alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Avelino GRESHAM, also known as Avelino Feliciano, also known as “Nino,” Defendant-Appellant

No. 17-10712 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed February 15, 2018

Avelino Gresham, Pro Se

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

PER CURIAM:*

Avelino Gresham, who stands convicted of conspiracy to possess with intent to distribute a controlled substance in violation of 21 U.S.C. § 846, appeals the district court’s denial of his postjudgment motion to reduce his sentence and for resentenc-ing based upon the dismissal of state charges that were pending against him when his federal sentence was imposed. The district court denied the motion, finding that the state charges were not used to enhance the sentence imposed in Gresham’s federal drug case.

In his appellate brief, Gresham does not address the district court’s reason for denying his postjudgment motion for a sentence reduction. Instead, he argues that the district court erred in calculating the Sentencing Guidelines applicable in his case, that the jury should have determined the amount of drugs attributable to him for sentencing purposes, and that the district court erred in enhancing his sentence based upon his prior convictions and a bare arrest record. Those arguments, raised for the first time on appeal, will not be considered. *See Wilson v. Roy,*643 F.3d 433, 435 n.1 (5th Cir. 2011).

No provision conferred the district court with jurisdiction to consider Gresham’s postjudgment motion. As Gresham’s motion before the district court did not raise any errors that occurred at or prior to sentencing, 28 U.S.C. § 2255 did not provide a jurisdictional basis for the motion. *Tolliver v. Dobre,*211 F.3d 876, 877-78 (5th Cir. 2000). Moreover, because Gresham’s motion did not challenge the manner in which his sentence was being executed, his motion could not be construed as a 28 U.S.C. § 2241 petition. *See id.*at 877.

The motion could not have been filed pursuant to either 18 U.S.C. § 3742 or 18 U.S.C. § 3582(c). Regarding § 3742, Gresham filed his motion in the district court. As to § 3582(c), Gresham, not the Bureau of Prisons, filed the motion. Moreover, in the motion, Gresham did not base his request for relief on any action of the United States Sentencing Commission.

Federal Rules of Criminal Procedure 35 and 36 likewise do not apply. *See*Fed R. Crim. P. 35; Fed. R. Crim. P. 36; *United States v. Mares,*868 F.2d 151, 151 (5th Cir. 1989). In light of the foregoing, we AFFIRM on the alternative basis that the district court lacked jurisdiction to consid*439er the motion. *See United States v. Early,*27 F.3d 140, 141-42 (5th Cir. 1994).

*

 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.
**EXHIBIT 31.1****CERTIFICATION OF PERIODIC REPORT**I, Charles D. Johnston, certify that: 1. I have reviewed this quarterly report on Form 10-QSB of QualMark Corporation (the “smallbusiness issuer”);  2. Based on my knowledge, this report does not contain any untrue statements of materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the small business issuer as of, and for, the periods presentedin this report;  4. The small business issuer’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the small business issuer and have:a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatingto the small business issuer, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;b) [Paragraph omitted in accordance with SEC transition instructions contained in SEC release34-47986.]c) Evaluated the effectiveness of the small business issuer’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this report based onsuch evaluation; andd) Disclosed in this report any change in the small business issuer’s internal control overfinancial reporting that occurred during the small business issuer’s most recent fiscal quarterthat has materially affected, or is reasonably likely to materially affect, the small businessissuer’s internal control over financial reporting; and 5. The small business issuer’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to the small businessissuer’s auditors and the audit committee of small business issuer’s board of directors (orpersons performing the equivalent function):a) All significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the smallbusiness issuer’s ability to record, process, summarize and report financial information; andb) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the small business issuer’s internal control over financial reporting.Date: November 13, 2006       /s/ Charles D. Johnston     Charles D. Johnston    President & Chief Executive Officer
DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

JYMAL PIERRE JENKINS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 2D2023-1621

May 24, 2024

Appeal from the Circuit Court for Pinellas County; Joseph A. Bulone, 

Judge.

Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., 

Assistant Public Defender, Bartow, for Appellant.

Jymal P. Jenkins, pro se.

PER CURIAM.

Affirmed.

NORTHCUTT, VILLANTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.

Opinion subject to revision prior publication.
No. 11-10226.

#### McKnight *v.*United States.

C. A. 7th Cir. Certiorari denied.
# EUR-Lex - 32002D0471 - EN

Avis juridique important

*|*

# 32002D0471

**2002/471/EC: Commission Decision of 20 June 2002 amending Decision 95/538/EC laying down special conditions governing the import of fishery and aquaculture products originating in Japan (Text with EEA relevance) (notified under document number C(2002) 2205) **

*
Official Journal L 163 , 21/06/2002 P. 0021 - 0023 *

Commission Decision

of 20 June 2002

amending Decision 95/538/EC laying down special conditions governing the import of fishery and aquaculture products originating in Japan

(notified under document number C(2002) 2205)

(Text with EEA relevance)

(2002/471/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(1), as last amended by Directive 97/79/EC(2), and in particular Article 11(5) thereof,

Whereas:

(1) Annex A of Decision 95/538/EC of 6 December 1995 laying down special conditions governing the import of fishery and aquaculture products originating in Japan(3), as last amended by Decision 2001/253/EC(4), lays down the model of health certificate for fishery and aquaculture products originating in Japan and intended for export to the European Community.

