alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7273

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. WARREN KUZON, a/k/a James Brown, a/k/a Shortman, Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (2:00-cr-00765-PMD-1)

Submitted: February 26, 2009 Decided: March 5, 2009

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Warren Kuzon, Appellant Pro Se. Peter Thomas Phillips, Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Warren Kuzon appeals the district court’s orders granting his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006), and summarily denying his motion for reconsideration. Kuzon asserts on appeal that the district court erred in declining to sentence him below the amended Guidelines range for crack cocaine sentences, contending that a lower sentence would be permitted by Gall v. United States , 128 S. Ct. 586 (2007), Kimbrough v. United States , 128 S. Ct. 558 (2007), and United States v. Booker , 543 U.S. 220 (2005). However, this argument is foreclosed by this court’s decision in United States v. Dunphy , 551 F.3d 247, 257 (4th Cir. 2009). Moreover, the district court did not abuse its discretion in imposing a sentence at the high end of the amended Guidelines

range. See United States v. Goines , 357 F.3d 469, 478 (4th Cir. 2004). Accordingly, we affirm the orders of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BOTH
THE JUNE 30, 1997 BALANCE SHEET AND STATEMENT OF INCOME AND EXPENSES
AND IS QAULIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000711512
<NAME> AMERICAN REPUBLIC REALTY FUND I
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          61,668
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      16,817,227
<DEPRECIATION>                               8,699,635
<TOTAL-ASSETS>                               8,470,079
<CURRENT-LIABILITIES>                                0
<BONDS>                                      6,889,368
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                 (2,800,447)
<TOTAL-LIABILITY-AND-EQUITY>                 8,470,079
<SALES>                                              0
<TOTAL-REVENUES>                             1,235,634
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               958,554
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             126,267
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   174,803
<EPS-PRIMARY>                                    15.89
<EPS-DILUTED>                                        0
        

</TABLE>
Opinion issued November 21, 2017

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-17-00195-CV

———————————

SUSAN BROMLEY, Appellant

V.

LYNN BENYI, Appellee

On Appeal from the Probate Court

Galveston County, Texas

Trial Court Cause No. PR-0077407

MEMORANDUM OPINION

Appellant, Susan Bromely, has filed a motion to dismiss her appeal because 

the parties have entered into a mediated settlement agreement. See TEX. R. APP. P. 

42.1(a)(1). Although appellant’s motion does not contain a certificate of conference, 

the motion contains a certificate of service on appellee’s counsel, the motion has 
2

been on file with this Court for more than ten days, and no response has been filed.

See id. 9.5(d), (e), 10.1(a)(5), 10.3(a)(2). No other party has filed a notice of appeal 

and no opinion has issued. See id. 42.1(a)(1), (c).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. 

P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Brown, and Lloyd.
```
[Federal Register Volume 60, Number 93 (Monday, May 15, 1995)]
[Notices]
[Page 25926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11928]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[AZ-020-7122-02-5491]

Notice of Correction of Availability of the Cyprus Tohono 
Corporation Proposed Mine Expansion Final Environmental Impact 
Statement, Phoenix District, Arizona

agency: Bureau of Land Management, Interior.

action: Correction.

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

summary: In compliance with the Federal Land Policy and Management Act 
of 1976, section 102(2)(c) of the National Environmental Policy Act of 
1969, and The United States Department of the Interior Secretarial 
Order No. 3087, Section 5, Amendment No. 1, The Bureau of Land 
Management (BLM) has prepared an Environmental Impact Statement (EIS) 
for the Cyprus Tohono Corporation's (Cyprus) proposed mine expansion on 
the Tohono O'odham Nation (Nation), Papago Indian Reservation. For 
additional detail see Federal Register, Vol. 60, No. 81, page 20737, 
dated Thursday, April 27, 1995. The April 27, 1995 Notice incorrectly 
stated the appeal procedures. The correct appeal procedure can be found 
at 43 CFR 4.400.

dates: Appeals must be filed within 30 days of the Notice of Filing by 
the United States Environmental Protection Agency in the Federal 
Register on May 5, 1995. These procedures can be found in the Code of 
Federal Regulations (43 CFR 4.400).

for further information contact: Bureau of Land Management, Attn: Moon 
Hom, 2015 West Deer Valley Road, Phoenix, Arizona 85027; (602) 780-
8090.

    Dated: May 8, 1995.
David J. Miller,
Associate District Manager.
[FR Doc. 95-11928 Filed 5-12-95; 8:45 am]
BILLING CODE 4310-32-M
```
Exhibit 35
                                  ----------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWABS, INC.
                 CWABS ASSET-BACKED CERTIFICATES TRUST 2007-12
                   ASSET-BACKED CERTIFICATES, SERIES 2007-12


