alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-31192

Summary Calendar

 

MANUEL ORTIZ,

Plaintiff-Appellant,

versus

FEDERAL BUREAU OF INVESTIGATION;

U.S. DEPARTMENT OF JUSTICE,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Middle District of Louisiana

USDC No. 97-CV-140-A-M3

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

September 10, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Manuel Ortiz, Louisiana state prisoner # 349580, appeals

from the district court’s grant of summary judgment to the

defendants in his Freedom of Information Act (FOIA) suit. 5

U.S.C. § 552. Ortiz argues that certain information should not

have been withheld from him, maintaining that any individual

privacy interests in keeping the withheld information

confidential were outweighed by the public interest in its

release, and that the FBI failed to provide him with all non-
No. 98-31192

-2-

exempt materials covered by his FOIA request. We have reviewed

the record and find no reversible error. Ortiz has failed to

advance any particular public interests that may be served by

disclosure of the withheld information. See Burge v. Eastburn,

934 F.2d 577, 579 (5th Cir. 1991). Further, his contention that

the FBI failed to provide him with over 700 additional pages of

documents relates to a separate FOIA request that is not the

subject of this litigation. Accordingly, the judgment of the

district court is AFFIRMED.

AFFIRMED.
#### Victor F. CALDERON, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 15-73310

United States Court of Appeals, Ninth Circuit.

Submitted November 15, 2017 *

Filed November 21, 2017

Ramiro Jose Lluis, Attorney, Law Offices of Ramiro J. Lluis, Los Angeles, CA, for Petitioner

Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Erica Miles, Senior Litigation Counsel, OIL, DOJ — U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

Before: CANBY, TROTT, and GRABER, Circuit Judges.

*

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

MEMORANDUM **

Victor F. Calderon, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. *Najmabadi v. Holder,*597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Calderon’s motion to reopen as untimely, where Calderon filed the motion more than two years after his final administrative order of removal, he failed to establish the due diligence required for equitable tolling of the filing deadline, and he did not present sufficient evidence to qualify for any regulatory exception to the filing deadline. *See*8 C.F.R. § 1003.2(c)(2)-(3); *Avagyan v. Holder,*646 F.3d 672, 679 (9th Cir. 2011) (equitable tolling is available to a petitioner who is prevented from timely filing a motion to reopen .due to deception, fraud or error, as long as the *591petitioner exercises due diligence in discovering such circumstances); *see also Carrillo-Gonzalez v. INS,*353 F.3d 1077, 1079 (9th Cir. 2003) (statements by counsel are not evidence).

We do not consider the extra-record information discussed in Calderon’s opening brief because the court’s review is normally limited to the administrative record. *See*8 U.S.C. § 1252(b)(4)(A) (judicial review is limited to the administrative record); *Dent v. Holder,*627 F.3d 365, 371 (9th Cir. 2010) (stating standard for review of out-of-record evidence).

PETITION FOR REVIEW DENIED.

**

 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. Scottie O’Neal MCDUFFIE Defendant-Appellant

No. 17-1510

United States Court of Appeals, Eighth Circuit.

Submitted: November 6, 2017

Filed: November 9, 2017

*566Melisa K. Zaehringer, Assistant U.S. Attorney, U.S. Attorney’s Office, Davenport, IA, for Plaintiff-Appellee

Scottie O’Neal McDuffie, Pro Se

Heather Quick, Assistant Federal Public Defender, Federal Public Defender’s Office, Cedar Rapids, IA, for Defendant-Appellant

Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges.

PER CURIAM.

Scottie O’Neal McDuffie pled guilty to one count of producing child pornography, in violation of 18 U.S.C. § 2251(a) and (e), and two counts of possessing child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). In a brief filed under *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel challenges the application of certain Sentencing Guidelines provisions. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

The district court1 sentenced McDuffie to an aggregate prison term of 480 months. McDuffie challenges, as a matter of plain error, the application of a five-level increase to his offense level for a pattern of activity involving prohibited sexual conduct in combination with a multiple-victim increase. This court concludes that his substantial rights were not affected. *See*Fed. R. Crim. P. 62(b) (plain error that affects substantial rights may be considered even though it was not brought to the court’s attention); *United States v. Peck,*496 F.3d 885, 890-91 (8th Cir. 2007) (finding an increase for multiple victims and an increase under U.S.S.G.§ 4B1.5 for a pattern of prohibited sexual activity does not result in double counting). McDuffie also raises a preserved challenge to the district court’s application of a four-level increase for material involving sadistic or masochistic depictions. This court has previously rejected this challenge under circumstances similar to those presented in this case. *See United States v. Belflower,*390 F.3d 560, 561-62 (8th Cir. 2004).

