alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff, CASE NO: 08-20517-01

v. DISTRICT JUDGE THOMAS L. LUDINGTON

MAGISTRATE JUDGE CHARLES E. BINDER

DAVID TINOCO,

Defendant.

/

MAGISTRATE JUDGE’S REPORT, FINDINGS AND 

RECOMMENDATION CONCERNING PLEA OF GUILTY

I. REPORT AND FINDINGS

On May 27, 2009, this Defendant was referred to the undersigned Magistrate Judge

pursuant to 28 U.S.C. §§ 636(b)(1(B) and 636(b)(3) for purposes of receiving, on consent of

the parties, Defendant’s offer of a plea of guilty. The Defendant, along with counsel, appeared

before me on May 27, 2009. In open court I examined the Defendant under oath, confirmed

the Defendant’s consent, and then advised and questioned the Defendant regarding each of the

inquiries prescribed by Rule 11(b) of the FEDERAL RULES OF CRIMINAL PROCEDURE. Based

upon the Defendant’s answers and demeanor, I HEREBY FIND 1) that the Defendant is

competent to tender a plea, 2) that Defendant’s plea was knowingly, intelligently made, and 3)

that the offense(s) to which he pled are supported by an independent basis in fact containing

each of the essential elements of the offense(s). Therefore, I have ordered the preparation of a

presentence investigation report.

Case 1:08-cr-20517-TLL-CEB ECF No. 117, PageID.362 Filed 05/28/09 Page 1 of 2
II. RECOMMENDATION

For the reasons set forth above, IT IS RECOMMENDED that subject to the Court’s

consideration of the plea agreement pursuant to Rule 11(c) of the FEDERAL RULES OF

CRIMINAL PROCEDURE, the Defendant be adjudged guilty and have sentence imposed.

III. REVIEW

The parties to this action may object to and seek review of this Report and

Recommendation within ten (10) days of service of a copy hereof as provided for in 28 U.S.C.

§ 636(b)(1). Failure to file specific objections constitutes a waiver of any further right of

appeal. Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466, 88 L. Ed.2d 435 (1985); Frontier Ins.

Co. v. Blaty, 454 F.3d 590, 596 (6th Cir. 2006); United States v. Sullivan, 431 F.3d 976, 984

(6th Cir. 2005). The parties are advised that making some objections, but failing to raise

others, will not preserve all the objections a party may have to this Report and

Recommendation. McClanahan v. Comm’r of Social Security, 474 F.3d 830, 837 (6th Cir.

2006); Frontier Ins. Co., 454 F.3d at 596-97. Pursuant to E.D. Mich. LR 72.1(d)(2), a copy of

any objections is to be served upon this Magistrate Judge.

 s/ Charles` E Binder 

CHARLES E. BINDER 

Dated: May 28, 2009 United States Magistrate Judge

CERTIFICATION

I hereby certify that this Report and Recommendation was electronically filed this date,

electronically served on Shane Waller and Shawn Sutton, and served on District Judge

Ludington in the traditional manner.

Date: May 28, 2009 By s/Jean L. Broucek 

Case Manager to Magistrate Judge Binder

Case 1:08-cr-20517-TLL-CEB ECF No. 117, PageID.363 Filed 05/28/09 Page 2 of 2
[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Notices]
[Page 35201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17082]



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

DEPARTMENT OF ENERGY
[Docket No. RP96-285-000]


South Georgia Natural Gas Company; Notice of Proposed Changes in 
FERC Gas Tariff

June 28, 1996.
    Take notice that on June 25, 1996, South Georgia Natural Gas 
Company (South Georgia) tendered for filing as part of its FERC Gas 
Tariff, Second Revised Volume No. 1, the following tariff sheets to 
become effective July 25, 1996:

Second Revised Sheet Nos. 66-67.
Third Revised Sheet No. 124.
First Revised Sheet Nos. 125-128.

    South Georgia states that it proposes to make the following 
revisions to the capacity release procedures of its Tariff to respond 
to shippers' requests: (1) to allow releasing shippers to post for 
competitive bid those offers currently not required by the Commission's 
regulations to be posted (i.e. prearranged deals for a month or less); 
(2) to provide for one business day to process prearranged, permanent 
releases of capacity; and (3) to change its posting deadlines from 
business days to calendar days for those offers that do not require 
manual intervention by South Georgia, at the releasing shipper's 
option. South Georgia proposes to make these changes effective on July 
25, 1996.
    South Georgia states that copies of this filing have been served on 
all shippers and interested state commissions.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street NE., Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions or 
protests must be filed as provided in Section 154.210 of the 
Commission's Regulations. Protests will be considered by the Commission 
in determining the appropriate action to be taken, but will not serve 
to make the protestants parties to the proceeding. Any person wishing 
to become a party must file a motion to intervene. Copies of this 
filing are on file with the Commission and are available for public 
inspection in the Public Reference Room.

Lois D. Cashell,

Secretary.

[FR Doc. 96-17082 Filed 7-3-96; 8:45 am]

BILLING CODE 6717-01-M
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

KARLA YEDID RAYGOZA COZAR,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 12-72729

Agency No. A098-467-396

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 17, 2013** 

Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.

Karla Yedid Raygoza Cozar, a native and citizen of Mexico, petitions for

review of the Board of Immigration Appeals’ order dismissing her appeal from an

immigration judge’s denial of her application for cancellation of removal. We

have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the

FILED

DEC 26 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

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

except as provided by 9th Cir. R. 36-3.

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

without oral argument. See Fed. R. App. P. 34(a)(2).
agency’s continuous physical presence determination, Ibarra-Flores v. Gonzales,

439 F.3d 614, 618 (9th Cir. 2006), and we deny the petition for review. 

Substantial evidence supports the agency’s determination that Raygoza

Cozar did not demonstrate the requisite ten years of continuous physical presence

in the United States where there was inconsistent testimony related to her

residential history from 1995 to 1998 and a lack of documentary evidence for that

period. See 8 U.S.C. § 1229b(b)(1)(A). Contrary to Raygoza Cozar’s contention,

the agency was permitted to consider Raygoza Cozar’s failure to supply evidence

corroborating her testimony in the absence of an adverse credibility finding. See 8

U.S.C § 1229a(c)(4)(B).

In light of this disposition, we need not reach Raygoza Cozar’s remaining

contentions. 

PETITION FOR REVIEW DENIED.

2 12-72729
Fialka-Feldman v. Oakland University Board of Trustees Doc. 45 Att. 21

Dockets.Justia.com
_________________________________________ 

 

 

 

_______________________________________ 

Order Michigan Supreme Court 

Lansing, Michigan 

April 26, 2006 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 

128355 Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman,

MARK P. JAMES, 

Plaintiff-Appellee,

and 

 Justices 

AUTO-OWNERS INSURANCE COMPANY, 

 Intervening Plaintiff-Appellee 

 SC: 128355 

v COA: 257993 

WCAC: 04-000002 

AUTO LAB DIAGNOSTICS & TUNE UP 

CENTERS and FARMERS INSURANCE 

EXCHANGE,

Defendants-Appellants, 

and 

SECOND INJURY FUND, PERMANENT & 

TOTAL DISABILITY PROVISIONS, 

 Defendant-Appellee. 

On order of the Court, the motion for reconsideration of the order of February 24, 

2006 is considered and it is DENIED because it does not appear the order was entered 

erroneously. 

CAVANAGH and KELLY, JJ., would grant reconsideration. 

WEAVER, J., states as follows: 

I would grant reconsideration and remand this case to the Court of Appeals for 

consideration of Camburn v Northwest School Dist (After Remand), 459 Mich 471 

(1999). 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

April 26, 2006 

 Clerk
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Proposed Rules]
[Pages 31084-31085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15469]



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


FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73

[MM Docket No. 96-131; RM-8810]


Radio Broadcasting Services; El Dorado, AR

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: This document requests comments on a petition for rule making 
filed by Arkansas Radio Broadcasters requesting the allotment of 
Channel 268A to El Dorado, Arkansas, as that community's fifth local FM 
transmission service. Coordinates used for Channel 268A at El Dorado, 
Arkansas, are 33-10-27 and 92-38-55.

DATES: Comments must be filed on or before August 5, 1996, and reply 
comments on or before August 20, 1996.

ADDRESSES: Secretary, Federal Communications Commission, Washington, DC 
20554. In addition to filing comments with the FCC, interested parties 
should serve the petitioner, as follows: Arkansas Radio Broadcasters, 
Attn: Carol B. Ingram, President, P. O. Box 73, Batesville, MS 38606.

FOR FURTHER INFORMATION CONTACT: Nancy Joyner, Mass Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 96-131, adopted June 7, 
1996, and released June 14, 1996. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC's Reference Center (Room 239), 1919 M Street, NW., 
Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractors, International 
Transcription Service, Inc., (202) 857-3800, 2100 M Street, NW., Suite 
140, Washington, DC 20037.
    Provisions of the Regulatory Flexibility Act of l980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this

[[Page 31085]]

one, which involve channel allotments. See 47 CFR 1.1204(b) for rules 
governing permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
See 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 96-15469 Filed 6-18-96; 8:45 am]
BILLING CODE 6712-01-F
#### STATE of Missouri, Respondent, v. Michael D. PILCHER, Appellant. Michael D. PILCHER, Appellant, v. STATE of Missouri, Respondent.