         The undersigned does hereby certify that the undersigned is an
officer of Countrywide GP, Inc., general partner of Countrywide Home Loans
Servicing LP (the "Master Servicer"), and does hereby further certify pursuant
to Section 3.17 of the Pooling and Servicing Agreement for the above-captioned
Series (the "Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under my supervision; and

(ii) To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout such calendar year.




/s/ Craig Baingo                                         Dated: March 14, 2008
-----------------

Craig Baingo
Executive Vice President, Finance
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial data extracted from the Company's
consolidated financial statements for the quarter ended December 31, 1999
included in Part I Financial information and is qualified in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-2000
<CASH>                                          12,389
<SECURITIES>                                     6,406
<RECEIVABLES>                                    4,975
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                26,644
<PP&E>                                          40,286
<DEPRECIATION>                                   8,456
<TOTAL-ASSETS>                                  58,503
<CURRENT-LIABILITIES>                            6,468
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,752
<OTHER-SE>                                      46,283
<TOTAL-LIABILITY-AND-EQUITY>                    58,503
<SALES>                                          4,259
<TOTAL-REVENUES>                                 4,259
<CGS>                                                0
<TOTAL-COSTS>                                    4,227
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    264
<INCOME-TAX>                                         5
<INCOME-CONTINUING>                                259
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       259
<EPS-BASIC>                                        .04
<EPS-DILUTED>                                      .04


</TABLE>
**Exhibit 32.2**

CERTIFICATION PURSUANT TO 

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-K of Total Nutraceutical Solutions, Inc. (the “Company”) for the fiscal year ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Marvin S. Hausman, M.D. Acting Principal Financial and Accounting Officer of the Company, hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that: 

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and 

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

| Dated:  April 15, 2010

By:  /s/ Marvin S. Hausman, M.D.

 

 

       Marvin S. Hausman, M.D.

 

       Acting Principal Accounting and Financial Officer 

This certification accompanies each Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of §18 of the Securities Exchange Act of 1934, as amended. 

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. |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
<TABLE> <S> <C>

<ARTICLE>                             5
<LEGEND>
This schedule  contains  summary  financial  information  extracted from ANGELES
INCOME  PROPERTIES,  LTD. II 2000 Third  Quarter  10-QSB and is qualified in its
entirety by reference to such 10-QSB filing.
</LEGEND>
<CIK>                                 0000711642
<NAME>                                ANGELES INCOME PROPERTIES, LTD. II
<MULTIPLIER>                                              1,000

