alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Arturo MELENDEZ, Defendant-Appellant

No. 17-10108 Conference Calendar

United States Court of Appeals, Fifth Circuit.

Filed December 20, 2017

*243James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee

Arturo Melendez, Pro Se

Before JONES, DENNIS, and GRAVES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Arturo Melendez has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (6th Cir. 2011). Melendez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. 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.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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 of America, Plaintiff-Appellee v. Ernest Andrade ZUBIATE, also known as Neto, Defendant-Appellant

No. 17-50257 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed January 24, 2018

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee

Ernest Andrade Zubiate, Pro Se

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Ernest Andrade Zubiate has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir. 2011). Despite twice receiving an extension of time to do so, Zubiate has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assess*314ment that the appeal presents no nonfrivo-lous 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.

*

 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.
# Official Journal C 432I/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 432I |
| | |
| English edition | Information and Notices | Volume 6314 December 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 432I

English edition

Information and Notices

Volume 6314 December 2020

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2020/C 432 I/01 | Council Decision of 11 December 2020 appointing members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Cyprus | 1 |
| 2020/C 432 I/02 | Council Decision of 11 December 2020 appointing one member and one alternate member of the Advisory Committee on Freedom of Movement for Workers for Ireland and Malta | 3 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2020/C 432 I/01

Council Decision of 11 December 2020 appointing members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Cyprus

1

2020/C 432 I/02

Council Decision of 11 December 2020 appointing one member and one alternate member of the Advisory Committee on Freedom of Movement for Workers for Ireland and Malta

3

---

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

EN
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.                  

###### Department of Health and Human Services

###### Centers for Disease Control and Prevention

# FOR FURTHER INFORMATION CONTACT:

                        Aisha L. Wilkes, M.P.H., Scientific                               ( print page 15432)                            Review Officer, National Center for Injury Prevention and Control, CDC, 4770 Buford Highway NE, Mailstop S106-9, Atlanta, Georgia 30341, Telephone (404) 639-6473,                         *AWilkes@cdc.gov*.                    

                        The Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease Control and Prevention, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.                    

Kalwant Smagh,

Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease Control and Prevention.

[FR Doc. 2022-05748 Filed 3-17-22; 8:45 am]

BILLING CODE 4163-18-P
**EXHIBIT 31.1**

 

**CERTIFICATION**

 

I, Brett D. Davis, certify that:

 

1.             I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of CNH Equipment Trust 2014-C (the “Exchange Act periodic reports”);

 

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

 

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

 

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

 

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

 

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: Citibank, N.A.

 

----

 

March 29, 2016

 

 
|   | By:    | /s/ Brett D. Davis                                     |
|--------|--------|--------------------------------------------------------|
|   | Name:  | Brett D. Davis                                         |
|   | Title: | President (senior   officer in charge of the servicing |
|   |   | function)                                              |

 

----
#### Wayne A. SEARE; Marinette Tedoco, Plaintiffs-Appellants, v. BANK OF NEW YORK MELLON, FKA Bank of New York, ON BEHALF OF TRUSTEE FOR the CERTIFICATE-HOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2007-18CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-18CB; et al., Defendants-Appellees.

No. 17-15916

United States Court of Appeals, Ninth Circuit.

Submitted November 15, 2017 *

Filed November 22, 2017

Wayne A. Seare, Pro Se

Marinette Tedoco, Pro Se

Natalie L. Winslow, Esquire, Attorney, Akerman LLP, Las Vegas, NV, for Defendants-Appellees Bank of New York Mellon, CWALT, Inc., Mortgage Electronic Registration Systems, Inc., Seaside Trustee, Inc.

Michael K. Wall, Managing Senior Counsel, Hutchison & Steffen, LLC, Las Vegas, NV, for Defendant-Appellee

Casey Joel Nelson, Hutchison *&*Steffen, LLC, Las Vegas, NV, for Defendant-Ap-pellee Wedgewood, Inc.

Casey Joel Nelson, Michael K. Wall, Managing Senior Counsel, Hutchison & *693Steffen, LLC, Las Vegas, NV, for Defendant-Appellee Wedgewood, LLC

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 **

• Wayne A. Seare and Marinette Tedoco appeal pro se from the district court’s judgment dismissing their action related to foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal under Fed. R. Civ. P. 12(b)(6). *Cervantes v. Countrywide Home Loans, Inc.,*656 F.3d 1034, 1040 (9th Cir. 2011). We affirm.

