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

No. 16-4570

United States Court of Appeals, Fourth Circuit.

Submitted: May 30, 2017

Decided: June 8, 2017

Craig M. Cooley, COOLEY LAW OFFICE, Cary, North Carolina, for Appellant. Sandra J. Hairston, Acting United States Attorney, Robert M. Hamilton, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Before GREGORY, Chief Judge, and WILKINSON and MOTZ, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Walter Lee Early appeals the district court’s judgment revoking his supervised release and sentencing him to 12 months’ imprisonment and a subsequent term of 24 months’ supervised release. Early contends that insufficient evidence supported the court’s finding that Early violated a condition of supervised release. We affirm.

A court may revoke supervised release if it “finds by a preponderance of the evidence that the defendant violated a condition of supervised release.” 18 U.S.C. § 3583(e)(3) (2012). ‘We review a district court’s ultimate decision to revoke a defendant’s supervised release for abuse of discretion” and its “factual findings underlying a revocation for clear error.” *United States v. Padgett,*788 F.3d 370, 373 (4th Cir,), *cert. denied,*— U.S.-, 136 S.Ct. 494, 193 L.Ed.2d 360 (2015); *see United States v. Alvarado,*840 F.3d 184, 189 (4th Cir. 2016) (providing standard for abuse of discretion).

The district court found by a prepondei'ance of the evidence that Early violated his supervised release by committing an affray or, alternatively, an assault, in violation of N.C. Gen. Stat. § 14-33(a) (2015). In his opening brief, Early challenges only the court’s affray finding. Although Early’s reply brief also challenges the court’s assault finding, “generally we will not consider issues raised for the first time in a reply brief.” *United States v. Copeland,*707 F.3d 522, 530 (4th Cir. 2013). Moreover, the record clearly establishes by a preponderance of the evidence that Early engaged in an assault, thereby violating a condition of supervised release. Thus, we need not address the affray issue in order to conclude that revocation was not an abuse of the court’s discretion.

Accordingly, we affirm the district court’s revocation judgment. 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.

*AFFIRMED*
Exhibit 31.1

CERTIFICATION

I, Somsak Chivavibul,
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 Navient Student Loan Trust 2014-8 (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. Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as
disclosed in the Exchange Act periodic reports, the servicer and administrator have fulfilled their obligations under the servicing agreement and administration agreement, as applicable, 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 party: Deutsche Bank National Trust Company, as indenture trustee.

Date: March 31, 2015



|                                                                     
|---------------------------------------------------------------------
|/S/ SOMSAK CHIVAVIBUL                                                
|Somsak Chivavibul                                                    
|President and Chief Financial Officer (Senior Securitization Officer)
|Navient Funding, LLC
# Official Journal C 18/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 18 |
| | |
| English edition | Information and Notices | Volume 5821 January 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 18

English edition

Information and Notices

Volume 5821 January 2015

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2015/C 018/01 | Council conclusions on promoting young people’s access to rights in order to foster their autonomy and participation in civil society | 1 |
| | European Commission |
| 2015/C 018/02 | Euro exchange rates | 5 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2015/C 018/01

Council conclusions on promoting young people’s access to rights in order to foster their autonomy and participation in civil society

1

European Commission

2015/C 018/02

Euro exchange rates

5

---

| | V   Announcements |
| --- | --- |
| | OTHER ACTS |
| | European Commission |
| 2015/C 018/03 | Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 6 |
| 2015/C 018/04 | Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 12 |

V   Announcements

OTHER ACTS

European Commission

2015/C 018/03

Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

6

2015/C 018/04

Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

12

---

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

EN
December 22, 2016

JUDGMENT

The Fourteenth Court of Appeals

GEORGE BUCHANAN, RICHARD METODIEV, CHRISTOPHER TAYLOR, 

ANTHONY WALDING, AND BIJ MOTORS TX LLC D/B/A MERCEDESBENZ OF THE WOODLANDS, Appellants

NO. 14-16-00878-CV V.