(2) Commission Decision 2002/470/EC laying down special conditions for the import of bivalve molluscs, echinoderms, tunicates and marine gastropods from Japan(5), authorises the imports of frozen and processed bivalve molluscs, echinoderms, tunicates and marine gastropods from Japan. It is, therefore, necessary to modify the health certificate laid down in Decision 95/538/EC to include the relevant mentions to the requirements for bivalve molluscs.

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 95/538/EC is modified as follows:

Annex A shall be replaced by the Annex hereto.

Article 2

This Decision shall apply from 24 June 2002.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 June 2002.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 268, 24.9.1991, p. 15.

(2) OJ L 24, 30.1.1998, p. 31.

(3) OJ L 304, 16.12.1995, p. 52.

(4) OJ L 91, 31.3.2001, p. 81.

(5) See page 19 of this Official Journal.

ANNEX

"ANNEX A

>PIC FILE= "L_2002163EN.002203.TIF">

>PIC FILE= "L_2002163EN.002301.TIF">"
### TEX A S C OU R T OF A PPEAL S, THIR D DIST R ICT , AT AU STIN
NO. 03-05-00771- CV Acc rome dia Group , Inc. , Jim F. Faile, Dre am Girls, Inc. , E! Entertainment Tele vision Int e r nat ion al H old ing , Inc . , E! Ne tw or ks, E! Ent e r ta inm e ntTe le vis ion ,

and E ! Onlin e, Appellan ts

v. AmberKulh anek, Appellee FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRI CT NO. 01-0 505, HONO RABLE CH ARLES R. RAMSAY, JUDGE PRESIDING

ME MO R

A ND UMO P I N I O N Ap p e l l ant s A c c r o m e d i a

G r o up , I n c . , J i mF . F a i l e , Dr e amG i r l s , I n c . , E! E nter tainment T elevision Inter national H olding, Inc. , E ! N etwor ks, E ! E nter tainment T elevision, and E ! Online and appellee Amber K ulhanek no longer wish to pur sue this appea l and have filed unopposed motions to dis m i s s t h e ap peal. We gr ant the motions and dismiss t he appe al. T ex. R. App. P . 42. 1(a) .

__________________________________________ B ob P ember ton, Justice B efor e Justices B . A. S mith, P ember ton and Wa ldr op D ismiss ed on Appe llants’ M otions F iled: August 24, 2006
Exhibit 31.1 Certification of CEO Pursuant to Securities Exchange Act
 Rules 13a-14 and 15d-14 as Adopted Pursuant to Section 302 of the
 Sarbanes-Oxley Act of 2002
 I, Brian P. Burns, certify that:
 I have reviewed this quarterly report on Form 10-QSB of BF Enterprises, Inc.;Based on my knowledge, this report does 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;Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;The small business issuers other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:
Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;Evaluated the effectiveness of the small business issuers disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; andDisclosed in this report any change in the registrants internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting; and
1The small business issuers other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):
All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuers ability to record, process, summarize and report financial information; andAny fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuers internal control over financial reporting.**BF ENTERPRISES, INC.**Date:  August 13, 2004
By:
/s/ Brian P. BurnsChairman of the Board and Chief Executive Officer
2
| (logo) WELLS FARGO | **Commercial Mortgage Servicing**D1086-120, 12th Floor550 South Tyron StreetCharlotte, NC 28202 1-800-326-1334 |
|--------------------|----------------------------------------------------------------------------------------------------------------|

 

 

ANNUAL STATEMENT OF COMPLIANCE

 

Reference is hereby made to that certain Pooling and Servicing Agreement dated as of December 1, 2014, by and among RBS COMMERCIAL FUNDING INC., as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, CWCAPITAL ASSET MANAGEMENT LLC, as Special Servicer,  TRIMONT REAL ESTATE ADVISORS, INC, 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-C25 (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, Daniel Bober, Executive Vice President of Commercial Mortgage Services do hereby certify that:

 

1. A review of the activities of the Master Servicer during the period from January 1, 2015 through December 31, 2015 (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 Master Servicer has fulfilled all of its obligations under this Agreement in all material respects throughout the Reporting Period.

 

IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 4th day March 2016.

 

 

/s/ Daniel Bober

Daniel Bober

Executive Vice President

Wells Fargo Bank

 

 
| Wells Fargo Bank, N.A |  (logo) Together we’ll go far |
|-----------------------|------------------------------------------|
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>


THIS SCHEDULE  CONTAINS SUMMARY FINANCIAL  INFORMATION  EXTRACTED FROM UNAUDITED
FINANCIAL  STATEMENTS  AS  OF  APRIL  30,  1998  AND  FOR  THE  THREE  AND  NINE
MONTH-PERIODS  ENDED  APRIL  30,  1998 AND  1997,  WHICH  ARE  CONTAINED  IN THE
REGISTRANT'S  FORM 10-QSB REPORT FOR THE THIRD QUARTER OF ITS FISCAL YEAR ENDING
JULY 31, 1998 AND IS QUALIFIED  IN ITS  ENTIRETY BY REFERENCE TO SUCH  FINANCIAL
STATEMENTS.

