alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Harding, Respondent, v. The New York, Lake Erie and Western R. R. Co., Appellant.

Motion for veargmnont deni d.
* 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that this opinion should not be published and is not precedent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

April 21, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-41559

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE M. RODRIGUEZ-PENA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-03-CR-598-1

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

Before JOLLY, JONES, and SMITH, Circuit Judges.

PER CURIAM:*

Jose M. Rodriguez-Pena appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

Rodriguez-Pena contends that the “felony” and “aggravated felony”

provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional. 

He therefore argues that his conviction must be reduced to one

under the lesser included offense found in 8 U.S.C. § 1362(a),

his judgment must be reformed to reflect a conviction only under
No. 03-41559

-2-

that provision, and his sentence must be vacated and the case

remanded for resentencing to no more than two years’ imprisonment

and one year of supervised release. 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Rodriguez-Pena acknowledges that his arguments are foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his arguments for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
#### Claudius D. B. Barse and others, Respondents, v. Henry C. Crawford and others, Appellants.

— Judgment affirmed.
Exhibit 32.2

JMP GROUP INC.

CERTIFICATION BY THE CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of JMP Group Inc. (the Company) on Form 10-K for the year ended December 31, 2007, as filed with the Securities and Exchange Commission (the Report),
I, Thomas B. Kilian, Chief Financial Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



| | (1) | 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) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company at the dates and for the periods
indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                        
|-------------------- |  |  |  | -----------------------
|                     |  | 
|Date: March 12, 2008 |  |  |  | /s/    THOMAS B. KILIAN
|                     |  |  |  | Thomas B. Kilian       
|                     |  |  |  | Chief Financial Officer

This certification accompanies this Report on Form 10-K pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act). Such certification will not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
Exhibit A

Case: 19-30088 Doc# 2323-1 Filed: 05/31/19 Entered: 05/31/19 15:16:37 Page 1

of 8
Case: 19-30088 Doc# 2323-1 Filed: 05/31/19 Entered: 05/31/19 15:16:37 Page 2

of 8
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of 8
Case: 19-30088 Doc# 2323-1 Filed: 05/31/19 Entered: 05/31/19 15:16:37 Page 4

of 8
Case: 19-30088 Doc# 2323-1 Filed: 05/31/19 Entered: 05/31/19 15:16:37 Page 5

of 8

Case: 19-30088 Doc# 2323-1 Filed: 05/31/19 Entered: 05/31/19 15:16:37 Page 7

of 8
Case: 19-30088 Doc# 2323-1 Filed: 05/31/19 Entered: 05/31/19 15:16:37 Page 8

of 8
I 

113TH CONGRESS 

2D SESSION H. R. 4918 

To require the Food and Drug Administration to expedite review of 

pharmaceuticals that are approved for marketing in the European Union. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2014 

Mr. STIVERS (for himself and Mr. RYAN of Ohio) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To require the Food and Drug Administration to expedite 

review of pharmaceuticals that are approved for marketing in the European Union. 

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 ‘‘Speeding Access to 

5 Already Approved Pharmaceuticals Act of 2014’’. 

6 SEC. 2. EXPEDITED REVIEW OF EU-APPROVED PHARMA7 CEUTICALS. 

8 (a) IN GENERAL.—Section 506 of the Federal Food, 

9 Drug, and Cosmetic Act (21 U.S.C. 356) is amended by 

10 adding at the end the following: 


jbell on DSK4SPTVN1PROD with BILLS
2 

•HR 4918 IH

1 ‘‘(g) EU-APPROVED PHARMACEUTICALS.— 

2 ‘‘(1) EXPEDITED REVIEW.—Beginning not later 

3 than 90 days after a new pharmaceutical is ap4 proved for marketing in the European Union, the 

5 Secretary shall, at the request of the sponsor of the 

6 pharmaceutical, facilitate the development and expe7 dite the review of such new pharmaceutical under 

8 section 505 or 515 of this Act or section 351 of the 

9 Public Health Service Act, as appropriate. 

10 ‘‘(2) DEFINITION.—In this subsection, the term 

11 ‘pharmaceutical’ means a drug (including a biologi12 cal product) or a device.’’. 

13 (b) TECHNICAL CORRECTION.—Subsection (f) (relat14 ing to awareness efforts) of section 506 of the Federal 

15 Food, Drug, and Cosmetic Act (21 U.S.C. 356) is hereby 

16 moved so as to follow subsection (e) (relating to construc17 tion) of such section 506. 

