alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Submitted November 4, 2016,

reversed January 25, 2017

#### In the Matter of R. N. J., a Person Alleged to have a Mental Illness. STATE OF OREGON, *Respondent, v.*R. N. J., *Appellant.*

Washington County Circuit Court

C160007MC; A161720

388 P3d 1235

Joseph DeBin and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Shannon T. Reel, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Egan, Judge, and Lagesen, Judge.

*487PER CURIAM

In this civil commitment case, appellant appeals an order committing him to the custody of the Oregon Health Authority for a period not to exceed 180 days. ORS 426.130. He claims as error that there was insufficient evidence to support the trial court’s determination that he was a person with a mental disorder. ORS 426.005(1)(f). Appellant citing *State v. Collman,*9 Or App 476, 497 P2d 1233 (1972), also contends that the court erred when it stopped the recording of the commitment proceeding after it advised appellant of his rights, ORS 426.100, and the mental health examiner briefly questioned appellant about his understanding of what was occurring. The state concedes that, in those circumstances, the trial court erred when it stopped the recording. We agree, accept the state’s concession, and, accordingly, reverse the commitment order.

Reversed.
(logo) Rialto CAPITAL

 

 

**2016 Annual Statement ofServicer Compliance (Item 1123)**

 

 

Pooling and ServicingAgreement (the "Pooling and Servicing Agreement") dated as of March1, 2015 by and among Deutsche Mortgage & Asset Receiving Corporation asDepositor, KeyBank National Association as Master Servicer, Rialto CapitalAdvisors, LLC as Special Servicer, Wells Fargo Bank, National Association asTrustee, Certificate Administrator, Paying Agent and Custodian and Park BridgeLender Services LLC as Operating Advisor relating to the Deutsche Mortgage&Asset Receiving Corporation, COMM 2015-DCl Mortgage Trust, Commercial MortgagePass-Through Certificates **(COMM 2015-DCl)**

 

The undersigned, a dulyauthorized officer of Rialto Capital Advisors, LLC, as special servicer (the"Special Servicer") herein certifies to the following:

 

1. All servicing activitiesand performance of such servicing activities under the Pooling and ServicingAgreement are performed on behalf of the Special Servicer.

 

2. A review of the servicingactivities and performance by the Special Servicer for the period of January 1,2016 to December 31, 2016 (the "Reporting Period") in accordance withthe Pooling and Servicing Agreement has been conducted under my supervision.

 

3. To the best of myknowledge, based on such review, the Special Servicer has fulfilled all of itsobligations under the terms of the Pooling and Servicing Agreement, in all materialrespects for the Reporting Period and if there has been a failure to fulfillany such obligations in any material respect, each failure and the nature andstatus thereof has been specifically identified herein.

 

 

Certified by: /s/ Adam Singer

Adam Singer, Managing Director

Date: March 1, 2017
#### UNITED STATES of America Plaintiff-Appellee v. Randy Robert SMITH Defendant-Appellant

No. 17-2499

United States Court of Appeals, Eighth Circuit.

Submitted: February 26, 2018

Filed: March 2, 2018

Adam Caine, Special Assistant U.S. Attorney, U.S. Attorney’s Office, Kansas City, MO, for Plaintiff-Appellee

Randy Robert Smith, Pro Se

Before GRUENDER, MURPHY, and SHEPHERD, Circuit Judges.

PER CURIAM.

Randy Smith directly appeals the within-Guidelines-range sentence the district court1 imposed after he pled guilty to being a felon in possession of a firearm. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence is substantively unreasonable, that the district court erred in applying a sentencing enhancement, and that the district court erred by not properly considering Smith’s request for a downward departure. In a pro se brief, Smith also challenges the sentencing enhancement, and claims that he received ineffective assistance of counsel.

To begin, we decline to consider Smith’s ineffective-assistance-of-counsel claim on direct appeal. See United States v. Ramirez-Hernandez, 449 F.3d 824, 826-27 (8th Cir. 2006) (ineffective-assistance claims are usually best litigated in collateral proceedings, where record can be properly developed).