Following independent review of the record pursuant to *Penson v. Ohio,*488 U.S. 75, 80, 109 S.Ct 346, 102 L.Ed.2d 300 (1988), this court finds no nonfrivolous issues for appeal.

The judgment is affirmed. Counsel’s motion to withdraw is granted.

1

. The Honorable John A, Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.
Exhibit 10.9A

Dear Ran,

As approved by the Compensation Committee of the Board of Directors of BigBand Networks, Inc. (the Company)
on December 9, 2007, I provide you with the following amendment to your employment agreement dated January 2, 2000, as amended (the Employment Agreement).

Bonus:

You shall have the opportunity to
earn a performance bonus up to 50% of your annual base salary ($100,000).

In all other respects, the terms of your employment shall remain
as outlined in the Employment Agreement.



Sincerely,/s/ Amir Bassan-EskenaziAmir Bassan-EskenaziPresident & Chief Executive Officer
III

104TH CONGRESS

1ST SESSION S. RES. 95

Making minority party appointments to the Committee on Energy and

Natural Resources, and the Committee on Veterans’ Affairs

IN THE SENATE OF THE UNITED STATES

MARCH 28 (legislative day, MARCH 27), 1995

Mr. DASCHLE submitted the following resolution; which was considered and

agreed to

RESOLUTION

Making minority party appointments to the Committee on

Energy and Natural Resources, and the Committee on

Veterans’ Affairs

1 Resolved, That the following shall constitute the mi2 nority party’s membership on the following Senate com3 mittees for the 104th Congress, or until their successors

4 are appointed:

5 ENERGY AND NATURAL RESOURCES: Mr. Johnston,

6 Mr. Bumpers, Mr. Ford, Mr. Bradley, Mr. Bingaman, Mr.

7 Akaka, Mr. Wellstone, Mr. Heflin, and Mr. Dorgan.

8 VETERANS’ AFFAIRS: Mr. Rockefeller, Mr. Graham,

9 Mr. Akaka, Mr. Dorgan, and Mr. Wellstone.

Æ
114TH CONGRESS 

2D SESSION H. R. 6400 

AN ACT 

To revise the boundaries of certain John H. Chafee Coastal 

Barrier Resources System units in New Jersey. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 6400 EH

1 SECTION 1. REPLACEMENT OF JOHN H. CHAFEE COASTAL 

2 BARRIER RESOURCES SYSTEM MAP. 

3 (a) IN GENERAL.—The map subtitled ‘‘Seidler Beach 

4 Unit NJ–02, Cliffwood Beach Unit NJ–03P, Conaskonk 

5 Point Unit NJ–04’’, dated August 1, 2014, that is in6 cluded in the set of maps entitled ‘‘Coastal Barrier Re7 sources System’’ referred to in section 4(a) of the Coastal 

8 Barrier Resources Act (16 U.S.C. 3503(a)) and relating 

9 to certain John H. Chafee Coastal Barrier Resources Sys10 tem units in New Jersey, is hereby replaced by another 

11 map subtitled ‘‘Seidler Beach Unit NJ–02/NJ–02P, 

12 Cliffwood Beach Unit NJ–03P, Conaskonk Point Unit 

13 NJ–04, Sayreville Unit NJ–15P, Matawan Point Unit 

14 NJ–16P’’ and dated October 7, 2016. 

15 (b) AVAILABILITY.—The Secretary of the Interior 

16 shall keep the replacement map referred to in subsection 

17 (a) on file and available for inspection in accordance with 

18 section 4(b) of the Coastal Barrier Resources Act (16 

19 U.S.C. 3503(b)). 

Passed the House of Representatives December 7, 

2016. 

Attest: 

Clerk. 

114TH CONGRESS 

2D SESSION H. R. 6400 

AN ACT 

To revise the boundaries of certain John H. Chafee 

Jersey. Coastal Barrier Resources System units in New
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

ANTHONY H. PAGE,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 321 MAL 2017