Æ 


jbell on DSK4SPTVN1PROD with BILLS
Exhibit32.1

Certification Pursuant To Section 906 Of TheSarbanes-Oxley Act Of 2002 (Chapter 63, Title 18 U.S.C. Section1350(A) And (B))

Pursuant to Section 906 of theSarbanes-Oxley Act of 2002 (Chapter 63, Title 18 U.S.C. Section 1350(a)and (b)), the undersigned hereby certifies in his capacity as anofficer of Metaldyne Corporation (the"Company") that the Quarterly Report of theCompany on Form 10-Q for the period ended September 28, 2003 fullycomplies with the requirements of Section 13(a) of the SecuritiesExchange Act of 1934, as amended, and that the information contained insuch report fairly presents, in all material respects, the financialcondition and results of operations of the Company at the end of andfor the periods covered by such Report.

|                        |  |                                                                     |  |  |  |  |
|------------------------|--|---------------------------------------------------------------------|--|--|--|--|
| Date:November 10, 2003 |  | /s/ Timothy D.Leuliette Timothy D. Leuliette Chief ExecutiveOfficer |
|                        |

----
EX-35.1
(logo) OCWEN


ANNUAL SERVICER COMPLIANCE STATEMENT
PURSUANT TO ITEM 1123 OF REGULATION AB

March 7, 2008


RE: NHELI 2007-HE2


For the fiscal year ended December 31, 2007 (the "Reporting Period"), Ocwen
Loan Servicing, LLC ("OLS") furnishes this annual servicer compliance
statement pursuant to Item 1123 of Regulation AB, indicating its compliance
with the servicing standards of the Securities & Exchange Commission as set
forth in Regulation AB, 17 CFR Section 229.1100, et seq., ("Regulation AB").
In this regard, I make the following representations, which are true to the
best of my knowledge and belief in all material respects.

1. A review of the servicing activities of OLS during the Reporting Period,
   and of its performance under the Pooling and Servicing Agreement dated as
   of January 1, 2007 (the "Agreement"), has been performed under my
   supervision.

2. To the best of my knowledge, based on this review, OLS has fulfilled all of
   its obligations under the Agreement in all material respects throughout the
   Reporting Period.


By: /s/ Ronald M. Faris
Name: Ronald M. Faris
Title: President



Ocwen Loan Servicing LLC
1661 Worthington Road Suite 100
Centrepark West
West Palm Beach, FL 33409
#### Louis Sachs, Respondent, v. Max Blau, Appellant.

Order affirmed, with ten dollars costs and disbursements.

Opinion by

Davis, P. J.
**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 Amended Quarterly Report of All State Properties Holdings, Inc. (the "Company") on Form 10-Q/A for the three months ended March 31, 2019 as filed with the Securities and Exchange Commission on the date hereof (the "report"), I, Joseph C. Passalaqua, Principal 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:

 

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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

Dated this 14th day of May 2020.

 

s/Joseph C. Passalaqua

Joseph C. Passalaqua

Certification of Principal Executive Officer

 

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 ("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 All State Properties Holdings, Inc., and will be retained All State Properties Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

DAVID ALBERT BONIELLA,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 58 WM 2017

ORDER

PER CURIAM

AND NOW , this 3rd day of October, 2017, the Petition for Leave to File Petition

for Allowance of Appeal Nunc Pro Tunc is DENIED.
Form TRANSC

UNITED STATES BANKRUPTCY COURT

Northern District of California

In re Debtor(s):

PG&E Corporation

Case No.: 19−30088 DM 11

Chapter: 11

NOTICE OF FILING OF TRANSCRIPT

AND DEADLINES RELATED TO RESTRICTION AND REDACTION

A transcript of the proceeding held on July 24, 2019 was filed on July 25, 2019. The following deadlines apply:

The parties have until Thursday, August 1, 2019 to file with the court a Notice of Intent to Request Redaction of this

transcript. The deadline for filing a request for redaction is Thursday, August 15, 2019.

If a request for redaction is filed, the redacted transcript is due Monday, August 26, 2019.

If no such notice is filed, the transcript may be made available for remote electronic access upon expiration of the

restriction period, which is Wednesday, October 23, 2019, unless extended by court order.

To review the transcript for redaction purposes, you may purchase a copy from the transcriber,

Jason Gottlieb

Attn: Jason Gottlieb, Dir. of Tran. Ops.

7227 N 16th St. #207

Phoenix, AZ 85020

or you may view the document at the clerk's office public terminal.

Dated: 7/29/19 For the Court:

Edward J. Emmons

Clerk of Court

United States Bankruptcy Court

Case: 19-30088 Doc# 3188-1 Filed: 07/25/19 Entered: 07/25/19 07:54:00 Page 1

of 1
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5201 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5201

  To amend title 23, United States Code, to exempt agricultural loads 
  traveling on Federal highways if State agricultural regulations are 
                                  met.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2014

 Mr. Southerland introduced the following bill; which was referred to 
           the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
  To amend title 23, United States Code, to exempt agricultural loads 
  traveling on Federal highways if State agricultural regulations are 
                                  met.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Right to Haul Act of 2014''.

SEC. 2. EXEMPTING AGRICULTURAL LOADS.