Next, we find no error in the district court’s calculation of the Guidelines range. See United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (this court reviews dis*527trict court’s application of Guidelines de novo, and its findings of fact for clear error). We also conclude that the record demonstrates the district court considered Smith’s request for a downward departure, and we find that the court’s decision not to depart downward is unreviewable on appeal. See United States v. Wanna, 744 F.3d 584, 589 (8th Cir. 2014) (when district court is aware of discretion to depart downward under Guidelines and elects not to exercise discretion, then decision is un-reviewable).

Further, we conclude that the district court did not impose a substantively unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (discussing appellate review of sentencing decisions); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal, within-Guidelines-range sentence may be presumed reasonable). In addition, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

1

. The Honorable Beth Phillips, United States District Judge for the Western District of Missouri.
<TABLE> <S> <C>

<ARTICLE> 5
       
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<FISCAL-YEAR-END>                          MAY-31-1998
<PERIOD-START>                             JUN-01-1997
<PERIOD-END>                               FEB-28-1998
<CASH>                                         396,647
<SECURITIES>                                         0
<RECEIVABLES>                                3,151,335
<ALLOWANCES>                                    64,967
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<CURRENT-ASSETS>                             6,577,917
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<TOTAL-COSTS>                                4,082,312
<OTHER-EXPENSES>                             1,785,622
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,842
<INCOME-PRETAX>                                 74,365
<INCOME-TAX>                                    33,618
<INCOME-CONTINUING>                             40,747
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<CHANGES>                                            0
<NET-INCOME>                                    40,747
<EPS-PRIMARY>                                      .01
<EPS-DILUTED>                                        0
        

</TABLE>
I 

116TH CONGRESS 

2D SESSION H. R. 8891 

To designate the facility of the United States Postal Service located at 

229 Minnetonka Avenue South in Wayzata, Minnesota, as the ‘‘Jim 

Ramstad Post Office’’. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 7, 2020 

Mr. PHILLIPS (for himself, Mr. HAGEDORN, Ms. CRAIG, Ms. MCCOLLUM, Ms. 

OMAR, Mr. EMMER, Mr. PETERSON, and Mr. STAUBER) introduced the 

following bill; which was referred to the Committee on Oversight and Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 229 Minnetonka Avenue South in Wayzata, 

Minnesota, as the ‘‘Jim Ramstad Post Office’’. 

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

3 SECTION 1. JIM RAMSTAD POST OFFICE. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 229 Minnetonka Avenue South 

6 in Wayzata, Minnesota, shall be known and designated as 

7 the ‘‘Jim Ramstad Post Office’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 8891 IH

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Jim Ramstad Post 

5 Office’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
TENNESSEE GAS PIPELINE COMPANY AND CONSOLIDATED SUBSIDIARIES FINANCIAL
STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                             706
<SECURITIES>                                         0
<RECEIVABLES>                                      474
<ALLOWANCES>                                         0
<INVENTORY>                                        999
<CURRENT-ASSETS>                                 6,152
<PP&E>                                          10,908
<DEPRECIATION>                                   5,598
<TOTAL-ASSETS>                                  13,700
<CURRENT-LIABILITIES>                            2,479
<BONDS>                                            536
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
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<OTHER-SE>                                       7,721
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<SALES>                                          6,454
<TOTAL-REVENUES>                                 6,454
<CGS>                                            4,783
<TOTAL-COSTS>                                    4,783
<OTHER-EXPENSES>                                   852
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 212
<INCOME-PRETAX>                                    995
<INCOME-TAX>                                       403
<INCOME-CONTINUING>                                566
<DISCONTINUED>                                     (30)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       536
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        






</TABLE>
Exhibit 10.7
	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


    	
	




     


     


     


IN WITNESS WHEREOF, the parties hereto have executed this Employment
Agreement as of the date first set forth above.


 


	 	ROTECH HEALTHCARE INC.
	 	 
	 	/s/ Timothy C. Pigg
	 	Name:	Timothy C. Pigg
	 	Title:	CEO
	 	 
	 	Executive
	 	 
	 	/s/ Thomas J. Koenig
	 	Thomas J. Koenig
	 	 
	[Signature Page to Employment Agreement]
June 29, 2012

No. 09-10231.

