alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 30533 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. ROBERT MARCUS MONTES, also known as Mook , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:16

- CR

- 226

- 1

Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * Robert Marcos Montes appeals following his conviction and sentence for conspiracy to distribute methamphetamine. He argues that he was denied his Sixth Amendment right to counsel when prior counsel effectively abandoned him at a hearing for a motion to wi thdraw his guilty plea. Montes further contends that the district court failed to conduct the required inquiry under Faretta v. California , 422 U.S. 806 (1975) , prior to his self

- representation.

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. United States Court of Appeals Fifth Circuit 

### FILED March 23, 2018 Lyle W. Cayce Clerk Case: 17-30533 Document: 00514399631 Page: 1 Date Filed: 03/23/2018No. 17

- 30533

2 A defendant can be constructively denied counsel if (1) coun sel is prevented from assisting the defendant at a critical stage, (2) counsel “entirely fails to subject the prosecution’s case to meaningful adversarial testing, ” or (3) counsel “ actively represented conflicting interests. ” See United States v. Cronic , 466 U.S. 648, 659

- 61 & nn. 25, 28 (1984) (internal quotation marks and citation omitted) . To the extent that Montes’s initial brief asserts a conflict of interest theory, he has not specified what interest counsel allegedly maintained that conflicted with his duties to his client. See Bostick v. Quarterman , 580 F.3d 303, 306 (5th Cir. 2009) . To the extent Montes argues that counsel’s alleged failure to argue the motion is a failure to present meaningful adversarial advocacy, counsel’s conduct at the hearing does not constitute a complete abandonment. See B ell v. Cone , 535 U.S. 685, 695 (2002)

. Specifically, counsel was present during the entire hearing, conferred privately with Montes on various occasi ons, explained Montes’s desire to bri ng the motion, and spoke on behalf of Montes at times. Therefore, we reject Montes’s claim that counsel abandoned him , without prejudice to any ineffective assistance claim he may choose to raise on collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014)

. Montes’s claim that the district court improperly denied him a Faretta hearing likewise is unavailing. As explained, he was not completely abandoned by counsel. Moreover, he never unequivoca lly invoked his right to self

- representation. United States v. Cano , 519 F.3d 512, 516 (5th Cir. 2008). For these reasons, the judgment of the district court is AFFIRMED. Case: 17-30533 Document: 00514399631 Page: 2 Date Filed: 03/23/2018
Long-Range 

Actuarial 

Balance

Annual 

Balance in 

75th Year

Long-Range 

Actuarial 

Balance

Annual Balance 

in 75th Year

Long-Range 

Actuarial 

Balance

Ann

Balan

75th 

-1.92% -5.70% 1.98% 4.21% 0.05% -1.4

Estimates based on the intermediate assumptions of the 2005 Trustees Report Office of the Chief Actu

Summary Measures and Graphs

Category of Change: Payroll Tax Rates

Proposed Provision: Raise payroll tax rates (for employees and employers combined) by 2.1 points in 2020 (to 14.5% combined) and by an additional 2.1 percentage points in 2050 (to 16combined)

January 11, 2006

Present Law Change From Present Law in Results with this prov

OASDI Cost Rates and Income Rates

(as a percentage of taxable payroll)

0.005.00

10.0015.0020.0025.00

2005 2015 2025 2035 2045 2055 2065 2075

Year

Percent

Cost rates with this provisionCost rates under present lawIncome rates with this provisionIncome rates under present law

OASDI tax rate schedule 

(employees and employers, each)