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 29th day of August, 2017

, the Petition for Allowance of Appeal is

DENIED

.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
ACCOMPANYING CONDENSED CONSOLIDATED BALANCE SHEET OF PENSKE MOTORSPORTS INC. AS
OF SEPTEMBER 30, 1998 AND THE RELATED CONDENSED CONSOLIDATED STATEMENT OF INCOME
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY 
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                             567
<SECURITIES>                                         0
<RECEIVABLES>                                    6,404
<ALLOWANCES>                                         0
<INVENTORY>                                      2,556
<CURRENT-ASSETS>                                11,404
<PP&E>                                         273,540
<DEPRECIATION>                                  29,058
<TOTAL-ASSETS>                                 309,838
<CURRENT-LIABILITIES>                           25,845
<BONDS>                                         65,450
<PREFERRED-MANDATORY>                              142
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     198,105
<TOTAL-LIABILITY-AND-EQUITY>                   309,838
<SALES>                                          8,439
<TOTAL-REVENUES>                                35,218
<CGS>                                            5,136
<TOTAL-COSTS>                                   27,469
<OTHER-EXPENSES>                                 1,161
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 818
<INCOME-PRETAX>                                  5,770
<INCOME-TAX>                                     2,260
<INCOME-CONTINUING>                              3,510
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,510
<EPS-PRIMARY>                                      .25
<EPS-DILUTED>                                      .25
        

</TABLE>
# EUR-Lex - 32003R1418 - EN

Avis juridique important

*|*

# 32003R1418

**Commission Regulation (EC) No 1418/2003 of 8 August 2003 suspending Regulations (EC) No 668/2001, (EC) No 1500/2001, (EC) No 953/2002, (EC) No 968/2002, (EC) No 1081/2002 and (EC) No 2177/2002 opening standing invitations to tender for barley held by certain intervention agencies **

*
Official Journal L 202 , 09/08/2003 P. 0003 - 0003 *

Commission Regulation (EC) No 1418/2003

of 8 August 2003

suspending Regulations (EC) No 668/2001, (EC) No 1500/2001, (EC) No 953/2002, (EC) No 968/2002, (EC) No 1081/2002 and (EC) No 2177/2002 opening standing invitations to tender for barley held by certain intervention agencies

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the markets in cereals(1), as last amended by Regulation (EC) No 1104/2003(2), and in particular Article 5 thereof,

Whereas:

(1) Commission Regulation (EEC) No 2131/93(3), as last amended by Regulation (EC) No 1630/2000(4), lays down the procedures and conditions for the sale of cereals held by the intervention agencies.

(2) Commission Regulations (EC) No 668/2001(5), (EC) No 1500/2001(6), (EC) No 953/2002(7), (EC) No 968/2002(8), (EC) No 1081/2002(9) and (EC) No 2177/2002(10) open standing invitations to tender for barley held by certain intervention agencies.

(3) For economic reasons, the invitations to tender provided for in Regulations (EC) No 668/2001, (EC) No 1500/2001, (EC) No 953/2002, (EC) No 968/2002, (EC) No 1081/2002 and (EC) No 2177/2002 should be suspended.

(4) The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The tendering procedures provided for in Regulations (EC) No 668/2001, (EC) No 1500/2001, (EC) No 953/2002, (EC) No 968/2002, (EC) No 1081/2002 and (EC) No 2177/2002 are hereby suspended.

Article 2

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

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

Done at Brussels, 8 August 2003.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21.

(2) OJ L 158, 27.6.2003, p. 1.

(3) OJ L 191, 31.7.1993, p. 76.

(4) OJ L 187, 26.7.2000, p. 24.

(5) OJ L 93, 3.4.2001, p. 20.

(6) OJ L 199, 27.7.2001, p. 3.

(7) OJ L 147, 5.6.2002, p. 3.

(8) OJ L 149, 7.6.2002, p. 15.

(9) OJ L 164, 22.6.2002, p. 16.

(10) OJ L 331, 7.12.2002, p. 5.
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### International Trade Commission

          - [Investigation Nos. 701-TA-539 and 731-TA-1280-1282 (Review)]

## Determination

                    On the basis of the record [1]                                          developed in the subject five-year reviews, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that revocation of the countervailing duty order on heavy walled rectangular welded carbon steel pipes and tubes from Turkey and the antidumping duty orders on heavy walled rectangular welded carbon steel pipes and tubes from Korea, Mexico, and Turkey would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.                

## Background

The Commission instituted these reviews on August 2, 2021 (86 FR 41511) and determined on November 5, 2021 that it would conduct expedited reviews (87 FR 7498, February 9, 2022).

                    The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews on March 17, 2022. The views of the Commission are contained in USITC Publication 5297 (March 2022), entitled                     *Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Korea, Mexico, and Turkey: Investigation Nos. 701-TA-539 and 731-TA-1280-1282 (Review).*

By order of the Commission.

Issued: March 17, 2022.

Lisa Barton,

Secretary to the Commission.