<S>                                     <C>
<PERIOD-TYPE>                         9-MOS
<FISCAL-YEAR-END>                     DEC-31-2000
<PERIOD-START>                        JUL-01-2000
<PERIOD-END>                          SEP-30-2000
<CASH>                                                      928
<SECURITIES>                                                  0
<RECEIVABLES>                                               562
<ALLOWANCES>                                                  0
<INVENTORY>                                                   0
<CURRENT-ASSETS>                                              0 <F1>
<PP&E>                                                   33,408
<DEPRECIATION>                                          (23,897)
<TOTAL-ASSETS>                                           11,406
<CURRENT-LIABILITIES>                                         0 <F1>
<BONDS>                                                  17,612
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   0
<COMMON>                                                      0
<OTHER-SE>                                               (7,390)
<TOTAL-LIABILITY-AND-EQUITY>                             11,406
<SALES>                                                       0
<TOTAL-REVENUES>                                          5,184
<CGS>                                                         0
<TOTAL-COSTS>                                                 0
<OTHER-EXPENSES>                                          4,744
<LOSS-PROVISION>                                              0
<INTEREST-EXPENSE>                                        1,043
<INCOME-PRETAX>                                               0
<INCOME-TAX>                                                  0
<INCOME-CONTINUING>                                           0
<DISCONTINUED>                                              114
<EXTRAORDINARY>                                               0
<CHANGES>                                                     0
<NET-INCOME>                                              2,614
<EPS-BASIC>                                               25.07 <F2>
<EPS-DILUTED>                                                 0
<FN>
<F1> Registrant has an unclassified balance sheet. <F2> Multiplier is 1.
</FN>


</TABLE>
Carlton PIERCE, petitioner, v. THE FLORIDA BAR.

No. 12-1101.

Supreme Court of the United States

May 13, 2013.

Petition for writ of certiorari to the Supreme Court of Florida denied.
Winston R. IRONS, petitioner, v. UNITED STATES.

No. 13-6883.

Supreme Court of the United States

Nov. 18, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
Exhibit 23.12


Consent of Independent Auditors





The Board of Directors


Kennedy-Wilson Holdings, Inc.:


We consent to the use of our report dated March 31, 2014, with respect to the consolidated balance sheet of KWF Real Estate Venture VI, L.P. and subsidiary as of December 31, 2013, the related consolidated statements of operations and comprehensive income (loss), partners’ capital, and cash flows for the years ended December 31, 2013 and 2012, and the related notes to the consolidated financial statements, incorporated by reference in the registration statements (No. 333-174742, No. 333-175002, No. 333-175559, No. 333-184752, and No. 333-192059) on Form S-3, the registration statements (No. 333-164928, No. 333-182269, and No. 333-197492) on Form S-8, the registration statement (No. 333-164926) on Form S-1/A and the registration statement (No. 333-186690) on Form S-4 of Kennedy-Wilson Holdings, Inc. in reliance upon the reports of KPMG LLP, independent auditors, which report appears in amendment no. 1 to the December 31, 2014 annual report on Form 10-K of Kennedy-Wilson Holdings, Inc.








/s/ KPMG LLP


Los Angeles, California


March 27, 2015
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

SHARON BATISTE and LAWRENCE 

BATISTE, 

 Plaintiffs, 

 v. 

ALICIA MACKLIN, et al., 

 Defendants. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No. 2:13-cv-390 JD 

OPINION AND ORDER

Now before the Court is the Plaintiffs’ motion to amend the Court’s order dismissing this 

matter without prejudice. The Plaintiffs filed this suit in Indiana against Wisconsin residents 

based on events that occurred in Illinois. [DE 1]. The Defendants moved to dismiss the 

complaint for lack of subject matter jurisdiction and personal jurisdiction. [DE 1]. In the 

Plaintiffs’ response to the motion to dismiss, they “acknowledge[d] that this matter is not before 

the proper court,” and requested that this action be dismissed without prejudice so that it can be 

re-filed in the appropriate jurisdiction. [DE 17]. Based on the parties’ agreement that this matter 

should be dismissed, the Court granted the motion on February 4, 2014 and dismissed the 

complaint without prejudice. [DE 18]. 

