alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-11355 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus LEON WARREN, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:96-CR-61-1-Y

- - - - - - - - - - July 3, 1997 Before JONES, DeMOSS and PARKER, Circuit Judges. PER CURIAM: * Leon Warren appeals his conviction and sentence for distribution of cocaine base in violation of 21 U.S.C. § 841(b)(1)(B). We affirm. Facts contained in dismissed indictment counts may be used in determining relevant conduct. U.S.S.G. § 6B1.2(a); United States v. Vital , 68 F.3d 114, 118 (5th Cir. 1995). The district court’s failure to hold that the Double Jeopardy Clause was violated by the use of the dismissedNo. 96-11355 - 2 - counts to determine relevant conduct was not plain error. See Witte v. United States , 115 S. Ct. 2199, 2207-08 (1995). The district court did not commit clear error by failing to give Warren a downward departure based upon a mitigating role in the offense. See United States v. Zuniga , 18 F.3d 1254, 1261 (5th Cir. 1994). Warren waived his right to challenge the district court’s summary dismissal of his motion to dismiss for selective prosecution by entering an unconditional guilty plea. See United States v. Smallwood , 920 F.2d 1231, 1240 (5th Cir. 1991). AFFIRMED.
Exhibit 31.1



CERTIFICATION



I, Fred J. Kleisner, Chief Executive Officer of Wyndham International, Inc., certify that:



1. I have reviewed this quarterly report on Form 10-Q of Wyndham International, Inc.;



2. 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;



3. 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 registrant as of, and for, the periods presented in this report;



4. The registrant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 registrant and have:



(a) 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 registrant, 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;



(b) Evaluated the effectiveness of the registrant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; and



(c) Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially
affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants
board of directors (or persons performing the equivalent functions):



(a) 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 registrants ability to record, process, summarize and
report financial information; and



(b) Any fraud, whether or
not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.



|                     |  |        |  |                        
|-------------------- |  | ------ |  | -----------------------
|Date: August 6, 2004 |  | By:    |  | /s/ Fred J. Kleisner   
|                     |  | Name:  |  | Fred J. Kleisner       
|                     |  | Title: |  | Chief Executive Officer
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1964 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1964

   To suspend temporarily the duty on Malonic Acid-Dinitrile 50% NMP.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2005

  Mr. Baker introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on Malonic Acid-Dinitrile 50% NMP.

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

SECTION 1. MALONIC ACID-DINITRILE 50% NMP.

    (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:

``      9902.07.02       Malonic Acid-      Free         No change        No change        On or before 12/  ''.
                         Dinitrile 50% NMP                                                  31/2008
                         which contains
                         Pinoxaden
                         Technical -
                         Propanoic acid,
                         2,2-dimethyl-,8-
                         (2,6-diethyl-4-
                         methylphenyl)-1,2
                         ,4,5-tetrahydro-7-
                         oxo-7H-
                         pyrazolo[1,2-
                         d][1,4,5]oxadiaze
                         pin-9-yl ester
                         (CAS Nos. 109-77-
                         3 and 872-50-4)
                         (provided for in
                         subheading
                         3824.90.9190)....