#### Turner *v.*United States. *948Greineder *v.*Massachusetts. Willis *v.*Illinois. Pablo *v.*United States. Johnson *v.*California. Suen *v.*California. Kwon *v.*California. Mercado *v.*California.

*947C. A. 7th Cir. Reported below: 591 F. 3d 928;

*948No. 10-8835.

No. 10-9303.

No. 10-9789.

No. 10-10923.

No. 10-10936.

No. 11-5832.

No. 11-7972.

Sup. Jud. Ct. Mass. Reported below: 458 Mass. 207, 936 N. E. 2d 372;

App. Ct. Ill., 1st Dist.;

C. A. 10th Cir. Reported below: 625 F. 3d 1285;

Ct. App. Cal., 3d App. Dist.;

Ct. App. Cal., 2d App. Dist.;

Ct. App. Cal., 2d App. Dist.; and

Ct. App. Cal., 2d App. Dist. Motions of petitioners for leave to proceed *in forma pauperis*granted. Certiorari granted, judgments vacated, and cases remanded for further consideration in light of *Williams*v. *Illinois, ante,*p. 50.
I 

116TH CONGRESS 

1ST SESSION H. R. 899 

To terminate the Department of Education. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 30, 2019 

Mr. MASSIE (for himself, Mr. AMASH, Mr. BIGGS, Mr. DUNCAN, Mr. GAETZ, 

Mr. GOHMERT, Mr. GOSAR, Mr. HICE of Georgia, Mr. JONES, Mr. ROY, 

and Mr. WEBER of Texas) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To terminate the Department of Education. 

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

3 SECTION 1. TERMINATION OF THE DEPARTMENT OF EDU4 CATION. 

5 The Department of Education shall terminate on De6 cember 31, 2020. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
ex10-4.htm


Exhibit 10.4




AMENDMENT #2 TO THE OPTION AGREEMENT


 


Effective as of the 11th day of February, 2014


 


BETWEEN:


 


Viscount Nevada Holdings Ltd., with a resident agent address at


 


1000 East William Street, Suite 204, Carson City, Nevada  89701


 







(the “Optionor”)


 


AND:


 


Nevada Tungsten Holdings Ltd., with an office at


 


1671 SW 105 Lane, Davie, FL 33324







(the “Optionee”)







 


The parties hereby agree that notwithstanding that the payment contemplated in section 4 (b) (ii) of the Option Agreement, “US$100,000 to the Optionor on or before February 15, 2014,” (the “Payment”), will not be made on or before February 15, 2014, and that the annual work commitment contemplated in section4 (c) (i) of the Option Agreement, “exploration expenditures on the Property of US$250,000 on or before the first anniversary of the execution of this Agreement,” (the “Work”), will not be expended by the first anniversary, that the Option Agreement remains unchanged and in good standing with full force and effect, with the understanding that the Payment will be made, and the Work will be expended, on or before June 15, 2014. For this consideration and upon the execution of this Amendment #2, the Optionee will issue to the Optionor 250,000 shares of common stock in Tungsten Corp..


 


Dated this 11th day of February, 2014.


 


SIGNED AND DELIVERED BY:







Viscount Nevada Holdings Ltd.


 







Per:                   


Authorized Signatory


 







SIGNED AND DELIVERED BY:







Nevada Tungsten Holdings Ltd.







 



Per:                   


Authorized Signatory
EXHIBIT 32.2
                                                                    ------------




                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350


     Pursuant to 18 U.S.C. ss. 1350, the undersigned officer of Harold's Stores,
Inc. (the "Company"), hereby certifies that the Company's Quarterly Report on
Form 10-Q for the quarter ended May 5, 2007 (the "Report") fully complies with
the requirements of Section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934 and that the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.