In their current motion, the Plaintiffs “request this Court amend its Order of February 4, 

2014 to include that Plaintiffs have up to one (1) year from the date of the Order to re-file their 

Complaint in the appropriate jurisdiction.” [DE 20]. However, they do not cite any authority for 

the Court to enter such an order. Over six months have passed since this matter was dismissed, 

so any relief from the dismissal would have to be based on Rule 60(b) of the Federal Rules of 

Civil Procedure, but the Plaintiffs do not indicate which of those elements apply, or how. In 
2 

addition, as the Defendants argued in their initial motion to dismiss, the Plaintiffs’ complaint did 

not properly allege either diversity of the parties or the amount in controversy, such as to give 

this Court subject matter jurisdiction over this case, so the Court cannot award the sort of 

affirmative relief the Plaintiffs are now seeking. Finally, to the extent the Plaintiffs are asking the 

Court to rule prospectively on whether the statute of limitations will bar their suit once it is refiled in another jurisdiction, that question is best left to the courts in that other jurisdiction to 

resolve. 

Therefore, the Plaintiffs’ motion to amend [DE 20] is DENIED. 

 SO ORDERED. 

 ENTERED: September 17, 2014 

 

 /s/ JON E. DEGUILIO 

 Judge 

 United States District Court
##### 



EXHIBIT 12.1
  STATEMENT REGARDING COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
(IN THOUSANDS)
 YEARS ENDED2001
    
    
    2002
    
    
    2003
    
    
    2004
    
    
    2005
    
    
    Three MonthsEndedApril 1, 2006Pre-tax income (loss) from
continuing operations
    
    $
    (565.2
    )
    
    $
    (260.2
    )
    
    $
    102.4
    
    
    $
    (183.7
    )
    
    $
    (41.2
    )
    
    $
    (101.7
    )Fixed charges:Interest expense
    
    
    25.1
    
    
    
    26.6
    
    
    
    30.2
    
    
    
    31.8
    
    
    
    34.4
    
    
    
    6.9Interest
included in rentalpayments (1)
    
    
    9.1
    
    
    
    8.5
    
    
    
    10.1
    
    
    
    10.5
    
    
    
    9.5
    
    
    
    3.0Total fixed charges
    
    $
    34.2
    
    
    $
    35.1
    
    
    $
    40.3
    
    
    $
    42.3
    
    
    $
    43.9
    
    
    
    9.9Pre-tax income (loss) from
continuing operations plus
fixed charges
    
    $
    (531.0
    )
    
    $
    (225.1
    )
    
    $
    142.7
    
    
    $
    (141.4
    )
    
    $
    2.7
    
    
    $
    ( 91.8
    )Ratio of earnings to
fixed charges
    
    
    
    (2)
    
    
    
    (3)
    
    
    3.5
    
    
    
    
    (4)
    
    
    
    (5)
    
    
    
    (6)
 
 (1)
    
    Represents appropriate portion (1/3) of rentals.(2)
    
    Due to the Companys loss in 2001, the ratio coverage was less than
1:1. The Company must generate additional earnings of $565.2 million to
achieve a coverage of 1:1.(3)
    
    Due to the Companys loss in 2002, the ratio coverage was less than
1:1. The Company must generate additional earnings of $260.2 million to
achieve a coverage of 1:1.(4)
    
    Due to the Companys loss in 2004, the ratio coverage was less than
1:1. The Company must generate additional earnings of $183.7 million to
achieve a coverage of 1:1.(5)
    
    Due to the Companys loss for the 12 months ended December 31, 2005,
the ratio coverage was less than 1:1. The Company must generate additional
earnings of $41.2 million to achieve a coverage of 1:1.(6)
    
    Due to the Companys loss for the three months ended April 1, 2006
the ratio coverage was less than 1:1. The Company must generate additional
earnings of $101.7 million to achieve a coverage of 1:1.
Luis Alfonso Martinez VALLEJO, petitioner, v. UNITED STATES

Abelardo Navarrete-Rembao, petitioner, v. United States.

No. 12-9497.

Supreme Court of the United States

April 29, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
<PAGE>

                                                                    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

In connection with the Quarterly Report of Universal American Financial Corp.
(the "Company") on Form 10-Q/A for the period ending September 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Richard A. Barasch, Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

         (1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

         (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.

Date:  December 23, 2003

                                                 /s/ Richard A. Barasch
                                                 ------------------------------
                                                 Richard A. Barasch
                                                 Chief Executive Officer

                                       49