The district court properly dismissed plaintiffs’ wrongful foreclosure claims because plaintiffs failed to allege facts sufficient to show that defendants failed to comply with Nevada law. *See*Nev. Rev. Stat. § 107.080 (setting forth requirements of a trustee sale under Nevada law); *see also Edelstein v. Bank of N.Y. Mellon,*286 P.3d 249, 258 (Nev. 2012) (en banc) (explaining that under Nevada law, Mortgage Electronic Registration System, Inc. may properly act as beneficiary of a trust deed, and an entity has authority to pursue foreclosure when it is entitled to enforce both the deed of trust and the note).

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.
Exhibit 35.4  LOGO

Commercial Mortgage Servicing D1050-084,
8th Floor 401 South Tryon Street Charlotte, NC 28202
1-800-326-1334 ANNUAL STATEMENT OF COMPLIANCE Reference is hereby made to that certain Pooling and Servicing Agreement dated as of September 1, 2014, by and among WELLS FARGO
COMMERCIAL MORTGAGE SECURITIES, INC., as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as General Master Servicer, CWCAPITAL ASSET MANAGEMENT LLC, as General Special Servicer, NCB, FSB, as NCB Master Servicer, NCB, FSB, as NCB Special Servicer,
PENTALPHA SURVEILLANCE LLC, as Trust Advisor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Certificate Administrator, as Tax Administrator and as Custodian, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee, with respect to Commercial Mortgage
Pass-Through Certificates Series 2014-C22 (the Agreement). Capitalized terms used herein not otherwise defined shall have the meanings assigned in the Agreement. Pursuant to Section 11.12 of this Agreement, I, Leslie Hayton, Managing Director of Commercial Mortgage Services do hereby certify that:  1.
A review of the activities of the General Master Servicer during the period from January 1, 2018 through
December 31, 2018, (the Reporting Period), and of its performance per the Agreement during such period has been made under my supervision, and  2.
To the best of my knowledge, based on such review, the General Master Servicer has fulfilled all of its
obligations under the Agreement in all material respects throughout the Reporting Period. IN WITNESS WHEREOF, the
undersigned has executed this Certificate as of the 28th day of February 2019.  LOGO ____________________________ Leslie Hayton Managing Director Wells Fargo Bank  Wells Fargo Bank, N.A.

LOGO
OPPENHEIM & OSTRICK, C.P.A.'s
                               4256 Overland Ave.
                              Culver City, CA 90230
                                 (310) 839-3930
                                  [letterhead]

June 11, 2002

Securities and Exchange Commission
Mail Stop 11-3
450 Fifth Street, N.W.
Washington, DC 20549

Dear Sir or Madam:

We have been furnished with a copy of the response to Item 4 of Form 8-KA of the
event that occurred on April 23, 2002, which was filed by our former client,
Xynergy Corporation, formerly known as Raquel, Inc. We agree with the statements
made in response to that Item insofar as they relate to our firm.

We are responding a revised 8-KA filing on June 11, 2002 that the reports we
filed contained clean opinions for fiscal years ended 2000 and 1999 and we had
no disagreements over financial disclosures, audit or accounting issues or any
reportable events discovered for the two years ended December 31, 2000.

Gilbert H. Ostrick, CPA
/s/
Opinion issued January 10, 2017

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-16-00436-CV

———————————

ARACELI ZAPATA D/B/A EL SUPER, VELJACO CORP., INC, D/B/A EL 

SUPER MEAT MARKET & TAQUERIA AND CARMEN GLORIA 

VELJANOVICH, Appellants

V.

CLEAR CREEK INDEPENDENT SCHOOL DISTRICT, THE CITY OF 

WEBSTER, AND HARRIS COUNTY, Appellees

On Appeal from the 165th District Court

Harris County, Texas

Trial Court Cause No. 2013-04925

MEMORANDUM OPINION

Appellants, Araceli Zapata d/b/a El Super, Veljaco Corp., Inc, d/b/a El Super 

Meat Market & Taqueria and Carmen Gloria Veljanovich, have failed to timely file 

their appellate brief. See TEX. R. APP. P. 38.6(a), (d), 38.8(a)(1). On October 20, 
2

2016, this Court ordered appellants to file their brief, without a reporter’s record,

within thirty days of that Order. See id. 37.3(c), 38.6(a). Because appellants failed 

to timely file their brief, the Clerk of this Court notified appellants on December 9, 

2016, that this appeal was subject to dismissal if they failed to timely file their 

appellate brief or an extension motion within ten days of the date of that notice. 

See id. 38.8(a)(1), 42.3(c). Appellants failed to file a timely response.

Accordingly, we dismiss this appeal for want of prosecution for failure to 

timely file a brief. See id. 38.8(a)(1), 42.3(b), (c).

PER CURIAM

Panel consists of Justices Keyes, Higley, and Lloyd.
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
  1.
    
    The Report fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934, as amended; and2.
    