# Footnotes

1.                             The record is defined in § 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).                    
        Back to Citation      

[FR Doc. 2022-06123 Filed 3-22-22; 8:45 am]

BILLING CODE 7020-02-P
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 147 Introduced in House (IH)]

105th CONGRESS
  1st Session
H. CON. RES. 147

Expressing the sense of Congress that a postage stamp should be issued 
               commemorating Joshua Lawrence Chamberlain.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 5, 1997

  Mr. Allen submitted the following concurrent resolution; which was 
      referred to the Committee on Government Reform and Oversight

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Expressing the sense of Congress that a postage stamp should be issued 
               commemorating Joshua Lawrence Chamberlain.

Whereas Joshua Lawrence Chamberlain, born in 1828 in Brewer, Maine, was an 
        outstanding soldier, educator, statesman, and author during his long and 
        distinguished career;
Whereas Joshua Lawrence Chamberlain was the living embodiment of Maine 
        character, grit, and courage;
Whereas Joshua Lawrence Chamberlain, as Colonel of the 10th Maine Volunteer 
        Infantry Regiment, contributed greatly to the Union victory at 
        Gettysburg by his heroic defense of Little Round Top on July 2, 1863;
Whereas Joshua Lawrence Chamberlain, as Major General of the Third Brigade, 
        Fifth Corps, Army of the Potomac, was selected by Lieutenant General 
        Ulysses S. Grant to preside over the formal surrender of the Army of 
        Northern Virginia on April 12, 1865, and rendered a salute to the 
        defeated adversary that symbolized hope for the reconciliation of North 
        and South;
Whereas Joshua Lawrence Chamberlain, as commander of the militia, displayed 
        great statesmanship in averting civil conflict without resort to arms 
        during the 1880 election crisis in Maine;
Whereas Joshua Lawrence Chamberlain was a progressive educator who inaugurated a 
        ``new Elizabethan age'' of learning as president of Bowdoin College, 
        represented Maine at the 1876 Philadelphia Centennial, represented the 
        United States at the Paris Exposition on education, and wrote the 
        classic ``The Passing of the Armies''; and
Whereas Joshua Lawrence Chamberlain is a historical figure of national 
        significance: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that--
            (1) a postage stamp should be issued to commemorate Joshua 
        Lawrence Chamberlain; and
            (2) the Citizens' Stamp Advisory Committee of the United 
        States Postal Service should recommend to the Postmaster 
        General that such a postage stamp should be issued.
                                 <all>
```
EXHIBIT 34.1

 

Report of Independent Registered Public Accounting Firm



The Management Committee

BMW Financial Services NA, LLC



We have examined management’s assertion, included in the accompanying Certification Regarding Compliance with Applicable Servicing Criteria, that BMW Financial Services NA, LLC (the “Company”) complied with the servicing criteria set forth in Item 1122(d) of the Securities and Exchange  Commission's Regulation AB for Asset-Backed Securities, BMW Vehicle Owner Trust 2014-A, excluding criteria 1122(d)(1)(ii), 1122(d)(1)(iii), 1122(d)(1)(iv), 1122(d)(2)(vi), 1122(d)(4)(ix), 1122(d)(4)(x)(A)-(C), 1122(d)(4)(xi), 1122(d)(4)(xii), 1122(d)(4)(xiii), and 1122(d)(4)(xv) which management has determined are not applicable to the activities performed by the Company with respect to the asset-backed securities transactions being serviced as of December 31, 2017 and for the period from January 1, 2017 to December 31, 2017. Management is responsible for the Company’s compliance with those servicing criteria. Our responsibility is to express an opinion on management’s assertion about the Company’s compliance with those servicing criteria based on our examination.



Our examination was conducted in accordance with the attestation standards of the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Company's compliance with the applicable servicing criteria, including tests on a sample basis of the servicing activities related to BMW Vehicle Owner Trust 2014-A, determining whether the Company performed those selected activities in compliance with the servicing criteria during the specified period, and performing such other procedures as we considered necessary in the circumstances.  Our procedures were limited to selected servicing activities performed by the Company during the period covered by this report and, accordingly, such samples may not have included servicing activities related to each asset-backed transaction included in BMW Vehicle Owner Trust 2014-A.  Further, an examination is not designed to detect noncompliance arising from errors that may have occurred prior to the period specified above that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Company's compliance with the servicing criteria specified in the first paragraph.



In our opinion, management’s assertion that BMW Financial Services NA, LLC complied with the aforementioned applicable servicing criteria as of December 31, 2017 and for the period from January 1, 2017 to December 31, 2017 is fairly stated, in all material respects.





/s/ CohnReznick LLP



Roseland, New Jersey

March 23, 2018