alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) No. 1:15-cr-00059-TLS-SLC

)

DARIN KAUFMANN )

FINDINGS AND RECOMMENDATION

OF THE MAGISTRATE JUDGE

UPON A PLEA OF GUILTY

TO: THE HONORABLE THERESA L. SPRINGMANN, JUDGE, 

UNITED STATES DISTRICT COURT

Upon Defendant’s request to enter a plea of guilty pursuant to Rule 11 of the Federal

Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge

Susan Collins, on May 6, 2016, with the written consents of Defendant, counsel for

Defendant, and counsel for the United States of America.

The hearing on Defendant’s plea of guilty was in full compliance with Rule 11, Federal

Rules of Criminal Procedure, before the Magistrate Judge in open court and on the record.

In consideration of that hearing and the statements made by Defendant under oath on

the record and in the presence of counsel, the remarks of the Assistant United States Attorney

and of counsel for Defendant,

I FIND as follows:

(1) that Defendant understands the nature of the charges against him to which the plea

is offered;

(2) that Defendant understands his right to trial by jury, to persist in his plea of not

guilty, to the assistance of counsel at trial, to confront and cross-examine adverse witnesses,
and his right against compelled self-incrimination;

(3) that Defendant understands what the maximum possible sentence is, including the

effect of the supervised release term, and Defendant understands that the Sentencing Guidelines

apply and that the Court may depart from those guidelines under some circumstances;

(4) that the plea of guilty by Defendant has been knowingly and voluntarily made and is

not the result of force or threats or of promises;

(5) that Defendant is competent to plead guilty;

(6) that Defendant understands that his answers may later be used against him in a

prosecution for perjury or false statement;

(7) that there is a factual basis for Defendant’s plea; and further,

I RECOMMEND that the Court accept Defendant’s plea of guilty and that Defendant

be adjudged guilty of the offenses charged in Counts 1 and 2 of the two-count Indictment, and

have sentence imposed. A Presentence Report has been ordered. Should this Findings and

Recommendation be accepted and Defendant adjudged guilty, sentencing will be scheduled

before Judge Theresa L. Springmann by separate order and notice. Objections to the Findings

and Recommendation are waived unless filed and served within fourteen (14) days. 28 U.S.C.

§ 636(b)(1)(B).

DATED this 6th day of May 2016.

/s/ Susan Collins 

Susan Collins,

United States Magistrate Judge

2
I 

109TH CONGRESS 

1ST SESSION H. R. 2159 

To extend the duty suspension on methanol, sodium salt. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2005 

Mr. BROWN of South Carolina introduced the following bill; which was 

referred to the Committee on Ways and Means 

A BILL 

To extend the duty suspension on methanol, sodium salt. 

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

3 SECTION 1. METHANOL, SODIUM SALT. 

4 (a) IN GENERAL.—Heading 9902.01.36 of the Har5 monized Tariff Schedule of the United States (relating to 

6 methanol, sodium salt) is amended by striking ‘‘12/31/ 

7 2006’’ and inserting ‘‘12/31/2008’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 

10 warehouse for consumption, on or after the 15th day after 

11 the date of the enactment of this Act. 

Æ
# L_2008344EN.01013901.xml

| 20.12.2008 | EN | Official Journal of the European Union | L 344/139 |
| --- | --- | --- | --- |

20.12.2008

EN

Official Journal of the European Union

L 344/139

---

POLITICAL AND SECURITY COMMITTEE DECISION EUPOL COPPS/1/2008

of 16 December 2008

concerning the appointment of the Head of the European Union Police Mission for the Palestinian Territories

(2008/970/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 25 thereof,

Having regard to Council Joint Action 2005/797/CFSP of 14 November 2005 on the European Union Police Mission for the Palestinian Territories (1), and in particular Article 11(2) thereof,

Whereas:

| (1) | Under Article 11(2) of Joint Action 2005/797/CFSP, the COPS is authorised, in accordance with Article 25 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the EUPOL COPPS mission, including in particular the decision to appoint a Head of Mission. |
| --- | --- |

(1)

Under Article 11(2) of Joint Action 2005/797/CFSP, the COPS is authorised, in accordance with Article 25 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the EUPOL COPPS mission, including in particular the decision to appoint a Head of Mission.

| (2) | The Secretary-General/High Representative has proposed the appointment of Mr Paul KERNAGHAN as Head of the EUPOL COPPS mission, |
| --- | --- |

(2)

The Secretary-General/High Representative has proposed the appointment of Mr Paul KERNAGHAN as Head of the EUPOL COPPS mission,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Paul KERNAGHAN is hereby appointed Head of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) as from 1 January 2009.