Date:     June 19, 2007                                /s/ Jodi Taylor
                                                       -------------------------
                                                       Jodi Taylor
                                                       Chief Financial Officer
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 03648**  **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name Description**  x 03648\03648_Checklist.xls EPA Technical Review Checklist Workbook

03648\03648_Completeness_Checklist.xls EPA Completeness Review Checklist 03648\03648_HardcopyLog.doc EPA log of hardcopy documents submitted x 03648\03648_Part A.xls Plant submitted survey file x 03648\03648_Part B.xls Plant submitted survey file x 03648\03648_Part C.xls Plant submitted survey file x 03648\03648_Part D.xls Plant submitted survey file x 03648\03648_Part H.xls Plant submitted survey file

03648\Certification Statement Plant ID 3648.pdf Plant certification statement x 03648\Quest3648.doc Draft Questions for Follow Up x 03648\Supplemental Documents\Map1_PlantID3648_JBSims.pdf Plant submitted supplemental files to the survey x x 03648\Supplemental Documents\SPD-1_SPD-2_PlantID3648_JBSIMS.pdf Plant submitted supplemental files to the survey

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF BRAD RAGAN, INC. AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

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<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           1,110
<SECURITIES>                                         0
<RECEIVABLES>                                   72,204
<ALLOWANCES>                                     2,400
<INVENTORY>                                     42,275
<CURRENT-ASSETS>                               118,957
<PP&E>                                           9,680
<DEPRECIATION>                                  23,670
<TOTAL-ASSETS>                                 132,010
<CURRENT-LIABILITIES>                           78,612
<BONDS>                                              0
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<COMMON>                                         2,191
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<SALES>                                        245,743
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<CGS>                                          169,276
<TOTAL-COSTS>                                  254,331
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 2,097
<INTEREST-EXPENSE>                               2,760
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<EPS-PRIMARY>                                      .65
<EPS-DILUTED>                                      .65


</TABLE>
I 

116TH CONGRESS 

2D SESSION H. R. 8829 

To direct the Administrator of the Federal Aviation Administration to issue 

regulations to require certain air carriers to adopt safety management 

systems, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 2, 2020 

Mr. ALLRED introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To direct the Administrator of the Federal Aviation Administration to issue regulations to require certain air carriers 

to adopt safety management systems, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Brian McDaniel Heli5 copter Safety Act’’. 

6 SEC. 2. HELICOPTER SAFETY. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Administrator of the 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 8829 IH

1 Federal Aviation Administration shall issue such regula2 tions as are necessary to amend part 5 of title 14, Code 

3 of Federal Regulations, to require each air carriers con4 ducting commercial air tours (as such term is defined in 

5 section 110.2 of title 14, Code of Federal Regulations) to 

6 adopt a safety management system. 

7 (b) GUIDANCE.— 

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this Act, the Administrator 

10 shall issue guidance to operators of commercial air 

11 tours (as such term is defined in section 110.2 of 

12 title 14, Code of Federal Regulations) on deter13 mining if a passenger is intoxicated or impaired. 

14 (2) CONSIDERATION.—In developing guidance 

15 pursuant to paragraph (1), the Administrator shall 

16 address unique risks, regardless of aircraft size, 

17 when passengers are in proximity to aircraft con18 trols. 

19 (c) PROHIBITION.—Not later than 1 year after the 

20 date of enactment of this Act, the Administrator shall 

21 issue such regulations as are necessary to prohibit air car22 riers conducting commercial air tours (as such term is de23 fined in section 110.2 of title 14, Code of Federal Regula24 tions) from operating under part 91 of title 14, Code of 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 8829 IH

1 Federal Regulations, without an exemption from the Ad2 ministrator. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
EXHIBIT 32.1




     CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. ss. 1350



I, Bruce M. Goldberg, President and Chief Executive Officer of All American
Semiconductor, Inc., hereby certify, to my knowledge:

          (1)  that the Quarterly Report on Form 10-Q of All American
               Semiconductor, Inc. for the quarterly period ended on September
               30, 2003 filed with the Securities and Exchange Commission on the
               date hereof at File No. 0-16207 (the "Report") fully complies
               with the requirements of Section 13(a) or 15(d), as applicable,
               of the Securities Exchange Act of 1934; and

          (2)  that the information contained in the Report fairly presents, in
               all material respects, the financial condition and results of
               operations of All American Semiconductor, Inc.

The foregoing certification is being furnished solely pursuant to 18 U.S.C. ss.
1350 and is not being filed as part of the Report or as a separate disclosure
document.





Dated: November 13, 2003                         /s/ Bruce M. Goldberg
                                       -----------------------------------------
                                                 Bruce M. Goldberg