Nos. WD 42900, WD 44649.

Missouri Court of Appeals, Western District.

July 25, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Aug. 29, 1995.

Application to Transfer Denied Oct. 24, 1995.

James C. Cox, Asst. Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, for respondent.

Before FENNER, C.J., P.J., and BRECKENRIDGE and SMART, JJ.

*ORDER*

PER CURIAM.

Appeal from denial of Rule 29.15 motion for post-conviction relief after evidentiary hearing.

Judgment affirmed. Rule 84.16(b).
[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Pages 35811-35812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17186]


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

DEPARTMENT OF THE INTERIOR
[CO-050-1020-00]


Front Range Resource Advisory Council (Colorado) Meeting

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of meeting.

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

[[Page 35812]]

SUMMARY: In accordance with the Federal Advisory Committee Act of 1972 
(FACA), 5 U.S.C. appendix, notice is hereby given that the next two 
meetings of the Front Range Resource Advisory Council (Colorado) will 
be held on July 16, and September 3, 1996 in Canon City, Colorado. Both 
meetings are scheduled to begin at 9 a.m. at BLM's Canon City District 
Office, 3170 East Main Street, Canon City, Colorado. The agenda on July 
16 will include a discussion of Rangeland Standard and Guidelines 
implementation and a briefing and discussion of major recreation issues 
in the Canon City District primarily in the Royal Gorge Resource area. 
The meeting September 3 will be a continuation of the topics of the 
previous meeting which are unfinished.
    All Resource Advisory Council meetings are open to the public. 
Interested persons may make oral statements to the Council at 9:15 a.m. 
or written statements may be submitted for the Council's consideration. 
The District Manager may limit the length of oral presentations 
depending on the number of people wishing to speak.

DATES: The meetings are scheduled for Tuesday, July 16 and Tuesday, 
September 3 from 9 a.m. to 4 p.m.

ADDRESSES: Bureau of Land Management (BLM), Canon City District Office, 
3170 East Main Street, Canon City Colorado 81212; Telephone (719) 269-
8500; TDD (719) 269-8597.

FOR FURTHER INFORMATION CONTACT: Ken Smith at (719) 269-8553.

SUPPLEMENTARY INFORMATION: Summary minutes for the Council meeting will 
be maintained in the Canon City District Office and will be available 
for public inspection and reproduction during regular business hours 
within thirty (30) days following the meeting.
Donnie R. Sparks,
District Manager.
[FR Doc. 96-17186 Filed 7-5-96; 8:45 am]
BILLING CODE 4310-JB-P
<PAGE>
                                                                    Exhibit 21.1

                   SUBSIDIARIES OF SILVERSTREAM SOFTWARE, INC.


<TABLE>
<CAPTION>
         Subsidiary Name                        Jurisdiction of Organization
<S>                                             <C>
SilverStream Securities Corporation                   Massachusetts

SilverStream Netherlands, Inc.                        Delaware

SilverStream Software Limited                         United Kingdom

SilverStream Software GmbH                            Germany

SilverStream Software B.V.                            The Netherlands

SilverStream Software BVBA/SPRL                       Belgium

SilverStream Software (Asia) Limited                  Hong Kong

SilverStream Software (Asia) Pte. Ltd.                Singapore

SilverStream Software s.r.o.                          Czech Republic

SilverSolutions spol. s.r.o.                          Czech Republic

SilverStream Norge AS                                 Norway

SilverStream France S.A.                              France

SilverStream Canada, Inc.                             Canada

SilverStream Software Pty Limited                     Australia

SilverStream Software Danmark A/S                     Denmark

SilverStream Software Sweden AB                       Sweden

Excelnet Systems Limited                              United Kingdom

SilverStream Software Switzerland GmbH                Switzerland

SilverStream Software (Beijing) Ltd.                  Peoples Republic of China

SilverStream Software Italia S.r.l.                   Italy

SilverStream Software Spain S.L.                      Spain

SilverStream Software S.a.R.L.                        Luxembourg
</TABLE>


                                      S-2
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Notices]
[Page 32816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16132]



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

FEDERAL EMERGENCY MANAGEMENT AGENCY
[FEMA-1115-DR]


West Virginia; Amendment to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
State of West Virginia (FEMA-1115-DR), dated May 23, 1996, and related 
determinations.

EFFECTIVE DATE: June 10, 1996.

FOR FURTHER INFORMATION CONTACT: Pauline C. Campbell, Response and 
Recovery Directorate, Federal Emergency Management Agency, Washington, 
DC 20472, (202) 646-3606.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this disaster is closed effective June 10, 1996.