Article 2

This Decision shall take effect on the day of its adoption.

It shall apply until 31 December 2009.

Done at Brussels, 16 December 2008.

For the Political and Security Committee

The President

I. SRAMEK

---

(1)  
  OJ L 300, 17.11.2005, p. 65.

1

---
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```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2150 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2150

          To suspend temporarily the duty on Vulkazon AFS/LG.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2005

 Mr. Brown of South Carolina introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
          To suspend temporarily the duty on Vulkazon AFS/LG.

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

SECTION 1. VULKAZON AFS/LG.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.06.04       Pentaerythritolbi  Free         No change        No change        On or before 12/  ''.
                         s(tetrahydrobenza                                                  31/2009
                         ldehyde acetal)
                         (CAS No. 6600-31-
                         3) (provided for
                         in subheading
                         2932.99.90)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
I 

109TH CONGRESS 

1ST SESSION H. R. 2005 

To amend the Occupational Safety and Health Act of 1970 to modify the 

provisions relating to citations and penalties. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2005 

Mr. OWENS introduced the following bill; which was referred to the Committee 

on Education and the Workforce, and in addition to the Committee on 

the Judiciary, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Occupational Safety and Health Act of 1970 

to modify the provisions relating to citations and penalties. 

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 ‘‘Workplace Wrongful 

5 Death Accountability Act’’. 

6 SEC. 2. OSHA CRIMINAL PENALTIES. 

7 Section 17 of the Occupational Safety and Health Act 

8 of 1970 (29 U.S.C. 666) is amended— 

9 (1) in subsection (e)— 
2 

•HR 2005 IH 

1 (A) by striking ‘‘fine of not more than 

2 $10,000’’ and inserting ‘‘fine in accordance 

3 with section 3571 of title 18, United States 

4 Code,’’; 

5 (B) by striking ‘‘six months’’ and inserting 

6 ‘‘10 years’’; 

7 (C) by inserting ‘‘under this subsection or 

8 subsection (i)’’ after ‘‘first conviction of such 

9 person’’; 

10 (D) by striking ‘‘fine of not more than 

11 $20,000’’ and inserting ‘‘fine in accordance 

12 with section 3571 of title 18, United States 

13 Code,’’; and 

14 (E) by striking ‘‘one year’’ and inserting 

15 ‘‘20 years’’; 

16 (2) in subsection (f), by striking ‘‘fine of not 

17 more than $1,000 or by imprisonment for not more 

18 than six months,’’ and inserting ‘‘fine in accordance 

19 with section 3571 of title 18, United States Code, or 

20 by imprisonment for not more than 2 years’’; and 

21 (3) in subsection (g), by striking ‘‘fine of not 

22 more than $10,000, or by imprisonment for not 

23 more than six months,’’ and inserting ‘‘fine in ac24 cordance with section 3571 of title 18, United States 
3 

•HR 2005 IH 

1 Code, or by imprisonment for not more than 1 

2 year,’’. 

Æ
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

DONNA McKEE, )

)

Plaintiff, )

)

vs. ) CAUSE NO. 1:15-CV-358 

)

WAL-MART STORES EAST, LP, )

)

Defendant. )

ORDER

This matter is before the Court on the Report and

Recommendation of Magistrate Judge Susan Collins, filed on March

22, 2017 (DE #34). 

Magistrate Judge Collins recommends that the Motion to Dismiss

filed by Wal-Mart Stores East, LP (DE #24) be DENIED, but that

Donna McKee and Attorney Persinger: (1) be ORDERED to pay the

reasonable expenses, including attorney’s fees, that Wal-Mart

incurred in filing the motion to compel (DE #19) and the motion to

dismiss (DE #24), pending Wal-Mart’s submission of a supporting

affidavit; and (2) be duly WARNED that any additional discovery

transgressions may result in sanctions, up to and including

dismissal of this case.

More than 14 days have passed and no party has filed any

objection to the Report and Recommendation. Fed. R. Civ. P.

