alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Official Journal C 60/2014

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2014.060.eng |
| --- | --- |
| Official Journal
  of the European Union | C 60 |
| | |
| English edition | Information and Notices | Volume 571 March 2014 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2014.060.eng

Official Journal

of the European Union

C 60

English edition

Information and Notices

Volume 571 March 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 060/01 | Non-opposition to a notified concentration (Case COMP/M.7124 — CPPIB/INTU/Parque Principado) (1) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 060/01

Non-opposition to a notified concentration (Case COMP/M.7124 — CPPIB/INTU/Parque Principado) (1)

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 060/02 | Euro exchange rates | 2 |
| 2014/C 060/03 | Advisory Committee on mergers 13 May 2013 — Case COMP/M.6690 — Syniverse/Mach — Rapporteur: France | 3 |
| 2014/C 060/04 | Final report of the Hearing Officer — Syniverse/Mach (COMP/M.6690) | 5 |
| 2014/C 060/05 | Summary of Commission Decision of 29 May 2013 declaring a concentration compatible with the internal market and the functioning of the EEA Agreement (Case COMP/M.6690 — Syniverse/Mach) (notified under document C(2013) 3114)
   (1) | 7 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 060/02

Euro exchange rates

2

2014/C 060/03

Advisory Committee on mergers 13 May 2013 — Case COMP/M.6690 — Syniverse/Mach — Rapporteur: France

3

2014/C 060/04

Final report of the Hearing Officer — Syniverse/Mach (COMP/M.6690)

5

2014/C 060/05

Summary of Commission Decision of 29 May 2013 declaring a concentration compatible with the internal market and the functioning of the EEA Agreement (Case COMP/M.6690 — Syniverse/Mach) (notified under document C(2013) 3114)
   (1)

(notified under document C(2013) 3114)

7

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2014/C 060/06 | Prior notification of a concentration (Case COMP/M.7165 — GVI/LBEIP/OHL/Phunciona) — Candidate case for simplified procedure (1) | 17 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2014/C 060/06

Prior notification of a concentration (Case COMP/M.7165 — GVI/LBEIP/OHL/Phunciona) — Candidate case for simplified procedure (1)

17

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
J

- A28025

- 17

NON - PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA

v.

DAMEN JAROD DRAKEFORD

Appellant : : : : : : : : : IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 851 EDA 2017 Appeal from the Judgment of Sentence February 2, 2017 In the Court of Common Pleas of Monroe County Criminal Division at No(s): CP

- 45

- CR

- 0002309

- 2016

BEFORE: GANTMAN, P.J., PANELLA, J., and DUBOW, J. JUDGMENT ORDER BY PANELLA, J. FILED JULY 13, 2018
Dame n Jarod Drakeford entered an open guilty plea to forgery, 18 Pa.C.S.A. § 4101(a)(3), graded as a third

- degree felony. The written guilty plea and colloquy ha s Drakeford’s prior record score as two and sets forth the
st andard range guideline sentence as restorative sanctions to nine months. See Written Guilty Plea and Colloquy, fil ed 12/1/16, at 1 ¶ 2. It also informed him of the maximum penalty. At sentencing, however, Drakeford’s counsel explained that “unfortunately” the prior record score in the written guilty plea and colloquy was incorrect and Drakeford’s prior record score was not two, but five. N.T., Sentencing, 2 /2/17, at 2

- 3. That made the standard range guideline sentence not restorative sanctions to nine month s, but six to sixteen months. See id ., at 3. See also 204 Pa. Code § 303.16(a). Basic Sentencing Matrix , 7th Edition Amendment 3 (9/25/15). The matter proceeded and t he court imposedJ

- A28025

- 17

- 2

-

a sentence of twelve to 36 months, a sentence within the standard range of the guidelines. At this proceeding, Drakeford never moved to withdraw his guilty plea. Nor did he lodge any objection. And he did not later file a post

sentence motion. On appeal, Drakeford asserts that the sentencing court abused i ts discretion when it failed to advise him at sentencing that he was entitled to withdraw his guilty plea given the erroneous prior record score in the written guilty plea and colloquy. Drakeford acknowledges that t his proposed obligation on the sentencing court “may constitute a new area of review by the court....” Appellant’s Brief, at 12. It would. But Drakeford’s argument fails for another reason: He did not preserve this issue for our review. “In order to preserve an issue related to the guilty plea, an appellant must either object at the sentence colloquy or otherwise raise the issue at the sentencing hearing or through a post

- sentence motion.” Commonwealth v. Tareila , 895 A.2d 1266, 1270 n.3 (Pa. Super. 2006) (citation, brackets , and internal quotation marks omitted). As mentioned, Drakeford did none of these things

. Instead, h e raises this claim for the first time on appeal. See also Pa.R.A.P. 302(a) (“Issues not raised in the lower court are waived and cannot be raised for the first time on appeal.”) We find the claim waived. Judgment of sentence affirmed.J

