alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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should not be published and is not precedent except under the limited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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-60052

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

ROY L WILSON, JR, also known as Pee Wee; ABE COSBY

Defendants-Appellants

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 1:06-CR-27-10

Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Roy L. Wilson, Jr., and Abe Cosby appeal their 41-month sentences

following a jury-trial conviction for conspiring to defraud the United States

through an automobile theft ring. They contend the district court wrongly found

enhancements under the Sentencing Guidelines which were not admitted by

them or found by the jury, in violation of United States v. Booker, 543 U.S. 220

(2005). By rendering the Guidelines advisory, Booker eliminated Sixth

United States Court of Appeals

Fifth Circuit

F I L E D

December 11, 2007

Charles R. Fulbruge III

Clerk
No. 07-60052

Amendment concerns that prohibited a sentencing judge’s finding all facts

relevant to sentencing. United States v. Mares, 402 F.3d 511, 519 (5th Cir.

2005).

For two reasons, Wilson and Cosby also contend the district court erred in

determining over $400,000 worth of loss was attributable to them. First, they

assert the court erred by failing to make factual determinations regarding the

dates on which the vehicles were stolen or their vehicle identification numbers

were replaced. Because defendants did not object to the loss calculations on this

ground, we review only for plain error. United States v. Olano, 507 U.S. 725,

731-37 (1993); UnitedStates v. Krout, 66 F.3d 1420, 1434 (5th Cir. 1995). Wilson

and Cosby have failed to show these factual issues rise to the level of plain error.

See United States v. Vital, 68 F.3d 114, 119 (5th Cir. 1995).

Second, defendants also assert the court erred in assessing the amount of

loss because there was insufficient evidence that all 19 vehicles attributed to

them in the presentence investigation report could be traced directly to them.

The district court’s loss finding was “plausible in light of the record as a whole”.

United States v. Shipley, 963 F.2d 56, 58 (5th Cir. 1992). Thus, the 14-level

enhancement was not clearly erroneous. See United States v. Anderson, 174

F.3d 515, 526 (5th Cir. 1999).

AFFIRMED.
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----

**Exhibit 31.1**

**CERTIFICATIONS**

I, Ronald A. Durando, certify that: 

1. 

I have reviewed this annualreport on Form 10K-of mPhase Technologies, Inc.; 

2. 

Based on my knowledge, thisreport does not contain any untrue statement of a material fact or omit to statea material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respectto the period covered by this report; 

3. 

Based on my knowledge, thefinancial statements, and other financial information included in this report,fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periodspresented in this report; 

4. 

The registrant's othercertifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant's and have: 

a.

 Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures to bedesigned under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared; 

b. 

Evaluated the effectiveness ofthe registrant's disclosure controls and procedures, and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and 

c. 

Disclosed in this report anychange in the registrant's internal control over financial reporting thatoccurred during the registrant's most recent fiscal quarter (the registrant'sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant'sinternal control over financial reporting; and 

5. 

The registrant's othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant's auditors and theaudit committee of registrant's board of directors (or persons performing theequivalent functions): 

a. 

All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affectthe registrant's ability to record, process, summarize and report financialinformation; and 

b.

 Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant's internal control over financial reporting.  

/s/ Ronald A. Durando             Ronald A. Durando Chief Executive Officer 

September 29, 2008 

----
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TRACK TREATMENTheadline bar Please choose the soil type on which you would likely train with vehicles. Track disturbance was tested by driving a WWII-vintage jeep back and forth across test sites at speeds between 5 and 10 kph. Each point on each treated plot was run across twice by two wheels for a total of four wheel passes. Tire inflation pressure was kept standardized at approximately 15 psi. Track type training should be used with caution wherever it is located since it has the highest and longest lasting impact on all types of soil.


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#### PEOPLE, Appellant, v. ENGLAND, Respondent.

(Supreme Court, General Term, Third Department.

December 28, 1895.)

Action by the people of the state of New York against Oscar England.

No opinion. Judgment reversed, and demurrer overruled on opinon in People v. Madill, 36 N. Y. Supp. 534.
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 Annual Report on Form 10-K (the "Report") of ARC
Wireless Solutions, Inc. (the "Company") for the year ended December 31, 2006,
each of the undersigned Randall P. Marx, the Chief Executive Officer of the
Company, and Monty R. Lamirato, the Chief Financial Officer of the Company,
hereby certifies 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 each of the
undersigned's knowledge and belief:

     (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:  March 30, 2007                     /s/ Randall P. Marx
                                           -------------------
                                           Randall P. Marx
                                           Chief Executive Officer


Dated:  March 30, 2007                     /s/ Monty R. Lamirato
                                           ---------------------
                                           Monty R. Lamirato
                                           Chief Financial Officer
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

DWAYNE EDWARD ABRAHAM, 2:13-CV-00827-AC

Plaintiff, ORDER

v. 