1993 and later 6.2%

OASDI Trust Fund Ratio

(assets as a percentage of annual expenditu

0

100200300400500600700800900

1000

2005 2015 2025 2035 2045 205

Year

Percent

Present law with thi
Year Cost Rate

Income 

Rate

Annual 

Balance

2005 11.13 12.72 1.59 320

2006 11.00 12.73 1.73 338

2007 10.94 12.74 1.80 355

2008 10.98 12.78 1.81 371

2009 11.11 12.77 1.66 383

2010 11.22 12.79 1.57 396

2011 11.37 12.84 1.47 406

2012 11.60 12.87 1.27 414

2013 11.84 12.90 1.06 420

2014 12.09 12.91 0.82 423

2015 12.34 12.93 0.59 426

2016 12.60 12.95 0.35 426

2017 12.87 12.97 0.09 425

2018 13.14 12.98 -0.16 422

2019 13.42 13.00 -0.42 418

2020 13.71 13.02 -0.69 412

2021 13.99 13.03 -0.95 405

2022 14.27 13.05 -1.22 397

2023 14.54 13.07 -1.47 387

2024 14.81 13.08 -1.73 377

2025 15.08 13.10 -1.98 365

2026 15.34 13.12 -2.23 352

2027 15.58 13.13 -2.45 338

2028 15.80 13.14 -2.65 323

2029 15.99 13.16 -2.83 308

2030 16.17 13.17 -3.00 292

2031 16.33 13.18 -3.15 276

2032 16.47 13.19 -3.28 259

2033 16.58 13.20 -3.38 241

2034 16.66 13.21 -3.45 224

2035 16.72 13.21 -3.51 206

2036 16.78 13.22 -3.56 188

2037 16.81 13.22 -3.59 170

2038 16.83 13.22 -3.61 151

2039 16.83 13.22 -3.61 132

2040 16.83 13.23 -3.61 113

2041 16.83 13.23 -3.61 93

2042 16.84 13.23 -3.61 74

2043 16.84 13.23 -3.61 54

2044 16.84 13.23 -3.61 33

2045 16.84 13.23 -3.61 13

2046 16.86 13.23 -3.62 ----

2047 16.87 13.24 -3.63 ----

2048 16.88 13.24 -3.65 ----

2049 16.90 13.24 -3.66 ----

2050 16.93 13.24 -3.68 ----

2051 16.96 13.24 -3.71 ----

2052 16.99 13.25 -3.75 ----

2053 17.03 13.25 -3.78 ----

2054 17.07 13.25 -3.82 ----

2055 17.11 13.26 -3.86 ----

2056 17.16 13.26 -3.90 ----

2057 17.21 13.26 -3.95 ----

2058 17.27 13.27 -4.00 ----

2059 17.31 13.27 -4.04 ----

2060 17.36 13.27 -4.09 ----

2061 17.42 13.28 -4.14 ----

2062 17.47 13.28 -4.19 ----

2063 17.53 13.28 -4.25 ----

2064 17.59 13.29 -4.30 ----

2065 17.65 13.29 -4.35 ----

2066 17.70 13.30 -4.41 ----

2067 17.76 13.30 -4.46 ----

2068 17.82 13.30 -4.51 ----

2069 17.87 13.31 -4.56 ----

2070 17.91 13.31 -4.60 ----

2071 17.96 13.31 -4.65 ----

2072 18.00 13.31 -4.69 ----

2073 18.05 13.32 -4.73 ----

2074 18.09 13.32 -4.77 ----

2075 18.13 13.32 -4.81 ----

2076 18.17 13.32 -4.85 ----

2077 18.22 13.33 -4.89 ----

2078 18.26 13.33 -4.93 ----

2079 18.30 13.33 -4.97 ----

2080 18.35 13.34 -5.01 ----

Summarized Rates: OASDI

2005 Cost Rate Income Rate

Actuarial 

Balance

-2079 15.31% 13.84% -1.46% 0.46%

Office of the Chief Actuary, Social Security

Estimates based on Intermediate Assumptions of the 2005 Trustees Report January 4, 2006

Detailed Single Year Tables

Category of Change: Level of Monthly Benefits (PIA)

Change in 

Actuarial Balance

Proposed Provision: Increase the number of years used to calculate benefits for retirees and survivors 

(but not for disabled workers) from 35 to 40, phased in 2006-2014

Expressed as a percentage of taxable payroll Trust Fund 

Ratio 

1-1-year
#### In the Matter of New York Central Mutual, Appellant, v Jacques Coriolan, Respondent. Sherriet T. Holland et al., Proposed Additional Respondents.

[772 NYS2d 827]

In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from a judgment of the Supreme Court, Queens County (Thomas, J.), dated November 25, 2002, which, after a hearing, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner’s insured served a demand for arbitration of an uninsured motorist claim. The petitioner subsequently commenced this proceeding to stay arbitration and made a prima facie showing that the offending vehicle was insured by Pacific Employer’s Insurance Company (hereinafter Pacific). However, the prima facie showing of coverage was rebutted by the testimony of Pacific’s claims representative, as corroborated by documentary evidence, that several searches of the company’s records were conducted and no policy could be located. Since the petitioner did not present further evidence of coverage to overcome the rebuttal of its prima facie case, the Supreme Court properly denied the petition and dismissed the proceeding *(see Matter of American Tr. Ins. Co.,*208 AD2d 376, 377 [1994]; *Mat*
      *494
      *ter of Allstate Ins. Co. v Karadag,*205 AD2d 531, 532 [1994]). Altman, J.P., Smith, H. Miller and Mastro, JJ., concur.
### Proposed Provision: A7. Starting December 2024, reduce the annual COLA by 1 percentage point, but not to less than zero. In cases where the unreduced COLA is less than 1 percentage point, do not carry over the unused reduction into future years.

back
[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Notices]
[Page 66341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31104]



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


DEPARTMENT OF TRANSPORTATION

Notice of Change of Name of Approved Trustee

    Notice is hereby given that effective April 22, 1994, Bank of 
Delaware, with offices at 222 Delaware Avenue, Wilmington, Delaware, 
19899-0791, has changed its name to PNC Bank, Delaware.