- A28025

- 17

- 3

-

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 7/13/2018
**EXHIBIT 32.1** **Certification    Pursuant to****Exchange Act    Rule 15d-14(b)    and****18 U.S.C. Section 1350**     In connection with the Annual Report of Shopoff Properties    Trust, Inc. (the “Company”) on    Form 10-K    for the period ending December 31, 2007, as filed with the    Securities and Exchange Commission on the date hereof (the    “Report”), I, William A. Shopoff, Chief Executive    Officer of the Company, certify, to the best of my knowledge,    pursuant to Exchange Act    Rule 15d-14(b)    and 18 U.S.C. Section 1350, as adopted pursuant to    Section 906 of the Sarbanes Oxley Act of 2002, that:     i. The report fully complies with the requirements of    Section 13(a) or 15(d) of the Securities Exchange Act    1934; and     ii. The information contained in the Report fairly    presents, in all material respects, the financial condition of    the Company.     A signed original of this written statement required by    Section 906, or other document authenticating,    acknowledging, or otherwise adopting the signature that appears    in typed form within the electronic version of this written    statement required by Section 906, has been provided to    Shopoff Properties Trust, Inc. and will be retained by Shopoff    Properties Trust, Inc. and furnished to the Securities and    Exchange Commission or its staff upon request. /s/  William    A. Shopoff    Name:     William A. Shopoff     Title:     Chief Executive Officer     Dated: March 31, 2008
Exhibit 4.5

 

	
Number 
   P-
    	
 
    	
Incorporated Under the Laws of the State of Alaska
    	
 
    	
Shares 
   -0-
    
	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
Cusip No.
    


 

GCI LIBERTY, INC.

 

Series A Cumulative Redeemable Preferred Stock, no par value

 

Specimen Certificate

 

This Certifies that [          ]  is the owner of [          ] FULLY PAID AND NON-ASSESSABLE SHARES OF SERIES A CUMULATIVE REDEEMABLE PREFERRED STOCK, NO PAR VALUE, OF GCI LIBERTY, INC. (hereinafter called the “Corporation”) transferable on the books of the Corporation by the holder hereof in person or by duly authorized attorney upon surrender of the Certificate properly endorsed. This Certificate is not valid unless countersigned by the Transfer Agent and registered by the Registrar.

 

Witness, the seal of the Corporation and the signatures of its duly authorized officers.

 

Dated:

 

	
 
    	
GCI Liberty, Inc.
    
	
 
    	
 
    
	
 
    	
[Corporate Seal]
    
	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
President
    	
 
    	
 
    	
Secretary
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-6605
ROBERT V. FUNK, Petitioner - Appellant, versus J. M. VANYUR, Warden; JAMES GILMORE, Attorney General of the Commonwealth of Virginia, Respondents - Appellees.Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-97-24-5-BR) Submitted: August 14, 1997 Decided: August 25, 1997 Before NIEMEYER, Circuit Judge, and BUTZNER and PHILLIPS, Senior Circuit Judges. Affirmed by unpublished per curiam opinion. Robert V. Funk, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order denying relief on his 28 U.S.C. § 2241 (1994) petition. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Funk v. Vanyur , No. CA-97-24-5-BR (E.D.N.C. Apr. 4, 1997). We deny Appellant's motion for appointment of counsel and 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.

AFFIRMED
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 177 Agreed to Senate (ATS)]

  1st Session
S. RES. 177

      To designate October 19, 1995, ``National Mammography Day''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 29 (legislative day, September 25), 1995

   Mr. Biden (for himself, Mr. Abraham, Mr. Chafee, Mr. Cochran, Mr. 
Domenici, Mr. Akaka, Ms. Boxer, Mr. Bradley, Mr. Dole, Mr. D'Amato, Mr. 
Breaux, Mr. Bryan, Mr. Frist, Mr. Daschle, Mr. Dodd, Mr. Grassley, Mr. 
   Gregg, Mr. Hatch, Mr. Dorgan, Mrs. Hutchison, Mr. Feingold, Mrs. 
Feinstein, Mr. Glenn, Mr. Ford, Mr. Mack, Mr. Murkowski, Mr. Roth, Mr. 
 Leahy, Mr. Smith, Mr. Snowe, Mr. Specter, Mr. Kennedy, Mr. Levin, Mr. 
 Stevens, Mr. Lieberman, Ms. Mikulski, Mr. Moynihan, Mrs. Murray, Mr. 
Pell, Mr. Thurmond, Mr. Reid, Mr. Rockefeller, Mr. Sarbanes, Mr. Simon, 
 Mr. Wellstone, Mr. Lautenberg, Mr. McCain, Mr. Kerry, Mrs. Kassebaum, 
Ms. Moseley-Braun, Mr. Bingaman, Mr. Inouye, and Mr. DeWine) submitted 
 the following resolution; which was referred to the Committee on the 
                               Judiciary

             October 19 (legislative day, October 18), 1995

   Reported by Mr. Hatch, without amendment; considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
      To designate October 19, 1995, ``National Mammography Day''.