 

OREGON DEPARTMENT OF

CORRECTIONS; MAX WILLIAM,

Director of ODOC; DAN JOHNSON,

Superintendent of PCRI; 

STAN CZERNIAK, Assistant 

Director of ODOC; MS. BALLARD, 

Counselor at PRCI; DON WILLIAM, 

Program Service Manager, PRCI;

GINGER MARTIN, Assistant Director 

of ODOC Transitional Services,

 Defendants.

BROWN, Judge.

Magistrate Judge John V. Acosta issued Findings and

Recommendation (#55) on August 13, 2014, in which he recommends

the Court grant Defendants’ Motion (#42) for Summary Judgment as

1 - ORDER

Case 2:13-cv-00827-AC Document 60 Filed 10/02/14 Page 1 of 3
to Plaintiff’s First and Second Claims and dismiss Plaintiff’s

Second Claim for lack of subject-matter jurisdiction. Plaintiff

filed timely Objections to the Findings and Recommendation. The

matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)

and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate

Judge's Findings and Recommendation, the district court must make

a de novo determination of that portion of the Magistrate Judge's

report. 28 U.S.C. § 636(b)(1). See also Dawson v. Marshall, 561

F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328

F.3d 1114, 1121 (9th Cir. 2003)(en banc). 

This Court has carefully considered Plaintiff’s Objections

and concludes they do not provide a basis to modify the Findings

and Recommendation. The Court also has reviewed the pertinent

portions of the record de novo and does not find any error in the

Magistrate Judge's Findings and Recommendation. 

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta’s Findings and

Recommendation (#55) and, therefore, GRANTS Defendants’ Motion

(#42) for Summary Judgment as to Plaintiff’s First and Third

Claims and DISMISSES Plaintiff’s Second Claim for lack of 

2 - ORDER

Case 2:13-cv-00827-AC Document 60 Filed 10/02/14 Page 2 of 3
subject-matter jurisdiction.

IT IS SO ORDERED.

DATED this 2nd day of October, 2014.

/s/ Anna J. Brown

 

ANNA J. BROWN

United States District Judge

3 - ORDER

Case 2:13-cv-00827-AC Document 60 Filed 10/02/14 Page 3 of 3
---



Exhibit 31.1



CERTIFICATIONS



I, Ronald A. Durando, certify that:



1.

I have reviewed this annual report on Form 10-K of mPhase Technologies, 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 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's 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 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 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.

/s/ Ronald A. Durando



Ronald A. Durando

Chief Executive Officer



September 28, 2005

---
II

105TH CONGRESS

1ST SESSION S. 212

To increase the maximum Pell Grant award in order to allow more American

students to afford higher education, and to express the sense of the Senate.

IN THE SENATE OF THE UNITED STATES

JANUARY 28, 1997

Mr. WELLSTONE introduced the following bill; which was read twice and

referred to the Committee on Labor and Human Resources

A BILL

To increase the maximum Pell Grant award in order to

allow more American students to afford higher education,

and to express the sense of the Senate.

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

3 SECTION 1. TITLE.

4 This bill shall be known as the ‘‘Affordable Higher

5 Education through Pell Grants Act’’.

6 SEC. 2. FEDERAL PELL GRANTS.

7 Section 401(b)(2)(A)) of the Higher Education Act

8 of 1965 (20 U.S.C. 1070a(b)(2)(A)) is amended—

9 (1) in clause (iv), by striking ‘‘and’’ after the

10 comma;
2

S 212 IS

1 (2) in clause (v), by inserting ‘‘and’’ after the

2 comma; and

3 (3) by inserting after clause (v) the following:

4 ‘‘(vi) $5,000 for academic year 1998–1999

5 and each of the 4 succeeding academic years.’’.

6 SEC. 3. SENSE OF THE SENATE.

7 It is the sense of the Senate that Congress should

8 appropriate funds to provide the maximum Federal Pell

9 Grant award permitted under this Act for academic year

10 1998–1999 and each of the 4 succeeding academic years

11 to all eligible students.

Æ
Exhibit (10)(a)

    

    

    

    

    

    

    Consent of Independent Registered Public Accounting Firm

    

    

    

    

    We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in
      Post-Effective Amendment No. 23 to the 1933 Act Registration Statement (Form N-4 No. 333-175691) and Amendment No. 550 to the 1940 Act Registration
      Statement (Form N-4 No. 811-09763), and to the use therein of our reports dated (a) April 1, 2020, with respect to the financial statements of Lincoln
      Life & Annuity Company of New York and (b) April 15, 2020, with respect to the financial statements of Lincoln New York Account N For Variable Annuities for the registration of
      interests in a separate account under individual flexible payment deferred variable annuity contracts.

    

    

    

    

    

    

    

    

    /s/ Ernst & Young LLP

    Philadelphia, Pennsylvania

    May 15, 2020
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