HOUSTON AUTO M. IMPORTS D/B/A MERCEDES-BENZ OF HOUSTON 

NORTH, Appellees

________________________________

Today the Court heard appellants’ motion to dismiss the interlocutory appeal 

from the order denying appellants’ motion to compel arbitration signed by the 

court below on November 3, 2016. Having considered the motion and found it 

meritorious, we order the appeal DISMISSED.

We further order that all costs incurred by reason of this appeal be paid by 

appellants, George Buchanan, Richard Metodiev, Christopher Taylor, Anthony 

Walding, and BIJ Motors TX LLC D/B/A Mercedes-Benz of the Woodlands.

We further order that mandate be issued immediately.

We further order this decision certified below for observance.
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S

N O S . A P - 7 6 , 5 6 9 & A P - 7 6 , 5 7 0

I N R E C H A R L E S K E V I N B O W E N A N D J E N N I F E R B O W E N , R e l a t o r s

O N A P P L I C A T I O N S F O R W R I T S O F P R O H I B I T I O N I N C A U S E N O S . 0 9 - 6 4 9 - K 3 6 8 & 0 9 - 6 5 0 - K 3 6 8 I N T H E 3 6 8 D I S T R I C T C O U R T F R O M

t h W I L L I A M S O N C O U N T Y

P e r c u r i a m . O P I N I O N
Relators are char g ed with c apital murder and have ma ndamus applica tions curre ntly under submissi on at this Court that could decide who will r epre sent them in the trial court. In re Charles Kevin Bowen and Jennifer Bowen , AP-76,519 & AP-76,520 (ar g ued and submitt ed May 4, 2011). The trial court set the case s for pre- trial hear ings and a trial setting in J une. Relators responde d with motions to stay the proce eding s which this Court construed as motions for leave to file applications for pr ohibition. The Court invi ted the trial c ourt and the State to submit responses. The State’s response sug g ests that the trial court simply kept the case s on the trial docket out2

of conce rn for the Relators’ alre ady leng thy incar cer ation and in a nticipation of this Court’s ruling

on the mandamus applications befor e the J une 13, 2011 trial date. The State does not oppose a stay , so long a s neither the State nor the trial cour

t are assig ned fa

ult for the dela

y . The Relators’ motions for leave to file writs of prohibition ar e granted. The issue of the leg ality of the trial court’s disqualification of reta ined t ri al counsel in these capital murder prosec utions is under submissi on at this Court. Fu rt h er proce eding s in the trial court befor e this Court’s decision would nullify the pending mandamus applications. Acc ording ly , we conclude that issuance of writs of prohibit i o n ar e nece ssary in order to protec t this Court’s jurisdiction. T E X . C O N S T . art. V, § 5( c). The Respondent, the J udg e of the 368 District Court of Wil liamson County , is direc ted to t h stay the proceeding s and is prohibited from taking further action in Cause Numbers 09-649-K368 and 09-650-K368 until this Court issues its decision in the Relator’ s pending mandamus ap p lications, Court of Criminal Appea ls of Texas cause numbers AP-76,519 and AP-76 , 5 2 0

.
Filed: May

27, 2011 Do not publish
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 121 Introduced in House (IH)]

105th CONGRESS
  1st Session
H. CON. RES. 121

Expressing the sense of the Congress regarding proliferation of missile 
                    technology from Russia to Iran.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 1997

  Ms. Harman submitted the following concurrent resolution; which was 
          referred to the Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Expressing the sense of the Congress regarding proliferation of missile 
                    technology from Russia to Iran.