Whereas, according to the American Cancer Society, one hundred eighty-two 
        thousand women will be diagnosed with breast cancer in 1995, and forty-
        six thousand women will die from this disease;
Whereas, in the decade of the 1990's, it is estimated that about two million 
        women will be diagnosed with breast cancer, resulting in nearly five 
        hundred thousand deaths;
Whereas the risk of breast cancer increases with age, with a woman at age 
        seventy having twice as much of a chance of developing the disease than 
        a woman at age fifty;
Whereas 80 percent of the women who get breast cancer have no family history of 
        the disease;
Whereas mammograms, when operated professionally at a certified facility, can 
        provide a safe and quick diagnosis;
Whereas experts agree that mammography is the best method of early detection of 
        breast cancer, and early detection is the key to saving lives; and
Whereas mammograms can reveal the presence of small cancers of up to two years 
        or more before regular clinical breast examination or breast self-
        examination (BSE), saving as many as one-third more lives: Now, 
        therefore, be it
    Resolved, That the Senate designate October 19, 1995 as ``National 
Mammography Day''. The Senate requests that the President issue a 
proclamation calling upon the people of the United States to observe 
such day with appropriate programs and activities.
                                 <all>
```
| Entity                                          |   | Jurisdiction |
|-------------------------------------------------|--------|--------------|
| Shopoff      Partners, L.P.                     |   | Delaware     |
|                                            |   |         |
| Shopoff      General Partner, L.L.C.            |   | Delaware     |
|                                            |   |         |
| Shopoff      T.R.S., Inc.                       |   | Delaware     |
|                                            |   |         |
| SPT      — SWRC, LLC                      |   | Delaware     |
|                                            |   |         |
| SPT      – Lake Elsinore Holding Co., LLC |   | Delaware     |
|                                            |   |         |
| SPT      AZ Land Holding Co., LLC               |   | Delaware     |
|                                            |   |         |
| SPT      Real Estate Finance LLC                |   | Delaware     |

----
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001005967
<NAME> HMT TECHNOLOGY
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           5,156
<SECURITIES>                                         0
<RECEIVABLES>                                   48,718
<ALLOWANCES>                                       625
<INVENTORY>                                     14,624
<CURRENT-ASSETS>                                73,639
<PP&E>                                         176,935
<DEPRECIATION>                                  50,180
<TOTAL-ASSETS>                                 206,551
<CURRENT-LIABILITIES>                           29,291
<BONDS>                                              0
<PREFERRED-MANDATORY>                           61,936
<PREFERRED>                                          0
<COMMON>                                        90,318
<OTHER-SE>                                    (25,926)
<TOTAL-LIABILITY-AND-EQUITY>                   206,551
<SALES>                                         62,080
<TOTAL-REVENUES>                                62,080
<CGS>                                           35,363
<TOTAL-COSTS>                                   35,363
<OTHER-EXPENSES>                                 4,009
<LOSS-PROVISION>                                15,000
<INTEREST-EXPENSE>                               1,365
<INCOME-PRETAX>                                 21,343
<INCOME-TAX>                                     3,842
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    16,605
<EPS-PRIMARY>                                     0.38
<EPS-DILUTED>                                     0.38
        

</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Eddy Dean BULLCALF, Defendant-Appellant.

No. 16-30275

United States Court of Appeals, Ninth Circuit.

Submitted November 14, 2017 *

Filed November 14, 2017

Lori Anne Harper Suek, Assistant U.S. Attorney, Leif Johnson, Assistant U.S. Attorney, Office of the US Attorney, Billings, MT, Danna Rae Jackson, Assistant U.S. Attorney, USHE—Office of the US Attorney, Helena, MT, for Plaintiff-Appellee

Eddy Dean Bullcalf, Pro Se

Before: FARRIS, CANBY, and SILVERMAN, Circuit Judges.

*

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

MEMORANDUM **

Eddy Dean Bullcalf appeals the 324-month sentence imposed upon re-sentencing for two counts of aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153(a) and 2241(c), and one count of abusive sexual contact with a child under the age of 12, in violation of 18 U.S.C. §§ 1153(a) and 2244(a)(1). Pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Bullcalfs counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed.

We find not arguable issues among those noted in the *Anders*brief: the district court did not miscalculate or misapply the Guideline range; the evidence does not show that the criminal activity wholly preceded. the adoption of the sentencing enhancement of U.S.S.G. § 5B1.5(b)(l); the sentence at the bottom of the Guideline range is not unreasonable. In addition, our independent review of the full record pursuant to *Penson v. Ohio,*488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief.