    The information contained in the Report fairly presents, in all
material respects, the financial condition and results of
operation of the Company.
 HOMELAND SECURITY CAPITAL CORPORATIONFebruary 14, 2011
    By:
    /s/ C. Thomas McMillenName:
    C. Thomas McMillenTitle:
    Chief Executive Officer
Principal Executive Officer
# Official Journal L 259/2022

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 259 |
| | |
| English edition | Legislation | Volume 656 October 2022 |

ISSN 1977-0677

Official Journal

of the European Union

L 259

English edition

Legislation

Volume 656 October 2022

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2022/1861 of 29 September 2022 entering a name in the register of protected designations of origin and protected geographical indications (‘Vaca Gallega – Buey Gallego’ (PGI)) | 1 |
| | * | Commission Implementing Regulation (EU) 2022/1862 of 4 October 2022 establishing the lists of reserved and blocked domain names under the .eu top-level domain in accordance with Regulation (EU) 2019/517 of the European Parliament and of the Council (
  1
  ) | 3 |
| | * | Commission Implementing Regulation (EU) 2022/1863 of 5 October 2022 amending Implementing Regulation (EU) 2017/892 as regards market withdrawals for free distribution of fruits and vegetables | 187 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2022/1864 of 5 October 2022 setting out the organisational structure and operation of the European CAP network and repealing Implementing Decision 2014/825/EU | 189 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2022/1861 of 29 September 2022 entering a name in the register of protected designations of origin and protected geographical indications (‘Vaca Gallega – Buey Gallego’ (PGI))

1

*

Commission Implementing Regulation (EU) 2022/1862 of 4 October 2022 establishing the lists of reserved and blocked domain names under the .eu top-level domain in accordance with Regulation (EU) 2019/517 of the European Parliament and of the Council (
  1
  )

1

3

*

Commission Implementing Regulation (EU) 2022/1863 of 5 October 2022 amending Implementing Regulation (EU) 2017/892 as regards market withdrawals for free distribution of fruits and vegetables

187

DECISIONS

*

Commission Implementing Decision (EU) 2022/1864 of 5 October 2022 setting out the organisational structure and operation of the European CAP network and repealing Implementing Decision 2014/825/EU

189

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

---

(1)   Text with EEA relevance.

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
#### UNITED STATES of America, Plaintiff-Appellee, v. Alexandra Castro MACABALO, Defendant-Appellant.

No. 16-10479

United States Court of Appeals, Ninth Circuit.

Submitted November 15, 2017 *

Filed November 17, 2017

Garth R. Backe, Assistant U.S. Attorney, USNMI—Office of the US Attorney, Saipan, MP, for Plaintiff-Appellee

Alexandra Castro Macabalo, Pro Se

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 **

Alexandra Castro Macabalo appeals from the district court’s judgment and challenges her guilty-plea conviction and sentence for perjury, in violation of 18 U.S.C. § 1623(a). Pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Macabalo’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Macabalo the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Macabalo waived the right to appeal her conviction. Because the record discloses no arguable issue as to the validity of the waiver, we dismiss Macabalo’s appeal as to her conviction. *See United States v. Watson,*582 F.3d 974, 986-88 (9th Cir. 2009).

With respect to Macabalo’s sentence, our 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), discloses no arguable grounds for relief, except that the written judgment, which reflects a 21-month custodial sentence, is inconsistent with the district court’s oral pronouncement of a 20-month sentence. Accordingly, we affirm Macabalo’s sentence but remand the case with instructions to make the judgment consistent with the oral pronouncement. *See United States v. Hernandez,*795 F.3d 1159, 1169 (9th Cir. 2015) (remanding for the district court to make the written judgment consistent with the unambiguous oral pronouncement of sentence).

Counsel’s motion to withdraw is GRANTED.

DISMISSED in part; AFFIRMED in part; 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.
#### Charles Dereck ADAMS, Plaintiff-Appellant, v. DEPARTMENT OF DEFENSE, Defendant-Appellee.

No. 17-2383

United States Court of Appeals, Fourth Circuit.

Submitted: January 18, 2018

Decided: January 22, 2018

*201Charles Dereek Adams, Appellant Pro Se. R. Trent McCotter, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Charles Dereck Adams seeks to appeal the district court’s order denying relief on his complaint challenging the denial of his request for early retirement from the Department of Defense. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

When the United States or its officer or agency is a party, the notice of appeal must be filed no more than 60 days after the entry of the district court’s final judgment or order, Fed. R. App. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” *Bowles v. Russell,*551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on the docket on September 29, 2017. The notice of appeal was filed on November 30, 2017. Because Adams failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we grant the Government’s motion to dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED*