alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

CHARLES MOLNAR,

Defendant

- Appellant. No. 15

- 50428

D.C. No. 3: 14

- cr

- 01340

- JLS

MEMORANDUM *

Appeal from the United States District Court

for the Southern District of California

Janis L. Sammartino, District Judge, Presiding

Submitted April 11, 2017 **

Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

Charles Molnar appeals from the distri ct court’s judgment and challenges

the 188

- month concurrent sentence s imposed following his guilty

- plea conviction s

for receipt and possession of material involving the sexual exploitation of minors,

in violation of 18 U.S.C. §§ 2252(a)(2) and (a)(4) (B)

. We have jurisdiction under

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

APR 19 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 15

- 50428

28 U.S.C. § 1291, and we affirm.

Molnar contends that the district court erred by increasing his sentence based

on facts that were not alleged in the indictment nor proven beyond a reasonable

doubt. This argument fails because the court’s factual findings affected neither the

statutory maximum sentence nor any mandatory minimum sentence applicable to

Molnar’s conviction, and, therefore, the Sixth Amendment was not violated. See

United States v. Val lejos , 742 F.3d 902, 906

- 07 (9th Cir. 2014 ).

Molnar next contends that his sentence i s substantiv ely unreasonable in light

of the mitigating factors. The district court did not abuse its discretion in imposing

Molnar’s sentence

. See Gall v. United States , 552 U.S. 38, 51 (2007). The high

end sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a)

sentencing factors and the totality of the circumstances

. See Gall , 552 U.S. at 51

.

Furthermore, the record reflects that the district court considered Molnar’s

mitigating arguments.

AFFIRMED.
EXHIBIT 32.2

CERTIFICATION OF

CHIEF FINANCIAL OFFICER

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 of Genaera Corporation (the Company) on Form 10-K for the year ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report),
I, Leanne M. Kelly, Senior Vice President and Chief Financial 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, as amended; and

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



|                                                 
|-------------------------------------------------
|/s/    LEANNE M. KELLY                           
|Leanne M. Kelly                                  
|Senior Vice President and Chief Financial Officer

March 3, 2009
[Federal Register Volume 60, Number 241 (Friday, December 15, 1995)]
[Notices]
[Page 64455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30573]



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

NATIONAL SCIENCE FOUNDATION


Advisory Committee for Social, Behavioral and Economic Sciences, 
Subcommittee on Transformations to Quality Organizations; Notice of 
Meeting

    Name: Advisory Committee for Social, Behavioral and Economic 
Sciences, Subcommittee on Transformations to Quality Organizations.
    Date & Time: January 4, 1996, 9:00 am-12:00 noon.
    Place: Boardroom North, Hyatt Regency, Albuquerque, NM.
    Type of Meeting: Open.
    Contact Person: Marietta Baba, Program Director, Transformations 
to Quality Organizations, Room 910, National Science Foundation, 
4201 Wilson Blvd., Arlington, VA 22230. 703 306-1757 x7210.
    Minutes: May be obtained from contact person above.
    Meeting Purpose: Review 1995 Status and Discuss Future 
Directions

Agenda

1. Welcome and Greetings
2. Review Agenda
3. 1995 Status Report
4. Research Presentations
5. Future Direction
6. Next Steps
7. Next Meeting
8. Adjourn

    Dated: December 12, 1995.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 95-30573 Filed 12-14-95; 8:45 am]
BILLING CODE 7555-01-M
#### Ludwig Vauth, Respondent, v. Magdalena Landis, Appellant.

Motion to resettle case and exceptions and for reargument denied.
ex4_5.htm




Exhibit 4.5

 


CERTIFICATE





State of Oregon

OFFICE OF THE SECRETARY OF STATE

Corporation Division













I, BILL BRADBURY, Secretary of State of Oregon, and Custodian of the Seal of said State, do hereby certify:









That the attached Document File for.-





WIFI WIRELESS, INC.








 


is a true copy of the original documents that have been filed with this office.














		
In Testimony Whereof I have hereunto set my hand and affixed hereto the Seal of the State of Oregon.

	  	  	  
	
BILL BRADBURY, Secretary of State

	  	  	  
	  	  	  
	  	  	  
	
By
	
s/Marilyn R. Smith
	  
	  	
Marilyn R. Smith











 


Come visit us on the internet at http://www.filinginoregon.com

FAX (803) 378-4381
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-1082

STATIC CONTROL COMPONENTS, INCORPORATED, 

 Plaintiff - Appellee, 

 v. 

REZA H. AHMADI; INTELLIGENT OFFICE PRODUCTS, INCORPORATED, 

 Defendants - Appellants. 

Appeal from the United States District Court for the Middle 

District of North Carolina, at Greensboro. Thomas David 

Schroeder, District Judge. (1:07-cv-00281-TDS-RAE) 

Submitted: December 17, 2009 Decided: December 23, 2009 

Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Reza H. Ahmadi, Appellant Pro Se. William L. London, III, 

Sanford, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Reza H. Ahmadi and his corporation Intelligent Office 

Products, Inc. seek to appeal the district court’s final order 

entering a default judgment against them. We dismiss the 

appeal for lack of jurisdiction because the notice of appeal was 

not timely filed. 

Parties are accorded thirty days after the entry of 

the district court’s final judgment or order to note an appeal, 

Fed. R. App. P. 4(a)(1)(A), unless the district court extends 

the appeal period under Fed. R. App. P. 4(a)(5), or reopens the 

appeal period under Fed. R. App. P. 4(a)(6). This appeal period 

is “mandatory and jurisdictional.” Browder v. Dir., Dep’t of 

Corr., 434 U.S. 257, 264 (1978) (quoting United States v. 

Robinson, 361 U.S. 220, 229 (1960)). 

The district court’s order was entered on the docket 

on December 4, 2008. The notice of appeal was filed on January 

6, 2009. Because Appellants failed to file a timely notice of 

appeal or to obtain an extension or reopening of the appeal 

period, we dismiss the appeal. 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. 

DISMISSED
#### ARLINE McBRIDE DAVIS v. EUGENE G. SHAW, Commissioner of Revenue, and JOHN E. WALTERS, as Sheriff of GUILFORD COUNTY.

Appeal by plaintiff from *Patton, Special Judge,*30 October, 1950, Civil Term of Guilford (High Point Division).

Motion of defendants, appellees, Eugene G. Shaw, Commissioner of Revenue, and John E. Walters, as Sheriff of Guilford County, to be allowed to withdraw demurrer, to have case remanded, and to file answer to complaint in the case of *Davis v. Shaw.*

Eevin, J.,

for the Court. Upon motion of the defendants, this action is remanded to the Superior Court of Guilford County for remand to the Municipal Court of the City of High Point, where the defendants are to withdraw their demurrer, file an answer, and stay sales of property under execution until trial is had on merits. Costs of appeal are hereby taxed against the defendants. December 13, 1950.
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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 this Quarterly Report of Fresh Promise Foods, Inc. (the “Company”), on Form 10-Q for the period ended
March 31, 2015, as filed with the U.S. Securities and Exchange Commission on the date hereof, I, Kevin P. Quirk, Principal Executive
Officer of the Company, certify to the best of my knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906
of the Sarbanes-Oxley Act of 2002, that:



| | (1) | Such
    Quarterly Report on Form 10-Q for the period ended March 31, 2015, 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 such Quarterly Report on Form 10-Q for the period ended March 31, 2015, fairly presents, in all material
    respects, the financial condition and results of operations of the Company.





|Dated:
    April 27,  2018 | FRESH PROMISE FOODS,   INC.
|-------------------------- | ---------------------------
|                           | (Registrant)               
|                           |                            
|                           | /s/ Joe E. Poe, Jr.        
|                           | Joe
    E. Poe, Jr.        
|                           | Chief Executive Officer
[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Notices]
[Page 64070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30287]



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

DEPARTMENT OF THE INTERIOR
[OR-958-1430-01; GP6-0033; OR-44130, OR-48183-WA]


Conveyance of Public Lands; Order Providing for Opening of Lands; 
Oregon and Washington

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: This action informs the public of the conveyance of 3,310 
acres of public lands in Oregon, and 1,846.04 acres of public lands in 
Washington, out of Federal ownership. This action will also open 1,280 
acres of reconveyed lands to surface entry. The 640 acres in Oregon are 
already open to mining and mineral leasing and the mineral estate in 
the 640 acres in Washington is not in Federal ownership.

EFFECTIVE DATE: January 18, 1996.

FOR FURTHER INFORMATION CONTACT: Linda Sullivan, BLM Oregon/Washington 
State Office, P.O. Box 2965, Portland, Oregon 97208, 503-952-6171.

SUPPLEMENTRY INFORMATION: Under the authority of Section 206 of the 
Federal Land Policy and Management Act of 1976, 43 U.S.C. 1716, patents 
have been issued transferring 3,310 acres in Harney County, Oregon, and 
1,846.04 acres in Grant County, Washington, from Federal to private 
ownership.
    In the exchange, the following described lands has been reconveyed 
to the United States:

Willamette Meridian

T. 5 N., R. 18 E.,
    Sec. 27.

    The area described contains 640 acres in Klickitat County, 
Washington.

Willamette Meridian

T. 32 S., R. 32 \3/4\ E.,
    Sec. 15, W\1/2\SW\1/4\, SE\1/4\SW\1/4\, and SW\1/4\SE\1/4\;
    Sec. 21, N\1/2\NE\1/4\;
    Sec. 22, N\1/2\ and E\1/2\SE\1/4\.

    The area described contains 640 acres in Harney County, Oregon.

    At 8:30 a.m., on January 18, 1996, the lands will be opened to 
operation of the public land laws generally, subject to valid existing 
rights, the provisions of existing withdrawals, and the requirements of 
applicable law. All valid existing applications received at or prior to 
8:30 a.m., on January 18, 1996, will be considered as simultaneously 
filed at that time. Those received thereafter will be considered in the 
order of filing.

    Dated: December 1, 1995.
Robert D. DeViney, Jr.,
Chief, Branch of Realty and Records Services.
[FR Doc. 95-30287 Filed 12-12-95; 8:45 am]
BILLING CODE 4310-33-P
I 

113TH CONGRESS 

2D SESSION H. R. 5785 

To amend the Internal Revenue Code of 1986 to make permanent the exclusion from gross income of discharges of qualified principal residence 

indebtedness. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 3, 2014 

Mr. GRAYSON introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to make 

permanent the exclusion from gross income of discharges 

of qualified principal residence indebtedness. 

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

3 SECTION 1. PERMANENT EXCLUSION FROM GROSS INCOME 

4 OF DISCHARGE OF QUALIFIED PRINCIPAL 

5 RESIDENCE INDEBTEDNESS. 

6 Subparagraph (E) of section 108(a)(1) of the Inter7 nal Revenue Code of 1986 is amended by striking ‘‘which 

8 is discharged before January 1, 2014’’. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS
#### STATE v. HENRY SETZER.

(Filed 7 May, 1930.)

Criminal Haw G e — Testimony in this case should have been excluded under hearsay rule.

Testimony of the sheriff that a suspect of the crime told him to get the present defendant and “you will be on the right track,” not made in the presence of the defendant, is inadmissible as hearsay evidence, and its admission over the objection of the defendant is reversible error.

Appeal by defendant from *Stacie, J.,*at February Term, 1930, of Catawba.

Criminal prosecution tried upon an indictment charging the defendant, and another, with breaking and entering the storehouse of one D. P. Drum on 28 November, 1929, with intent to steal the goods and chattels of the owner then being in said storehouse, etc., contrary to C. S., 4235.

Yerdict: Guilty.

Judgment: Imprisonment in the State’s prison for a term of not less than 18, nor more than 30, months.

Defendant appeals, assigning errors.

*664
      *Attorney-General Brummitt and Assistant Attorney-General Nash for the State.*

*JR. L. Huffman for defendant.*

Stacy, O. J.

The sheriff was permitted to testify, over objection of defendant, that one John Burns who had been arrested as a suspect, prior to the defendant, and charged with entering the store and stealing the goods in question, said to him while in his custody: “If you will get Henry Setzer you will be on the right track.” This evidence was incompetent as against the defendant, who was not present at the time the statement was made, and should have been excluded. *S. v. Simmons, ante,*599; *S. v. Green,*193 N. C., 302, 136 S. E., 729.

The declaration of a third person, not an agent of the party sought to be affected, made in the absence of such party, is inadmissible as hearsay. *S. v. Lassiter,*191 N. C., 210, 131 S. E., 577; *Daniel v. Dixon,*161 N. C., 377, 77 S. E., 305.

The error is just one of those mishaps which, now and then, befalls the most circumspect in the trial of causes on the circuit. *S. v. Griggs,*197 N. C., 352, 148 S. E., 547. But the defendant has appealed, and he is entitled to a ruling on the exception.

New trial.
#### STATE v. HUDSON ROBINSON.

(Filed 24 November, 1937.)

1. Criminal Daw § 79—

Tbe failure of defendant to file briefs works an abandonment of tbe assignments of error, except those appearing on tbe face of tbe record, wbicb are cognizable *ex mero motu.*

2. Criminal Daw § 80—

Where defendant fails to file briefs, tbe motion of tbe Attorney-General to dismiss must be allowed, Rules 27 and 28, but in a capital case this will be done only after an examination of the record and case on appeal discloses no error.

3. Homicide § 25—

Where there is sufficient competent evidence by tbe State to sustain, a verdict of guilty of murder in the first degree, and evidence in sharp conflict introduced by defendant, the conflicting evidence is for tbe jury, abd defendant’s motion to nonsuit is properly denied.

Appeal by defendant from *Rousseau, J.,*at Regular Criminal June Term, 1937, of MecKleNbueg.

Motion by State to dismiss appeal of defendant.

*Attorney-General Seawell and Assistant Attorneys-General McMullan and Bruton for the State.*

*No counsel for defendant.*

*537WiNBORNE, J.

Tbe defendant was tried upon a bill of indictment charging him with the murder of one Albert Downing. There was verdict of murder in the first degree and judgment of death by asphyxiation. Defendant gave notice of appeal to the Supreme Court and was permitted to appeal *in forma pauperis.*The record and case on appeal were duly docketed in this Court, but defendant has filed no brief, which works an abandonment of the assignments of error, *S. v. Hooker,*207 N. C., 648, 178 S. E., 75; *S. v. Dingle,*209 N. C., 293, 183 S. E., 376; except those appearing on the face of the record, which are cognizable *ex mero motu. S. v. Edney,*202 N. C., 706, 164 S. E., 23.

The Attorney-General moves to dismiss the appeal for failure to comply with Eules 27 and 28 of this Court as to filing briefs. This motion must be allowed. *S. v. Kinyon,*210 N. C., 294, 186 S. E., 368.

However, as is customary in capital cases, we have examined the record and case on appeal to see if any error appears. The only assignments of error are to the refusal of the court below to grant defendant’s motion for judgment as of nonsuit. The case on appeal reveals evidence competent and sufficient to sustain the verdict. The evidence for defendant is in sharp conflict with that for the State. This presents a •case for the jury. We find no error.

Judgment affirmed and appeal dismissed.
EX-35.1
(logo) OCWEN



ANNUAL SERVICER COMPLIANCE STATEMENT
PURSUANT TO ITEM 1123 OF REGULATION AB

March 7, 2008


RE: ACE 2007-HE1

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
[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Notices]
[Page 63545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30079]



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

INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32256]


Consolidated Rail Corporation--Control and Operation Exemption--
Clearfield and Mahoning Railway Company

agency: Interstate Commerce Commission.

action: Notice of exemption.

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

summary: The Commission exempts from the prior approval requirements of 
49 U.S.C. 11343-45 the control and operation by Consolidated Rail 
Corporation of Clearfield and Mahoning Railway Company, subject to 
standard labor protective conditions.

dates: This exemption will be effective on January 7, 1996. Petitions 
to stay must be filed by December 18, 1995, and petitions to reopen 
must be filed by December 28, 1995.

addresses: Send pleadings referring to Finance Docket No. 32256 to: (1) 
Office of the Secretary, Case Control Branch, Interstate Commerce 
Commission 1201 Constitution Avenue, NW., Washington, DC 20423; and (2) 
Petitioner's representative, John J. Paylor, 2001 Market St.-16A, P.O. 
Box 41416, Philadelphia, PA 19101.

for further information contact: Beryl Gordon, (202) 927-5610. [TDD for 
the hearing impaired: (202) 927-5721.]

supplementary information: Additional information is contained in the 
Commission's decision. To purchase a copy of the full decision, write 
to, call, or pick up in person from DC NEWS & DATA, INC., Interstate 
Commerce Commission Building, 1201 Constitution Avenue, NW., Room 2229, 
Washington, DC 20423. Telephone: (202) 289-4357/4359. [Assistance for 
the hearing impaired is available through TDD services (202) 927-5721.]

    Dated: November 22, 1995.

    By the Commission, Chairman Morgan, Vice Chairman Owen, and 
Commissioner Simmons.
Vernon A. Williams,
Secretary.
[FR Doc. 95-30079 Filed 12-8-95; 8:45 am]
BILLING CODE 7035-01-M