    (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>
```
---

CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
  ACT OF 2002 
  Exhibit 32.1

CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
  ACT OF 2002(18 U.S.C. SECTION 1350)

In connection with the Annual Report of Solanex Management Inc.,
  a Nevada corporation (the Company), on Form 10-KSB/A for the fiscal
  year ended December 31, 2005 as filed with the Securities and Exchange Commission
  (the Report), I, Colin Hall, Acting Chief Executive Officer of the
  Company, do hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act
  of 2002 (18 U.S.C. § 1350), that to 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.

|By:    | /s/ Colin Hall                
|------ | ------------------------------
|       |                               
|Name:  | Colin Hall                    
|       |                               
|Title: | Acting Chief Executive Officer
|       |                               
|Date:  | August 8, 2008                

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

---
#### BROCKENSHIRE, Respondent, v. ERIE R. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March 20,1912.)'

Action by William B. Brockenshire, Jr., an infant, etc., against the Erie Railroad Company.

PER CURIAM.

Judgment and order affirmed, with costs.

SPRING, J., dissents, upon the ground that as matter of law the plaintiff was guilty of contributory negligence.
jbtc20141231_10k.htm




EXHIBIT 10.12N

 

EIGHTH AMENDMENT
OF
JOHN BEAN TECHNOLOGIES CORPORATION SAVINGS AND INVESTMENT PLAN

 

(As Amended and Restated, Effective as of January 1, 2012)

 

WHEREAS, John Bean Technologies Corporation (the “Company”) maintains the JBT Corporation Savings and Investment Plan (the “Plan”);

WHEREAS, the Company now deems it necessary and desirable to amend the Plan in certain respects; and

WHEREAS, this Eighth Amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of the amendment;

NOW, THEREFORE, by virtue of the authority reserved to the Company by Section 12.1 of the Plan, the Plan is hereby amended as follows, effective November 1, 2014, unless specifically stated otherwise: 

●             Appendix D is hereby amended in its entirety to read as follows:

 

Appendix D

List of Airport Services Locations

	
Name of Division Location
	
Effective Date
	
End 

Date
	
Prevailing

Wage 

Employee 

(Y/N)
	
Living

Wage 

Employee

(Y/N)

	
LAX Terminal 6 (FFT AS LAX PW 50248)
	
January 1, 2011
	  	
Y
	
Y

	
Miami-Dade County (FFT AS MIAMI PW 50245)
	
January 1, 2011
	  	
Y
	
N

	
Orange County (FFT AS ORANGE CTY PW 50246)
	
January 1, 2011
	  	
Y
	
N

	
Long Beach (FFT AS Long Beach PW 50247)
	
January 1, 2011
	  	
Y
	
N

	
LAX Delta (FFT AS LAX DELTA LP 50249)
	
March 1, 2011
	  	
N
	
N

	
Cincinnati (FFT AS CINCINNATI LP 50250)
	
June 1, 2011
	  	
N
	
N

	
LAX Terminal 2 (FFT AS LAX2 LP 50251)
	
September 1, 2011
	  	
N
	
N

	
Houston Train (FFT AS HAS TRAIN LP 50253)
	
September 1, 2011
	  	
N
	
N

	
Chicago O’Hare (FFT AS CHI ORD LP 50252)
	
October 1, 2011
	  	
N
	
N

	
Dallas-Fort Worth (FFT AS Dallas Terminal E 50228)
	
January 1, 2012
	  	
N
	
N

	
Rhode Island (FFT AS RHODE ISLAND LP 50254)
	
July 1, 2012
	  	
N
	
N

	
Ontario Terminals 2 and 4 (FFT AS ONTARIO T2 T4 LP 50255)
	
July 1, 2013
	  	
N
	
N

	
Salt Lake City Baggage System (FFT AS SLC BAG SYSTEM LP 50256)
	
July 1, 2013
	  	
N
	
N

	
Greensboro NC Ground Support (FFT AS GSO GRND SUPPT LP 50257)
	
November 1, 2013
	  	
N
	
N

	
Houston Airport System (FFT AS HAS 50237)
	
January 1, 2014
	  	
N
	
N

	
Phoenix Baggage Handling System (FFT AS PHX BHS LP 50258)
	
March 1, 2014
	  	
N
	
N

	
Dallas-Fort Worth Mechanical, Electrical, and Plumbing Services (FFT AS DFW MEPS LP 50259)
	
July 1, 2014
	  	
N
	
N

	
Columbia, SC (FFT AS COLUMBIA SC LP 50260) 
	
November 1, 2014
	  	
N
	
N



 

IN WITNESS WHEREOF, the Company has caused this amendment to be executed by a duly authorized representative this 31st day of October, 2014.

 

	
 JOHN BEAN TECHNOLOGIES 

	
 CORPORATION

	
 

	
 

	
 By:     /s/ Mark Montague

	
 

	
 Its:     EVP, Human Resources
#### EASTON et al., Respondent, v. NEW YORK STATE NAT. BANK AT ALBANY, Appellant.

(Supreme Court, Appellate Division, Third Department.

November 13, 1907.)

Action by William Easton and others against the New York State National Bank at Albany.

No opinion. Interlocutory judgment affirmed, with costs, with leave to defendant to answer on payment of costs of demurrer and of this appeal.
**Grant Thornton****Accountants and Business Advisors****REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**Board of Directors and Shareholders Land America Tax and Flood Services, lnc. We have examined management's assertion, included in the accompanying Report on Assessment of  Compliance with Regulation AB Servicing Criteria ("Management's Report"), that I And. America Tax and Flood Services, Inc. (the "Company") complied with the servicing criteria set forth in Item  1122(d) of the U.S. Securities and Exchange Commission's Regulation AB for the residential and commercial mortgage backed securities for which the Company served as third-party property tax  payment provider on the underlying collateral (the "Platform'') as of and for the year ended December 31,  2007, excluding criteria 1122(d)(1)(i)(iv), 1122(d)(2)(i)(vii), 1122(d)(3)(i)(iv),  1122(d)(4)(i)(x) and 1122(d)(4)(xiii)(xv), which management has determined are not applicable to the