alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
| (logo) WELLS FARGO | **Corporate Trust Services**

  MAC R1204-010  9062 Old Annapolis Road  Columbia, MD 21045  Tel: 410 884 2000  Fax: 410 715 2380 |
|--------------------|----------------------------------------------------------------------------------------------------------------------------------|

 

 

Re: Annual Statement ofCompliance for COMM2014-UBS5 Commercial Mortgage Pass- Through Certificates

 

 

Per the Pooling and ServicingAgreement dated as of September 1, 2014 (the "Agreement"), theundersigned, a duly authorized officer of Wells Fargo Bank, N.A., asCertificate Administrator ("Wells Fargo"), hereby certifies asfollows as of and for the year ending December 31, 2016 (the "ReportingPeriod"):

 

(a) A review of Wells Fargo'sactivities during the Reporting Period and of its performance under theAgreement has been made under such officer's supervision; and

 

(b) To the best of suchofficer's knowledge, based on such review, Wells Fargo has fulfilled all of itsobligations under the Agreement in all material respects throughout theReporting Period.

 

 

February 27, 2017

 

 

/s/Brian Smith

BRIAN SMITH

Vice President

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
# EUR-Lex - 32003D0362 - EN

Avis juridique important

*|*

# 32003D0362

**2003/362/EC: Commission Decision of 14 May 2003 repealing Decision 98/399/EC approving the plan for the eradication of classical swine fever in feral pigs in the province of Varese, Italy (Text with EEA relevance) (notified under document number C(2003) 1527) **

*
Official Journal L 124 , 20/05/2003 P. 0042 - 0042 *

Commission Decision

of 14 May 2003

repealing Decision 98/399/EC approving the plan for the eradication of classical swine fever in feral pigs in the province of Varese, Italy

(notified under document number C(2003) 1527)

(Only the Italian text is authentic)

(Text with EEA relevance)

(2003/362/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever(1), and in particular Article 16(1), thereof,

Whereas:

(1) In 1997 classical swine fever was confirmed in the feral pig population in the province of Varese, Italy.

(2) A plan for the eradication of classical swine fever was approved by Commission Decision 98/399/EC of 8 June 1998 approving the plan presented by Italy for the eradication of classical swine fever in feral pigs in the province of Varese(2).

(3) Italy has submitted information suggesting that classical swine fever has been successfully eradicated from the province of Varese.

(4) The Italian authorities will continue an intensive surveillance on classical swine fever in feral pigs in the framework of the programme for the eradication and monitoring of swine vesicular disease and classical swine fever approved by Commission Decision 2002/943/EC of 28 November 2002 approving programmes for the eradication and monitoring of certain animal diseases and for the prevention of zoonoses presented by the Member States for the year 2003(3).

(5) It is therefore appropriate to repeal Decision 98/399/EC.

(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Decision 98/399/EC is repealed.

Article 2

This Decision is addressed to the Italian Republic.

Done at Brussels, 14 May 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 316, 1.12.2001, p. 5.

(2) OJ L 176, 20.6.1998, p. 36.

(3) OJ L 326, 3.12.2002, p. 12.
#### MAXCREST LIMITED, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

No. 16-16587

United States Court of Appeals, Ninth Circuit.

Submitted November 16, 2017 * San Francisco, California

Filed November 20, 2017

George Dominic Niespolo, Attorney, Duane Morris LLP, San Francisco, CA, Thomas W. Ostrander, Esquire, Duane Morris, LLP, Philadelphia, PA, for Petitioner-Appellant

Michael J. Haungs, Deborah Krauss Snyder, Esquire, Attorney, DOJ — U.S. Department of Justice, Tax Division/Appellate Section, Washington, DC, for Respondent-Appellee

Before: RAWLINSON and BYBEE, Circuit Judges, and FRIEDMAN,** District Judge.

*

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

**

 The Honorable Paul L. Friedman, United States District Judge for the District of Columbia, sitting by designation.

MEMORANDUM ***

Maxcrest Ltd. alleges that the government issued and reissued a summons in bad faith, because only on reissue was it *537given notice and opportunity to complain that the summons was issued in bad faith. Bad faith exists where a summons is issued without a legitimate or proper purpose, to abuse a court’s process, to harass a taxpayer, to improperly use the requested information, or otherwise to go fishing. *United States v. Clarke,*— U.S. —, 134 S.Ct. 2361, 2367, 189 L.Ed.2d 330 (2014); *United States v. Powell,*379 U.S. 48, 57-58, 85 S.Ct. 248, 13 L.Ed.2d 112 (1964); *United States v. Jose,*131 F.3d 1325, 1328 (9th Cir. 1997); *Liberty Fin. Servs. v. United States,*778 F.2d 1390, 1392-93 (9th Cir. 1985). The government reissued the summons so that Maxcrest could have its opportunity to complain. Finally armed with that opportunity, Maxcrest now fails to allege even a single improper purpose behind either summons. The district court’s order is thus

AFFIRMED.