Whereas there is substantial evidence that missile technology and technical 
        advice have been provided from Russia to Iran, in violation of the 
        Missile Technology Control Regime;
Whereas these violations include providing assistance to Iran in developing 
        ballistic missiles, including the transfer of wind tunnel and rocket 
        engine testing equipment;
Whereas these technologies give Iran the capability to deploy a missile of 
        sufficient range to threaten United States military installations in the 
        Middle East and Persian Gulf, as well as the territory of Israel, and 
        our North Atlantic Treaty Organization ally Turkey; and
Whereas President Clinton has raised with Russian President Boris Yeltsin United 
        States concerns about these activities and the Russian response has to 
        date been inadequate: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that--
            (1) the President should demand that the Government of 
        Russia take concrete actions to stop governmental and 
        nongovernmental entities in the Russian Federation from 
        providing missile technology and technical advice to Iran, in 
        violation of the Missile Technology Control Regime;
            (2) if the Russian response is inadequate, the United 
        States should impose sanctions on the responsible Russian 
        entities in accordance with Executive Order 12938 on the 
        Proliferation of Weapons of Mass Destruction, and reassess 
        cooperative activities with Russia;
            (3) the threshold under current law allowing for the waiver 
        of the prohibition on the release of foreign assistance to 
        Russia should be raised; and
            (4) our European allies should be encouraged to take steps 
        in accordance with their own laws to stop such proliferation.
                                 <all>
```
#### Niki-Alexander SHETTY, FKA Satish Shetty, Plaintiff-Appellant, v. LSF9 MASTER PARTICIPATION TRUST, a Delaware Statutory Trust; et al., Defendants-Appellees.

No. 17-55405

United States Court of Appeals, Ninth Circuit.

Submitted December 18, 2017 *

Filed December 26, 2017

Niki-Alexander Shetty, Pro Se

Simon Feng, Nina Huerta, Esquire, Attorney, Locke Lord LLP, Los Angeles, CA, for Defendant-Appellee

Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

*

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

MEMORANDUM **

Niki-Alexander Shetty, FKA Satish Shetty, appeals pro se from the district court’s judgment dismissing his diversity action alleging pre-foreclosure claims related to a non-party borrower’s refinance loans. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal on the basis of res judicata. *Stewart v. U.S.*Bancorp, 297 F.3d 953, 956 (9th Cir. 2002). We affirm.

The district court properly dismissed Shetty’s action as barred by the doctrine of res judicata because Shetty’s claims were raised, or could have been raised, in prior actions between the parties or their privies, and those prior actions resulted in final judgments on the merits. *See id.*(setting forth elements of res judicata under federal law and noting that the doctrine of res judicata bars subsequent litigation both of claims that were raised and those that could have been raised in a prior action); *see also Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning Agency,*322 F.3d 1064, 1081 (9th Cir. 2003) (“Even when the parties are not identical, privity may exist if there is substantial identity between parties, that is, when there is sufficient commonality of interest,” (citation and internal quotation marks omitted)).

Contrary to Shetty’s contentions, the district court did not err by deciding defendants’ motion to dismiss without converting it into a motion for summary judgment. *See Skilstaf, Inc. v. CVS Caremark Corp.,*669 F.3d 1005, 1016 n.9 (9th Cir. 2012) (“[A] court may take judicial notice of matters of public record without converting a motion to dismiss into a motion for summary judgment....” (citation and internal quotation marks omitted)).

We reject as without merit Shetty’s contention that the district court lacked juris*392diction to render judgment in favor ■ of appellee U.S. Bank Trust N.A.

We do not consider matters not specifically and distinctly raised and argued in the opening brief. *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
      32.2





**CERTIFICATION
      OF CHIEF FINANCIAL OFFICER**


**PURSUANT
      TO SECTION 906(A) OF THE SARBANES-OXLEY ACT OF 2002**





The
      undersigned, being the Chief Financial Officer of Barclay Road, Inc.(the
      "Company") hereby certifies
      that, to his knowledge, the Company’s Annual Report on Form 10-K for the year