activities performed by the Company with respect to the Platform. Management is responsible for the Company's compliance with the applicable servicing criteria. Our responsibility is to express an opinion on management's assertion about the Company's compliance with the applicable servicing criteria for the Platform based on our examination. Our examination was conducted in accordance with the standards of the Public Company  Accounting Oversight Board (United Stales) and, accordingly, included examining, on a test basis,  evidence about the Company's compliance with the applicable servicing criteria for the Platform and performing such other procedures as we considered necessary  in  the circumstances. Our examination  included testing selected asset-backed transactions and securities constituting the Platform and evaluating whether the Company performed servicing activities related to those transactions and securities in compliance with the applicable servicing criteria for the period covered by this report.  Accordingly, our testing may not have included servicing activities related to each asset-backed transaction or security constituting the Phi form. Further, our examination was not designed to detect material noncompliance that may have occurred prior to the period covered by this report and that may have affected the Company's servicing activities during the period covered by this report. We  believe that our examination provides a  reasonable  basis for our opinion. Our examination does not  provide a legal determination on the Company's compliance with the applicable servicing criteria. In our opinion, management's assertion that Land America Tax and Flood Services, Inc. complied with the aforementioned applicable servicing criteria as of and for the year ended December 31, 2007 is fairly stated, in all material respects. **/s/ Grant Thornton LLP****San Diego, CA****February 6, 2008**
# L_2009339EN.01005902.xml

| 22.12.2009 | EN | Official Journal of the European Union | L 339/59 |
| --- | --- | --- | --- |

22.12.2009

EN

Official Journal of the European Union

L 339/59

---

Corrigendum to Commission Decision 2008/577/EC accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia and Ukraine

(
  Official Journal of the European Union L 185 of 12 July 2008
  )

On page 46, in the first line of the table in Article 1 of Commission Decision 2008/577/EC:

for:

‘Produced by OJSC NAK Azot, Novomoskovsk, Russia, or OJSC Nevinnomyssky Azot, Nevinnomyssk, Russia, and either sold directly to the first independent customer in the Community or by Eurochem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘Eurochem’, Moscow, Russia and Eurochem Trading GmbH, Zug, Switzerland, to the first independent customer in the Community’.

read:

‘Produced by Open Joint Stock Company (OJSC) ‘Azot’, Novomoskovsk, Russia, or Open Joint Stock Company (OJSC) ‘Nevinnomyssky Azot’, Nevinnomyssk, Russia, and either sold directly to the first independent customer in the Community or by EuroСhem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘EuroСhem’, Moscow, Russia and EuroСhem Trading GmbH, Zug, Switzerland, to the first independent customer in the Community’.

---
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) No. 1:15-cr-00047-TLS-SLC

)

LUIS RAMIREZ-MUNOZ )

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 October 25, 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 charge 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 apart from the plea agreement between the

parties;

(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 offense charged in Count 5 of the five-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 25th day of October 2016.

/s/ Susan Collins 

Susan Collins,

United States Magistrate Judge

2
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                                      <C>
<PERIOD-TYPE>                            6-MOS
<FISCAL-YEAR-END>                          SEP-30-1998       
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               MAR-31-1998
<CASH>                                         495,758
<SECURITIES>                                         0
<RECEIVABLES>                                  128,630
<ALLOWANCES>                                  (40,500)
<INVENTORY>                                    305,869
<CURRENT-ASSETS>                             2,007,602
<PP&E>                                         165,897
<DEPRECIATION>                                (87,477)
<TOTAL-ASSETS>                               2,121,850
<CURRENT-LIABILITIES>                           94,816
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  4,266,391
<COMMON>                                           536
<OTHER-SE>                                 (2,239,843)
<TOTAL-LIABILITY-AND-EQUITY>                 2,121,850
<SALES>                                         70,769
<TOTAL-REVENUES>                                70,769
<CGS>                                           39,439
<TOTAL-COSTS>                                   39,439
<OTHER-EXPENSES>                             1,970,837
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (1,882,770)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,882,770)
<DISCONTINUED>                                  28,027
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,854,743)
<EPS-PRIMARY>                                   (0.64)
<EPS-DILUTED>                                   (0.64)
        

</TABLE>