72(b)(2); see also Willis v. Caterpillar, Inc., 199 F.3d 902, 904
(7th Cir. 1999) (explaining that the failure to file a timely

objection will result in the waiver of the right to challenge a

report and recommendation). Accordingly, the parties have waived

their right to challenge the report and recommendations. 

Therefore, the Court hereby ADOPTS the Report and

Recommendation (DE #34). 

DATED: April 21, 2017 /s/ RUDY LOZANO, Judge

United States District Court

2
Exhibit 32.2



Certification of

Chief Financial Officer

of Wyndham International, Inc.



This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1350, and accompanies this
quarterly report on Form 10-Q (the Form 10-Q) for the quarter ended June 30, 2005 of Wyndham International, Inc. (the Issuer).



I, Elizabeth Schroeder, Chief Financial Officer of the Issuer, certify that to the best of my knowledge:



| | (i) | the Form 10-Q fully complies with the requirements of section 13(a) or section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Issuer.
| | ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------



Dated: August 5, 2005.



/s/ Elizabeth SchroederName: Elizabeth Schroeder




Subscribed and sworn to before me

this 5th day of August 2005.



|       |  |              
|------ |  | -------------
|Name:  |  | Vita Branch  
|Title: |  | Notary Public



My
commission expires: 12-6-08



A signed original of this written statement
required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the
Issuer and will be retained by the Issuer and furnished to the Securities and Exchange Commission or its staff upon request.
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
C ARLOS HAR

R IS, Pe titione r - Appe lla nt, v. R AUL LOPEZ, W arde n, R

e sponde n t - Appe lle e . No. 13-15067

D.C . No. 4:11-c v-00533-PJH M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Northe rn Distric t of C a lifornia Phy llis J. Ha

m ilton, Distric t Judge , Pre siding Subm itte d

June 12, 2014 ** San Fran c isc o , C a lifornia B e fore : SC HR OEDER , GR AB ER , a nd B YB EE, C irc uit Judge s. Pe titione r C arlos Ha

rris a ppe a ls the distric t c ourt’ s de nia l of his ha be a s pe tition. The

distric t c ourt re

je c te d Ha rris’ s c la im that the pre s e nc e on his jury of a 

# FIL ED JUN 24 2014 M OLLY C. DW Y ER, CLERK U
. S
. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without ora l a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).form e r sc hoolte a c he r with whom he ha d ha d proble m s de c a de s be fore viola te d his Sixth a nd Fourte e nth Am e ndm e nt rights to a n im pa rtia l jury in 2005. W e a ffirm
. In the a bse nc e of a

showing of c a

use and pre

judic e , a fe de ra l ha

be a s c ourt will not re vie w a

c la im re j e c te d by the sta te c ourt on theba sis of a

n inde pe n de nt and a de quate sta

te proc e dura l rule
. W

alk e r v . Martin , 131 S. C t. 1120, 1127 (2011). Ha

rris c annot de m onstra

te pre judic e be c a

use he c a nnot show tha

t Juror No. 8 wa s a c tua l ly

or im plie dly bia se d. S

e e Unite d State s v . Gonzale

z , 214 F.3d 1109, 1111–12 (9th C ir. 2000). Ac tua l bia s is “bia s in fa c t

— the e xiste nc e of a sta te of m ind tha

t le a ds to a

n infe re nc e tha

t the pe rson will not ac t with e ntire im pa rtia lity .” Id. at 1112 (interna l quota t ion m arks om itte d). Im

plie d bia s e xists in “ e xtre m e situa

tions whe re the re lationship be twe e n a prospe c tive juror a

nd som e a spe c t of the litiga

tion is suc h tha

t it is highly unlike ly

tha t the ave ra ge pe rson c ould re m a in im

pa rtia l in his de libe ra tions under the c irc um sta nc e s.” Tinsle

y v . Borg , 895 F.2d 520, 527 (9th C ir. 1990) (inte rna l quota tion m arks om itte d ). The distric t c ourt did not err in holding tha t Ha rris fa ile d to show tha

t Juror No. 8 wa s a c tua l ly

or im plie dly bia se d. The re wa s no e vide nc e of e ithe r. Inde e d, Juror No. 8 told Ha

rris’ s inve s tiga

tor tha t a lthough she

re c a lle d pe rform ing jury duty in 2005, she

ha d no re c olle c tion of Ha rris from the tria l or from

sc hool. AFFIRM E D . 2
#### MORAN, Respondent, v. VILLAGE OF FT. EDWARD, Appellant.