Counsel’s motion to withdraw is GRANTED.

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. 70

Electing Doctor Lloyd John Ogilvie, of California, as Chaplain of the United

States Senate.

IN THE SENATE OF THE UNITED STATES

JANUARY 24 (legislative day, JANUARY 10), 1995

Mr. KEMPTHORNE (for Mr. DOLE) submitted the following resolution; which

was considered and agreed to

RESOLUTION

Electing Doctor Lloyd John Ogilvie, of California, as

Chaplain of the United States Senate.

1 Resolved, That Doctor Lloyd John Ogilvie, of Califor2 nia, be, and he is hereby, elected Chaplain of the Senate

3 as of March 11, 1995.

Æ
#### UNITED STATES of America, Plaintiff-Appellee, v. Ivan Eduardo HERNANDEZ, Defendant-Appellant.

No. 16-50257

United States Court of Appeals, Ninth Circuit.

Submitted May 8, 2017 *

Filed May 11, 2017

Alicia Phillip Williams, Assistant U.S. Attorney, Helen H. Hong, Assistant U.S. Attorney, Office of the US Attorney, San Diego, CA, Colin M. McDonald, Assistant U.S. Attorney, US Department of Justice, Southern District of California, San Diego, CA, for Plaintiff-Appellee

*976Nicholas De Pento, Law Office of Nicholas De Pento, San Diego, CA, for Defendant-Appellant

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 **

Ivan Eduardo Hernandez appeals from the district court’s judgment and challenges the 71-month sentence imposed following his guilty-plea convictions for importation of methamphetamine and heroin, in violation of 21 U.S.C. §§ 952, 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Hernandez contends that the district court’s minor role analysis was flawed because the court refused to compare him to unknown participants in the drug trafficking organization. Assuming without deciding that the court was required to compare Hernandez to unidentified co-participants, we find no reversible error. The record reflects that, even if the court had considered a broader network of participants, it would not have concluded that Hernandez was “substantially less culpable” than the average participant in light of Hernandez’s repeated crossings and the amount of drugs and money involved. *See*U.S.S.G. § 3B1.2 cmt. n.3(A), (C).

The government correctly concedes that the written judgment erroneously imposes a 72-month sentence, rather than the 71-month sentence that the district court orally pronounced. Therefore, we vacate the judgment and remand so the district court can make the written judgment consistent with the unambiguous oral pronouncement of the sentence. *See United States v. Hernandez,*795 F.3d 1159, 1169 (9th Cir. 2015).

AFFIRMED; REMANDED to correct the judgment.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Exhibit 35.3

OFFICERS CERTIFICATE

I, Karen Montbach, a
Managing Director of Citibank, N.A. (the Company), hereby certify, with respect to the Pooling and Servicing Agreement, dated as of October 1, 2014 (the Agreement), by and among Citigroup Commercial Mortgage Securities
Inc., as depositor, Midland Loan Services, a division of PNC Bank, National Association, as master servicer, Rialto Capital Advisors, LLC, as special servicer, Park Bridge Lender Services LLC, as operating advisor, Citibank, N.A., as certificate
administrator (the Certificate Administrator), and Deutsche Bank Trust Company Americas, as trustee, the following:

1. A
review of the Companys activities as Certificate Administrator during the reporting period ending December 31, 2015 and its performance under the Agreement has been made under my supervision.

2. To the best of my knowledge, based on such review, as of and for the reporting period ending December 31, 2015, the Company has
fulfilled all of its obligations under the Agreement in all material respects throughout the reporting period.

This statement is given by the undersigned
as an authorized officer of the Company and not in the undersigneds individual capacity.

Date: February 26, 2016



Citibank, N.A.By:

/s/ Karen MontbachName:

Karen MontbachTitle:

Managing Director
|  | 1. | I am a duly authorized officer of BMW Financial Services NA, LLC; |
|--|----|-------------------------------------------------------------------|

|  | 2. | I have reviewed the terms of that certain Sale and Servicing Agreement, dated as of September 1, 2014 (the “Sale and Servicing Agreement”), among BMW Financial Services NA, LLC, as Seller, Servicer (in such capacity, the “Servicer”), Administrator and Custodian, U.S. Bank National Association, as Indenture Trustee, BMW FS Securities LLC, as Depositor, and BMW Vehicle Owner Trust 2014-A, as Issuer and I have made, or have caused to be made under my supervision, a detailed review of the activities of the Servicer and the performance of its obligations thereunder during the period from January 1, 2015 to December 31, 2015; |
|--|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  | 3. | To the best of my knowledge, based on the review described in paragraph 2, the Servicer has fulfilled all of its obligations under the Sale and Servicing Agreement in all material respects during the period from January 1, 2015 to December 31, 2015, except as set forth below. |
|--|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|