      ended December 31, 2007, filed with the United States Securities and Exchange
      Commission pursuant to Section 13(a) or 15(d) of the Securities Exchange Act
      of
      1934 (15 U.S.C. 78m or 78o(d)), fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934 and that information
      contained in such Annual Report fairly presents, in all material respects,
      the
      financial condition and results of operations of the Company.





This
      written statement is being furnished to the Securities and Exchange Commission
      as an exhibit to such Form
      10-K. A signed original of this written statement required by Section 906 has
      been provided to Barclay Road, Inc. and will be retained by Barclay Road, Inc
      .and furnished to the Securities and Exchange Commission or its staff upon
      request.





Date:
      March 29, 2007





/s/
      HERBERT L. BECKER


Herbert
      L. Becker


*Vice
      President, Treasurer and Secretary*


(Chief
      Financial Officer)
Exhibit 32.1



STATEMENT OF CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the Form 10-Q of Hilb Rogal & Hobbs Company for the quarter ended September 30, 2005, I, Martin L. Vaughan, III, Chairman and Chief Executive Officer of Hilb Rogal & Hobbs
Company, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



(a) such Form 10-Q for the quarter ended September 30, 2005 fully complies with the requirements of section 13(a) of the Securities Exchange Act of
1934, as amended; and



(b) the information contained in such
Form 10-Q for the quarter ended September 30, 2005 fairly presents, in all material respects, the consolidated financial condition and results of operations of Hilb Rogal & Hobbs Company and its subsidiaries as of and for the periods
presented in such Form 10-Q.



|    |  |                                      |  |                       
|--- |  | ------------------------------------ |  | ----------------------
|By: |  | /s/ Martin L. Vaughan, III           |  | Date: November 4, 2005
|    |  | Martin L. Vaughan, III               |  |                       
|    |  | Chairman and Chief Executive Officer |  |
EXHIBIT 32


CERTIFICATION PURSUANT TO SECTION 906

Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, I, the
undersigned officer of SkyWolf Wind Turbine Corporation
(the "Company"), hereby certify to my knowledge that:

The Report on Form 10-K for the year ended December 31,
2014 of the Company fully complies, in all material respects,
with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and the information contained in the
Report fairly represents, in all material respects, the
financial condition and results of operations of the Company.

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


                             /s/ Gerald Eugene Brock
                                 Chief Executive Officer
                                 Chief Financial Officer
Date: April 13, 2015
# Official Journal L 256/2011

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2011.256.eng |
| --- | --- |
| Official Journal
  of the European Union | L 256 |
| | |
| English edition | Legislation | Volume 541 October 2011 |

ISSN 1725-2555

doi:10.3000/17252555.L_2011.256.eng

Official Journal

of the European Union

L 256

English edition

Legislation

Volume 541 October 2011

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | | 2011/633/EU |
| | * | Commission Implementing Decision of 15 September 2011 on the common specifications of the register of railway infrastructure
  (notified under document C(2011) 6383)

   (1) | 1 |

Contents

II   Non-legislative acts

page

DECISIONS

2011/633/EU

*

Commission Implementing Decision of 15 September 2011 on the common specifications of the register of railway infrastructure
  (notified under document C(2011) 6383)

   (1)

(notified under document C(2011) 6383)

1

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

---

(1)   Text with EEA relevance

1

| 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.
EXHIBIT 99.1

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


Each of the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as
adopted  pursuant  to  Section  906 of the Sarbanes-Oxley Act of 2002, that this
Quarterly  Report  on Form 10-QSB for the quarter ended September 30, 2002 fully
complies  with  the  requirements  of  Section  13(a) or 15(d) of the Securities
Exchange  Act  of 1934, as amended, and the information contained in such report
fairly  presents,  in all material respects, the financial condition and results
of  operations  of  the  Company.

This 5th day of November, 2002.


/s/ Robert G. Peck
------------------
President and Chief Executive Officer
(Principal Executive Officer)


/s/ Harle B. Green
------------------
Chief Financial Officer
(Principal Financial Officer)


<PAGE>