(Supreme Court, Appellate Division, Third Department.

March 15, 1898.)

Action by Anna Moran against the village of Ft. Edward.

No opinion. Judgment and order affirmed, with costs.
#### The People of the State of New York, Respondent, v Frank Cable and Denise Godbee, Appellants.

— Upon remittitur from the Court of Appeals (63 NY2d 270), the orders of this court entered November 10,1983 (96 AD2d 251) are vacated and the judgments, Supreme Court, New York County (Torres, J.), rendered November 19, 1981, which convicted defendants of murder in the second degree (felony murder), manslaughter in the second degree, robbery in the first and second degrees, and burglary in the second degree and sentenced defendant Cable thereupon to concurrent indeterminate terms of 20 years to life imprisonment, *TVz*to 15 years, 10 to 20 years, *TVz*to 15 years and *IV2*to 15 years, respectively, and defendant Godbee to concurrent indeterminate terms of 15 years to life imprisonment on the murder conviction, 5 to 15 years on the robbery in the first degree conviction, and 4 to 12 years on each of the remaining convictions, unanimously modified, on the law, to reverse that part of the judgment convicting defendant Godbee of the crimes of murder in the second degree and manslaughter in the second degree, and to vacate said convictions with leave to resubmit the facts upon which the manslaughter in the second degree conviction was based to the Grand Jury, and the matter remanded for a new trial as to defendant Godbee on the murder in the second degree (felony murder) count upon which she was *616previously convicted and, except as thus modified, affirmed. The judgment with respect to Cable is hereby unanimously affirmed.

After review of the facts upon remittitur from the Court of Appeals (CPL 470.25 [2] [d]; 470.40 [2] [b]), we affirm the convictions of both defendants except for Godbee’s felony murder conviction as to which reversible error was committed by Trial Term’s refusal to charge the affirmative defense provided in Penal Law § 125.25 (3) and her manslaughter in the second degree (reckless manslaughter) conviction, submitted as a lesser included offense of another charge of murder in the second degree (Penal Law § 125.25 [2] [depraved indifference to human life]). As to the latter, reversal is mandated and a new trial required in accordance with the Court of Appeals decision *(supra,*p 283) since “acceptance of the affirmative defense to felony murder would have required an acquittal of reckless manslaughter”. The felony murder charge against Godbee is accordingly remanded for a new trial. Inasmuch, however, as the jury acquitted Godbee of depraved indifference murder there is no pending charge to support a remand of reckless manslaughter, its lesser included offense. Accordingly, the reversal and vacatur of the manslaughter in the second degree conviction is with leave to resubmit the facts underlying said conviction to the Grand Jury. Concur — Sullivan, J. P., Ross, Carro, Asch and Kassal, JJ.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-40689

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MANUEL HERRERA REYES, also known as Yuma; RICARDO RAMIREZ 

VILLA, also known as Rica,

Defendants-Appellants

Appeals from the United States District Court

for the Southern District of Texas

USDC No. 5:11-CR-811-4

Before JOLLY, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

The attorneys appointed to represent Manuel Herrera Reyes and Ricardo 

Ramirez Villa have moved for leave to withdraw and have filed briefs in 

accordance with Anders v. California, 386 U.S. 738 (1967), and United States 

v. Flores, 632 F.3d 229 (5th Cir. 2011). Ramirez Villa has filed a response. We 

have reviewed the briefs and the relevant portions of the records reflected 

* 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 Court of Appeals

Fifth Circuit

FILED

July 14, 2014

Lyle W. Cayce

Clerk

 

 Case: 12-40689 Document: 00512696480 Page: 1 Date Filed: 07/14/2014
No. 12-40689

therein, as well as Ramirez Villa’s response. We concur with counsel’s 

assessments that the appeals present no nonfrivolous issue for appellate 

review. Accordingly, counsel’s motions for leave to withdraw are GRANTED, 

counsel are excused from further responsibilities herein, and the APPEALS

ARE DISMISSED. See 5TH CIR. R. 42.2.

2

 Case: 12-40689 Document: 00512696480 Page: 2 Date Filed: 07/14/2014