim of racial discrimination in her firing. Reed’s appeal is based on her assertion of pretext in the County’s denial of racial discrimination in hiring a Caucasian to replace Reed. The district court determined that there was no genuine issue of material fact in Reed’s claim of pretext and granted the County’s Motion for Summary Judgment, dismissing Reed’s action. .

We have now reviewed the record on appeal, including the briefs of the parties and the district court’s extensive Opinion and Order of May 9, 2017, and we are' satisfied that the district court’s reasoning and conclusion are not merely free of error, but support its Final Judgment dismissing Reed’s action with prejudice. We affirm that judgment for essentially the same reasons set forth in the district court’s Opinion and Order.

AFFIRMED.

*

 Pursuant to 5th Cm. R. 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 5th Cir. R. 47A.4.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5986 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 5986

To amend the Small Business Act to ensure small businesses affected by 
 the onset of transmissible diseases are eligible for disaster relief.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2016

    Mr. Curbelo of Florida introduced the following bill; which was 
              referred to the Committee on Small Business

_______________________________________________________________________

                                 A BILL

 
To amend the Small Business Act to ensure small businesses affected by 
 the onset of transmissible diseases are eligible for disaster relief.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Relief from Disease 
Induced Economic Hardship Act of 2016''.

SEC. 2. DEFINITIONS.

    (a) In General.--Section 3(k)(1) of the Small Business Act (15 
U.S.C. 632(k)(1)) is amended by inserting ``, onset of transmissible 
diseases for which the Federal Government issues a public health 
advisory or declaration,'' after ``civil disorders''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to the onset of a transmissible disease for which the Federal 
Government issues a public health advisory or declaration--
            (1) that commences before, on, or after the date of 
        enactment of this Act; and
            (2) the effects of which are experienced on or after the 
        date of enactment of this Act.
                                 <all>
```
Exhibit 35
                                   ----------


                       COUNTRYWIDE HOME LOANS SERVICING LP


                              OFFICERS' CERTIFICATE
                     ANNUAL STATEMENT OF THE MASTER SERVICER


                                   CWALT, INC.
                        ALTERNATIVE LOAN TRUST 2006-35CB
              MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-35CB


     The undersigned does hereby certify that the undersigned is an officer of
Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP
(the "Master Servicer"), and does hereby further certify pursuant to Section
3.16 of the Pooling and Servicing Agreement for the above-captioned Series (the
"Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under my supervision; and

(ii) To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout such calendar year.




/s/ Craig Baingo                                      Dated: March 14, 2007
-----------------

Craig Baingo
Executive Vice President, Finance
[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Page 14000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05166]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Combined Notice of Filings

    Take notice that the Commission has received the following Natural 
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP22-678-000.
    Applicants: Hummel Generation, LLC, Hummel Generation, LLC v. UGI 
Sunbury, LLC.
    Description: Complaint of Hummel Generation, LLC v. UGI Sunbury, 
LLC.
    Filed Date: 3/4/22.
    Accession Number: 20220304-5238.
    Comment Date: 5 p.m. ET 3/16/22.

    Any person desiring to intervene or protest in any of the above 
proceedings must file in accordance with Rules 211 and 214 of the 
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 
p.m. Eastern time on the specified comment date. Protests may be 
considered, but intervention is necessary to become a party to the 
proceeding.
    The filings are accessible in the Commission's eLibrary system 
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying 
the docket number.
    eFiling is encouraged. More detailed information relating to filing 
requirements, interventions, protests, service, and qualifying 
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 
(toll free). For TTY, call (202) 502-8659.

    Dated: March 7, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-05166 Filed 3-10-22; 8:45 am]
BILLING CODE 6717-01-P