***

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 35 Agreed to Senate (ATS)]

104th CONGRESS
  1st Session
S. RES. 35

Making majority party appointments to the Small Business Committee for 
                    the One Hundred Fourth Congress.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

              January 6 (legislative day, January 5), 1995

 Mr. Dole submitted the following resolution; which was considered and 
                               agreed to

_______________________________________________________________________

                               RESOLUTION

 
Making majority party appointments to the Small Business Committee for 
                    the One Hundred Fourth Congress.

    Resolved, That the following shall constitute the majority party's 
membership on the following Senate committee for the One Hundred Fourth 
Congress, or until their successors are appointed:
    Small Business: Mr. Bond, Mr. Pressler, Mr. Burns, Mr. Mack, Mr. 
Coverdell, Mr. Kempthorne, Mr. Bennett, Mrs. Hutchison, Mr. Warner, and 
Mr. Frist.
                                 <all>
```
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-50140

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

MARIE DOROTHY CERVANTES, also known as Maria Cervantes,

Defendant – Appellant.

Appeals from the United States District Court

for the Western District of Texas

USDC No. 7:17-CR-170-2

Before KING, ELROD, and WILLETT, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Marie Dorothy Cervantes has 

moved for leave to withdraw and has filed a brief in accordance with Anders v. 

California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th 

Cir. 2011). Cervantes has filed a response. The record is not sufficiently 

developed to allow us to make a fair evaluation of Cervantes’s claim of 

ineffective assistance of counsel; we therefore decline to consider the claim

without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 

841 (5th Cir. 2014). 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

October 29, 2018

Lyle W. Cayce

Clerk

 Case: 18-50140 Document: 00514701297 Page: 1 Date Filed: 10/29/2018
No. 18-50140

2

We have reviewed counsel’s brief and the relevant portions of the record 

reflected therein, as well as Cervantes’s response. We concur with counsel’s 

assessment that the appeal presents no nonfrivolous issue for appellate review. 

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is 

excused from further responsibilities herein, and the APPEAL IS DISMISSED.

See 5TH CIR. R. 42.2.

 Case: 18-50140 Document: 00514701297 Page: 2 Date Filed: 10/29/2018
1

The Honorable Ortrie D. Smith, United States District Judge for the Western

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 07-3556

___________

United States of America, *

*

Appellee, *

*

v. * Appeal from the United States

* District Court for the

Leonard Bieri, III, * Western District of Missouri.

*

Appellant. * [UNPUBLISHED]

___________

Submitted: November 14, 2008

Filed: December 5, 2008

___________

Before MELLOY, COLLOTON, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

Leonard Bieri appeals the district court’s1

 denials of his Federal Rule of

Criminal Procedure 41(g) motion for return of property, his motion for

reconsideration, and his “motion for ruling.” We conclude that Bieri’s Rule 41(g)

motion was properly denied because, under the law-of-the-case doctrine, he was

precluded from claiming lawful entitlement to the property in light of this court’s prior

decisions in United States v. Bieri, 21 F.3d 819, 820, 823-25 (8th Cir. 1994)

(instructing district court to treat property as single unit under 21 U.S.C. § 853(a)),
-2-

and United States v. Bieri, 68 F.3d 232, 235, 238 (8th Cir. 1995) (holding that

forfeiture under § 853(a) was warranted given district court’s prior finding that

property was used to facilitate drug-trafficking offenses; remanding for entry of

forfeiture order). See Jackson v. United States, 526 F.3d 394, 396-97 (8th Cir. 2008)

(review standard; noting that Rule 41(g) motion is properly denied if movant is not

entitled to lawful possession of seized property or property is subject to forfeiture);

United States v. Huber, 462 F.3d 945, 953 (8th Cir. 2006) (law-of-the-case doctrine