<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUL-31-1998
<PERIOD-START>                             FEB-01-1998
<PERIOD-END>                               APR-30-1998
<CASH>                                         283,689
<SECURITIES>                                         0
<RECEIVABLES>                                   74,250
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               357,939
<PP&E>                                           1,240
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 359,179
<CURRENT-LIABILITIES>                            2,018
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,394
<OTHER-SE>                                     355,767
<TOTAL-LIABILITY-AND-EQUITY>                   359,179
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 8,171
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (8,171)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (8,171)
<EPS-PRIMARY>                                    (0.01)
<EPS-DILUTED>                                    (0.01)
        


</TABLE>
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 95 Engrossed in House (EH)]

  1st Session

                            H. CON. RES. 95

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Recognizing and commending American airmen held as political prisoners 
  at the Buchenwald concentration camp during World War II for their 
                    service, bravery, and fortitude.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
H. CON. RES. 95

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas 168 Allied airmen captured by Axis forces during World War II were held 
        as political prisoners at the Buchenwald concentration camp in Weimar, 
        Germany;
Whereas of these captured airmen, 82 were Americans, 26 were Canadians, 48 were 
        Britons, 9 were Australians, 2 were New Zealanders, and 1 was Jamaican;
Whereas the facts and circumstances of their confinement are amply documented in 
        the official records maintained by the National Archives and Records 
        Administration;
Whereas a report from the International Red Cross concerning Stalag Luft III in 
        Sagan, Germany, mentioned six American airmen held at Buchenwald, 
        including one whose name does not appear on the lists maintained by the 
        National Archives;
Whereas since the liberation of Buchenwald in 1945 numerous personal memoirs, 
        scholarly books, and articles have been published describing the 
        conditions at the concentration camp;
Whereas this extensive documentation records the extraordinarily inhuman 
        treatment, deprivations, and personal suffering inflicted on these 168 
        Allied airmen and other inmates at Buchenwald; and
Whereas Allied Governments and veterans organizations outside the United States 
        have granted special recognition to their citizens and servicemembers 
        who were held as political prisoners in World War II concentration 
        camps: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress--
            (1) recognizes and commends the 82 American airmen held as 
        political prisoners at the Buchenwald concentration camp during 
        World War II for their faithful service, personal bravery, and 
        exceptional fortitude; and
            (2) requests that the President issue a proclamation 
        recognizing and commending, by name, the service, bravery, and 
        fortitude of those airmen.

            Passed the House of Representatives September 16, 1997.

            Attest:

                                                                 Clerk.
```
[49l0-I3-P]

DEPARTMENT OF TRANSPORTATION ;oNCU.~"NCfiS ROIJTU<G SVMOOL Federal Aviation Administration INI'II,\I_,,'SJG 14CFR Part 39 [Docket No. FA.-\.-2010-0382; Directorate Identifier 2009-NM-21J-AD; Amendmen 

# It,3&>/ 39-**; AD *~ 

## '2-010- 

## /4 -Ib RIN 2120-AA64 

## b (<l, {O OUTING ''"'lOOt. ANiVI-IILI INnl"l.S,'S'GitlHiJoO*~ 

# /Z--'/; /0



# o .OlJTING "·"JIOL

ACTION: Final rule. Airworthiness Directives; Bombardier, Inc. ode1DHC-8-400, -401, and -402

(DOT). AGENCY: Federal Aviation Administration (IfAA), Depm1ment ofTransportation Airplanes

SUMMARY: We are superseding an existing airworthiness directive (AD) forthe RO 1~''''YM products listed above. This AD results [yom mLdatory continuing ainvorthiness INI'rIAIS'~IG information (MeAl) originated byan aviation LthoritY of another country to identify ,M"m and correct an unsafe condltlOll on an aViation

# rl roduel The MeAl descrlhcs the unsafe 

# :,~~~::,::"OO, condition as.
OATf Several cases have been reported wher9 a loss of fluid in the NO.2 hydraulic system has caused thepower transfer unit (PTU) to overspeed, wUHNGm'BoL resulting inpressure fluctuations and intreased fluid tlow within theNO.1 hydraulic system. In one case, the hydrltulic system control logic did not shut dmvn the PTU and the overspeed epndition persisted, resulting inthe illumination oftheNo.1 HYD FLUID mOT caution light.


## * * * * * * * "OUT'T<G SYMBOL The unsafe condition is possible loss ofbotb theNo.1 andNo.2 hydrauiJc systems, resulting Inthepotential loss of several functioL essential for safe flight and landing of DAn