    Dated: December 18, 1995.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary.
[FR Doc. 95-31104 Filed 12-20-95; 8:45 am]
BILLING CODE 4910-81-P
### Proposed Provision: C2.3. Starting for those age 62 in 2024, index the normal retirement age (NRA) to maintain a constant ratio of expected retirement years (life expectancy at NRA) to potential work years (NRA minus 20). We assume the NRA will increase 1 month every 2 years. Also, increase the earliest eligibility age (EEA) by the same amount as the NRA starting for those age 62 in 2024 so as to maintain a 5 year difference between the two ages. Include a "hardship exemption" with no EEA/NRA change for a worker with 25 years of earnings (with 4 quarters of coverage each), and average indexed monthly earnings (AIME) less than 250 percent of the poverty level (wage-indexed from 2013). The hardship exemption is phased out for those with AIME above 400 percent of the poverty level.

back
### Proposed Provision: C2.5. Increase the normal retirement age (NRA) 3 months per year for those age 62 starting in 2024 and ending in 2035 (NRA reaches 70 for those age 62 in 2035). Thereafter, index the NRA to maintain a constant ratio of expected retirement years (life expectancy at NRA) to potential work years (NRA minus 20). We assume the NRA will increase 1 month every 2 years. Also, increase the earliest eligibility age (EEA) from 62 to 64 at the same time the NRA increases from 67 to 69; that is, for those attaining age 62 in 2024 through 2031. Keep EEA at 64 thereafter.
Exhibit 4.1



 


		CAPELOGIC INCORPORATED

Providing Technology Solutions for Financial Services


1
Windhaven Court, Monroe Twp, NJ 08831 


Telephone: (609) 448-7930 Fax: (973)
206-9430 


Web: www.capelogic.com


 


December 9, 2022


 


Advisors Asset Management, Inc.


8100 E. 22nd St. North, Building 800


Suite 102


Wichita, KS 67226


 


Re: Advisors Disciplined
Trust 2156 (the “Fund”)


Ladies and Gentlemen:


We
have examined the Registration Statement File No. 333-268511 for the above captioned Fund and acknowledge that Capelogic, Inc. is currently
acting as the independent pricing agent for the Fund. Subsequently, we hereby consent to the reference of Capelogic, Inc. as independent
pricing agent.


You
are hereby authorized to file a copy of this letter with the Securities and Exchange Commission.


 





	 	Sincerely,
	 	 	 
	 	Capelogic, Inc.
	 	 	 
	 	 	 
	 	By	/s/ SALMAN AHMAD
	 	 	Salman Ahmad
	 	 	Treasurer
Exhibit 32.1

                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                           PURSUANT TO 18 U.S.C. 1350
                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

In connection with the Annual Report of Casey Container, Corp. (the "Company")
on Form 10-K for the year ended December 31, 2011 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Martin R Nason,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350,
as adopted pursuant to ss.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 the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.


/s/ Martin R Nason
------------------------------------
Martin R Nason
Chief Executive Officer
March 30, 2012

This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall 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.

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.
Exhibit 32.1  CERTIFICATE 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 (the Report) on the Form 10-K of Siga Resources, Inc. (the Company) for the year ended July 31, 2009, as filed with the Securities and Exchange Commission on the date hereof, I, Edwin G. Morrow, Chief Executive Officer, President and Director, certify, 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 my knowledge and belief:  a. The Report fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities and Exchange Act of 1934, as amended; and  b. The information contained in this Report fairly presents, in all material respects, the financial condition and results of operation of the Company.  Date: November 10, 2010   /s/ EDWIN G. MORROW Edwin G. Morrow Chief Executive Officer, President and Director
### Proposed Provision: H5. Beginning in 2030, for single/head-of-household/married-filing-separate taxpayers with MAGI of $250,000 or more and joint filers with MAGI of $500,000 or more, include up to the remaining 15 percent of Social Security benefits in taxable income (increased from up to 85 percent of benefits taxable under current law). In subsequent years, update these thresholds for growth in wages (AWI). Revenue from this provision would be credited to the Social Security trust funds. Current law taxation of up to 85 percent of Social Security benefits would remain unchanged.
[Cite as State ex rel. Manuel v. Stenson, 126 Ohio St.3d 52, 2010-Ohio-2673.] 

THE STATE EX REL. MANUEL, APPELLANT, v. STENSON, APPELLEE. 

[Cite as State ex rel. Manuel v. Stenson, 126 Ohio St.3d 52, 2010-Ohio-2673.] 

Appellate procedure — Untimely appeal dismissed — S.Ct.Prac.R. 2.2(A)(1).

(No. 2010-0248 — Submitted June 9, 2010 — Decided June 16, 2010.) 

APPEAL from the Court of Appeals for Montgomery County, No. 23583. 

__________________ 

Per Curiam.

{¶ 1} We dismiss the appeal of appellant, Michael Manuel, because 

although he challenges the court of appeals’ November 10, 2009 judgment 

denying his petition for a writ of mandamus, he failed to file a timely appeal from 

that judgment. S.Ct.Prac.R. 2.2(A)(1). His amended motion for rehearing, 

whether construed as a motion for reconsideration or a Civ.R. 60(B) motion for 

relief from judgment, did not extend his time to appeal the judgment. State ex rel. 

Martin v. Ohio Adult Parole Auth., 124 Ohio St.3d 63, 2009-Ohio-6164, 918 

N.E.2d 1005, ¶ 1. Manuel cannot use Civ.R. 60(B) as a substitute for a timely 

appeal. Id. 

Appeal dismissed. 

BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR,

O’DONNELL, LANZINGER, and CUPP, JJ., concur. 

__________________ 

 Michael Manuel, pro se. 

______________________
EXHIBIT 32.1

CERTIFICATION OF THE CHIEF EXECUTIVE 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 E Com Ventures, Inc. (the Company) of Form 10-K for the year
ended February 2, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael W. Katz, President and Chief 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 the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ MICHAEL W. KATZMichael W. KatzPresident and Chief Executive OfficerJune 5, 2008
<PAGE>   1

                                                                    EXHIBIT 21.0

                        Scientific Games Holdings Corp.
                                  Subsidiaries


<TABLE>
<CAPTION>
                                                               State/jurisdiction
                                                               of incorporation/                 Other names under which
Name                                                             organization                    business is conducted
--------------------                                           -------------------               -----------------------------------
<S>                                                            <C>                               <C>
Scientific Games Inc.                                          Delaware

Scientific Games (Greece), Inc.                                Delaware

Scientific Games Acquisition Corp.                             Delaware                          Formerly GameTec Inc.

Scientific Games Foreign Sales Corporation                     Barbados

Scientific Games International Limited                         United Kingdone
  Line of business: instant ticket manufacturer
  Number of subsidiaries within US = 0
  Number of subsidiaries outside US = 4

Scientific Games Kommunikations -- und                         Austria
      Computersysteme A.G.
  Line of business: on-line lottery systems
  Number of subsidiaries within US = 0
  Number of subsidiaries outside US = 0

Scientific Games Finance Corporation                           Delaware

Scientific Games Royalty Corporation                           Delaware

Scientific Games France Inc.                                   Delaware
</TABLE>
<PAGE>   1
                                                                    EXHIBIT 11.4


                            ALLEGIANCE TELECOM, INC.
                    COMPUTATION OF PER SHARE EARNINGS (LOSS)
                         SIX MONTHS ENDED JUNE 30, 2000
                (Dollars in thousands, except per share amounts)

<Table>
<Caption>

                                                            Number of            Percent
                                                             Shares            Outstanding      Equivalent Shares
                                                            ---------          -----------      -----------------

<S>                                                        <C>                 <C>              <C>

Prior to Public Offering
 1997 Common Stock Offering                                      639              100.00%                    639

After Initial Public Offering
 1998 Common Stock Offering                                15,000,000             100.00%              15,000,000
 Preferred Stock Converted to Common Stock                 60,511,692             100.00%              60,511,692
 1999 Common Stock Offering                                21,041,100             100.00%              21,041,100
 2000 Common Stock Offering                                10,703,109              81.30%               8,702,101
 Treasury Shares                                             (327,495)             76.68%                (251,136)
 Warrants Exercised                                           626,094              95.41%                 597,345
 Stock Options Exercised                                      643,953              64.59%                 415,914
 Cash in Lieu of Stock Split                                     (577)             67.59%                    (390)
 Employee Stock Discount Purchase Plan Shares Issued          194,520              94.65%                 184,120
 Common Stock Issued for Business Acquisitions                393,482               8.57%                  33,713
                                                                                                -----------------
 WEIGHTED AVERAGE SHARES OUTSTANDING                                                                  106,235,098

 NET LOSS APPLICATION TO COMMON STOCK                                                               $(118,000,000)

 NET LOSS PER SHARE, BASIC AND DILUTED                                                              $       (1.11)
                                                                                                -----------------
</Table>