requires trial court to follow decision of appellate court with respect to all issues

addressed by that opinion). Moreover, upon careful review of Bieri’s arguments, we

conclude that no exception to the law-of-the-case doctrine is warranted. See United

States v. Bartsh, 69 F.3d 864, 866 (8th Cir. 1995) (decision in prior appeal must be

followed in later proceedings unless party introduces substantially different evidence

or prior decision is clearly erroneous and works manifest injustice).

We also conclude that the district court properly dismissed Bieri’s motion to

reconsider because he was not entitled to an evidentiary hearing on his Rule 41(g)

motion, see United States v. Felici, 208 F.3d 667, 670 (8th Cir. 2000) (district court

need not hold evidentiary hearing when it is apparent that person seeking return of

property is not lawfully entitled to own or possess property), and that the district court

appropriately denied Bieri’s “motion for ruling” because it raised issues that were

moot.

Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-16-00335-CR

Donald Fitzgerald Davis a/k/a 

Donald F. Davis

v.

The State of Texas

§

§

§

§

§

From the 372nd District Court

of Tarrant County (1386193D)

August 3, 2017

Opinion by Justice Gabriel

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

By /s/ Lee Gabriel

 Justice Lee Gabriel
##### 



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 Loral
Space & Communications Ltd. (the Company) on
Form 10-Q for the period ending June 30, 2004 as filed
with the Securities and Exchange Commission on the date hereof
(the Report), I, Bernard L. Schwartz, 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
    condition and results of operations of the Company.



| |                        
| | -----------------------
| | /s/ BERNARD L. SCHWARTZ
| |                        
| | Bernard L. Schwartz    
| | Chief Executive Officer

August 5, 2004
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Lihui Song, the Chief Executive Officer of Golden Elephant Glass Technology, Inc. (the Company), DOES HEREBY CERTIFY that:

1.    The Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2009 (the Report), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and

2.    Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.

IN WITNESS WHEREOF, each of the undersigned has executed this statement this 14th day of August 2009

/s/ Lihui SongLihui Song 
Chief Executive Officer 
(Principal Executive Officer)

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

The forgoing certification is being furnished to the Securities and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be
incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

---
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 30 Agreed to Senate (ATS)]

104th CONGRESS
  1st Session
S. RES. 30

  A resolution making majority party appointments to certain Standing 
            Committees for the One Hundred Fourth Congress.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 5, 1995

 Mr. Grassley (for Mr. Dole) submitted the following resolution; which 
                      was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
  A resolution making majority party appointments to certain Standing 
            Committees for the One Hundred Fourth Congress.

    Resolved, That the following shall constitute the majority party's 
membership on the following standing committees for the One Hundred 
Fourth Congress, or until their successors are chosen:
    Committee on Energy and Natural Resources: Mr. Murkowski, Mr. 
Hatfield, Mr. Domenici, Mr. Nickles, Mr. Craig, Mr. Thomas, Mr. Kyl, 
Mr. Grams, Mr. Jeffords, and Mr. Burns.
    Committee on Environment and Public Works: Mr. Chafee, Mr. Warner, 
Mr. Smith, Mr. Faircloth, Mr. Kempthorne, Mr. Inhofe, Mr. Thomas, Mr. 
McConnell, and Mr. Bond.
    Committee on Foreign Relations: Mr. Helms, Mr. Lugar, Mrs. 
Kassebaum, Mr. Brown, Mr. Coverdell, Ms. Snowe, Mr. Thompson, Mr. 
Thomas, Mr. Grams, and Mr. Ashcroft.
                                 <all>
```
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), as
applicable, of the Securities Exchange Act of 1934; and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date: March 31, 2009
    