    (a) Weight Exemptions.--Section 127 of title 23, United States 
Code, is amended by adding at the end the following:
    ``(j) State Agricultural Exemptions.--
            ``(1) In general.--Notwithstanding subsection (a), 
        individual State weight limitations for an agricultural 
        commodity that are applicable to State highways shall be 
        applicable to the Interstate System within the State's borders 
        for vehicles carrying an agricultural commodity.
            ``(2) Agricultural commodity defined.--The term 
        `agricultural commodity' means any agricultural commodity 
        (including horticulture, aquaculture, and floriculture), food, 
        feed, fiber, forestry products, livestock (including elk, 
        reindeer, bison, horses, or deer), or insects, and any product 
        thereof.''.
                                 <all>
```
EXHIBIT 11

                     INTERCELL CORPORATION AND SUBSIDIARIES
                        COMPUTATION OF NET LOSS PER SHARE
                                   (Unaudited)

<TABLE>
<CAPTION>

                                               Three months                     Nine months
                                              ended June 30,                   ended June 30,
                                          1999             1998             1999          1998
                                        ---------       ----------        ---------     ----------
<S>                                  <C>               <C>               <C>           <C>
Net loss                             $ (2,011,000)     (   885,000)      (2,847,000)   ( 6,717,000)

Deemed dividends on Series B,C, and
  D preferred stock relating to
  in-the-money conversion terms        (   14,000)     (    15,000)      (   43,000)   (    45,000)
Accrued dividends on Series D
  preferred stock                      (   38,000)     (    37,000)      (  113,000)   (    74,000)
Accretion on Series B and C
  preferred stock                      (   27,000)     (    29,000)      (   85,000)   (    93,000)
                                        ---------       ----------        ---------     ----------

Net loss applicable to common
  shareholders                       $ (2,090,000)     (   966,000)      (3,088,000)   ( 6,929,000)
                                        =========       ==========        =========     ==========

Weighted average number of common
  shares outstanding                   45,081,546       35,848,917       40,735,635     31,291,413

Common equivalent shares
  representing shares issuable
  upon exercise of outstanding
  options and warrants                        -                -                -              -
                                       ----------       ----------       ----------     ----------

                                       45,081,546       35,848,917       40,735,635     31,291,413
                                       ==========       ==========       ==========     ==========

Basic and diluted loss per share
  applicable to common
  to common shareholders:
    Loss from continuing operations  $ (     0.05)     (      0.02)     (      0.08)   (      0.12)
    Loss from discontinued
      operations                       (     0.00)     (      0.01)     (      0.00)   (      0.10)
                                        ---------       ----------       ----------     ----------

Basic and diluted loss per
  common share                       $ (     0.05)     (      0.03)     (      0.08)   (      0.22)
                                        =========       ==========       ==========     ==========

</TABLE>

No impact to weighted average number of shares as the inclusion of additional
shares assuming the exercise of outstanding options and warrants would have been
antidilutive.

Fully diluted and supplementary net loss per share is not presented as the
amounts are not dilutively or incrementally different from primary net loss per
share amounts.

<PAGE>
#### Louise Meise v. John H. Doscher.

— Motion denied with ten dollars costs.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

PALMAS C. ROBERTS,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 412 EAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 29th day of January, 2019, the Petition for Allowance of Appeal is 

DENIED.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. AD10-11-000]

                    On May 26, 2010, Commission staff convened a technical conference regarding frequency regulation in the organized wholesale power markets, as previously announced.[1] 

Entities wishing to submit further, written comments regarding the matters discussed at the technical conference should submit their comments in this docket on or before June 16, 2010.

Kimberly D. Bose,

Secretary.

# Footnotes

1.                                                     *Notice of Technical Conference re Frequency Compensation in the Organized Wholesale Power Markets,*75 FR 23,759, as supplemented by                         *Supplemental Notice of Technical Conference re Frequency Compensation in the Organized Wholesale Power Markets,*                         issued April 27, 2010.                    
        Back to Citation      

[FR Doc. 2010-13371 Filed 6-2-10; 8:45 am]

BILLING CODE 6717-01-P
#### George Draper, Respondent, v. The Rochester and Pittsburg Railroad Company, Appellant.

Judgment affirmed.

Opinion by

Haight, J.
Exhibit 32.1

STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION
1350

The undersigned, Peter A. Blyberg, is the President and Chief Executive Officer of Union Bankshares Company (the
Company).

This statement is being furnished in connection with the filing by the Company of the Companys
Quarterly Report on Form 10-Q for the quarter ended March 31, 2007 (the Report).

By execution of this statement, I
certify that:



| | A) | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)), and
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------



| | B) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the
periods covered by the Report.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This statement is authorized to be attached as an exhibit to the Report so that this
statement will accompany the Report at such time as the Report is filed with the Securities and Exchange Commission, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350. It is not intended that this
statement be deemed to be filed for purposes 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.



|                   |  |                                    
|------------------ |  | -----------------------------------
|Date: May 14, 2007 |  | /s/ Peter A. Blyberg               
|                   |  | Peter A. Blyberg                   
|                   |  | President & Chief Executive Officer