    By:
    
    /s/ Chad C. BraunName:
    
    Chad C. BraunTitle
    
    Executive Vice President, Chief
Financial Officer, Treasurer and
Secretary of AmREIT Monthly Income &
Growth IV Corporation, the General
Partner of AmREIT Monthly Income &
Growth Fund IV, L.P.
#### UNITED STATES of America, Plaintiff-Appellee, v. Son V. TRAN, Defendant-Appellant.

No. 16-30226

United States Court of Appeals, Ninth Circuit.

Argued and Submitted December 7, 2017 Seattle, Washington

Filed December 14, 2017

Charlene Koski, Assistant U.S. Attorney, Helen J. Brunner, Esquire, Assistant U.S. Attorney, Vincent Thomas Lombardi, II, Esquire, Assistant U.S. Attorney, DOJ-Office of the U.S. Attorney, Seattle, WA, for Plaintiff-Appellee

Brent Aldrich Hart, Attorney, Law Office of Brent Hart, Seattle, WA, Kristen Virginia Murray, Attorney, Hart Jarvis Chang PLLC, Seattle, WA, for Defendant-Appellant

Before: HAWKINS, McKEOWN, and CHRISTEN, Circuit Judges.

MEMORANDUM *

Defendant Son Tran (“Tran”) appeals his conviction on multiple counts of drug distribution and conspiracy, following a nine-day jury trial. He contends the court erred by permitting Detective Brandon James (“James”) to testify as both an ex*407pert and percipient witness without properly instructing the jury how to evaluate such “dual role” testimony. *See United States v. Vera,*770 F.3d 1232, 1246 (9th Cir. 2014).

At trial, there was no objection to James’s testimony on this basis and no request for a curative instruction; the alleged error is thus reviewed for plain error, and Tran bears the burden of establishing that any error affected his substantial rights. *United States v. Olano,*507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). Even assuming James’s testimony impermissibly mixed lay and expert opinions, and that the court erred by not giving the jury a specific instruction on the dual role testimony, Tran cannot establish that the alleged error was prejudicial. There was a plethora of other evidence supporting the convictions, including videos, wiretap recordings, surveillance photos, as well as testimony by both an informant and a co-defendant that largely duplicated the detective’s testimony. *See United States v. Torralba-Mendia,*784 F.3d 652, 661-62 (9th Cir. 2015). The error did not have a reasonable probability of affecting the outcome of the trial. *Id.*at 661.

AFFIRMED.

*

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
III

104TH CONGRESS

1ST SESSION S. RES. 181

Relating to the appointment of Senate Legal Counsel.

IN THE SENATE OF THE UNITED STATES

OCTOBER 12 (legislative day, OCTOBER 10), 1995

Mr. DOLE (for himself and Mr. DASCHLE) submitted the following resolution;

which was considered and agreed to

RESOLUTION

Relating to the appointment of Senate Legal Counsel.

1 Resolved, That the appointment of Thomas B. Grif2 fith to be Senate Legal Counsel, made by the President

3 pro tempore this day, shall become effective as of October

4 24, 1995, and the term of service of the appointee shall

5 expire at the end of the One Hundred Fifth Congress.

Æ
III

104TH CONGRESS

2D SESSION S. RES. 276

Congratulating the people of Mongolia on embracing democracy in Mongolia

through their participation in the parliamentary elections held on June

30, 1996.

IN THE SENATE OF THE UNITED STATES

JULY 8, 1996

Mr. ROBB (for himself, Mr. THOMAS, Mr. PELL, Mr. HATFIELD, and Mr.

BUMPERS) submitted the following resolution; which was referred to the

Committee on Foreign Relations

JULY 24, 1996

Reported by Mr. HELMS, without amendment

SEPTEMBER 6, 1996

Considered and agreed to

RESOLUTION

Congratulating the people of Mongolia on embracing democracy in Mongolia through their participation in the parliamentary elections held on June 30, 1996.

Whereas Mongolia conducted elections on June 30, 1996, for

its unicameral national parliament, the Great Hural;

Whereas Mongolian voters cast their ballots in a peaceful and

orderly fashion at 1590 polling places, choosing from

among 351 candidates representing 11 different parties

and coalitions;
2

SRES 276 ATS

Whereas the primary issues facing Mongolian voters were the

scope and pace of continued democratization and economic liberalization;

Whereas the former Communist Mongolian People’s Revolutionary Party (MPRP) suffered a dramatic and unexpected loss at the polls, and the Democratic Union Coalition won majority control of the Great Hural;

Whereas the Democratic Union Coalition espoused a policy of

strengthening democratic institutions, implementing free

market economic reforms, and strengthening the independence of the judiciary;

Whereas voter turnout exceeded 87 percent according to preliminary reports;

Whereas an international election observation team led by

former Secretary of State James A. Baker traveled to

nine different areas of Mongolia to observe pre-election

day preparations and Mongolian citizens voting on election day; and

Whereas the United States election observers judged the election to be free, peaceful, and fair, with the results respected by all sides: Now, therefore, be it

1 Resolved, That the Senate hereby congratulates the

2 people of Mongolia for—

3 (1) overwhelmingly embracing democracy

4 through their participation in the June 30, 1996,

5 elections for the national parliament, the Great

6 Hural;

7 (2) conducting free, fair, and credible elections;
3

SRES 276 ATS

1 (3) continuing to build on the progress of the

2 past and moving further away from their previous

3 dependence on a communist system; and

4 (4) serving as an example to the peoples of

5 East Asia who seek further democratization of their

6 countries.

7 SEC. 2. The Secretary of the Senate shall transmit

8 a copy of this resolution to the President with the request

9 that he further transmit such copy to the Government of

10 Mongolia.

Æ