(Catalog of Federal Domestic Assistance No. 83.516, Disaster 
Assistance)
William C. Tidball,
Associate Director, Response and Recovery Directorate.
[FR Doc. 96-16132 Filed 6-24-96; 8:45 am]
BILLING CODE 6718-02-P
CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,
 AS ADOPTED PURSUANT TO SECTION 906
 OF THE SARBANES-OXLEY ACT OF 2002
 
  In connection with the Annual Report of Southern States Power Company, Inc. (the "Company") on Form 10-KSB for the year ended April 30, 2003, as filed with the Securities and Exchange Commission on or about the date hereof (the "Report"), I, Harrison A. McCoy, III, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:
  (1)  The Report fully complies with the requirements of Sections 13(a) or 15(d) of the Securities Exchange Act of 1934; and
  (2)  Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
  
 Dated: October 29, 2003
/s/ Harrison A. McCoy, IIIBy: Harrison A. McCoy, IIIIts: Chief Executive Officer 
  A signed original of this written statement required by Section 906 has been provided to Southern States Power Company, Inc. and will be retained by Southern States Power Company, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Page 35710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16896]


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

DEPARTMENT OF COMMERCE


Technical Advisory Committee To Develop a Federal Information 
Processing Standard for the Federal Key Management Infrastructure; 
Notice of Establishment

    In accordance with the provisions of the Federal Advisory Committee 
Act, 5 U.S.C. App. 2, and the General Services Administration (GSA) 
rule on Federal Advisory Committee Management, 41 CFR Part 101-6, and 
after consultation with GSA, the Secretary of Commerce has determined 
that the establishment of the Technical Advisory Committee to Develop a 
Federal Information Processing Standard for the Federal Key Management 
Infrastructure is in the public interest in connection with the 
performance of duties imposed on the Department by law.
    The Committee will advise the Secretary on the development of a 
draft Federal Information Processing Standard for the Federal Key 
Management Infrastructure.
    The Committee will consist of no more than twenty-four members to 
be appointed by the Secretary to assure a balanced representation among 
individuals with established expertise in cryptography and the 
implementation and use of cryptographic systems.
    The Committee will function solely as an advisory body, and in 
compliance with provisions of the Federal Advisory Committee Act. The 
charter will be filed under the Act, fifteen days from the date of 
publication of this notice.
    Interested persons are invited to submit comments regarding the 
establishment of this committee to Edward Roback, Computer Security, 
National Institute of Standards and Technology, Gaithersburg, MD 20899, 
telephone: 301-975-3696.

    Dated: June 27, 1996.
Mark Bohannon,
Chief Counsel for the Technology Administration.
[FR Doc. 96-16896 Filed 7-5-96; 8:45 am]
BILLING CODE 3510-13-M
04/13/2089 89:31 3139265967 PAGE 82/85

OAKLAND UNIVERSITY
DEPARTMENT OF UNIVERSITY HOUSING

448 Hamlin Hall
Rochester, MI 48309-4401
(248) 370-3570

Fax: (248) 370-3340

November 28, 2007

Micah Fialka-Feldman
10474 LaSalle
Huntington Woods, MI 48070

Dear Micah:

The housing contract you recently submitted is being returned to you as you are not an admitted
Oakland University student and are not registered for Winter 2008 classes. Students must be
registered for classes to live in the Residence Halls, The $100 down payment you submitted will
be refunded by University check and will be forwarded to you as soon as possible,

Tf your situation changes and you are able to get registered, you are welcome to submit another
housing contract,

Sincerely,
Sf Hoe
Lionel Maten

Director of University Housing

Enclosures

04/13/2009 MON 10:18 {[TX/RX NO 8721] Moo2
UNITED STATES OF AMERICA

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. HONORABLE SEAN F. COX

James Lee Crews D-2, CR. CASE NO. 08-20482

Defendant.

___________________________________/

ORDER

For the reasons set forth on the record on May 29, 2009, IT IS ORDERED that:

1) the parties’ joint Motion to Withdraw from Rule 11 Plea Agreement is

GRANTED;

2) Defendant’s Motion to Adjourn Sentencing as to Count III is GRANTED;

Sentencing is reset for July 31, 2009 at 9:30 a.m., in Flint.

3) Defendant’s Motion for a Continuance and New Trial Date of August 25, 2009 is

GRANTED. IT IS ORDERED that the time between May 29, 2009, and August

25, 2009 is excludable pursuant to the provisions of the Speedy Trial Act, 18

U.S.C. § 3161, because considering the factors listed in section 

(h)(7)(B) and the reasons given by counsel on the record, this Court finds that the

ends of justice served by this delay outweigh the best interest of the defendant and

the public in a speedy trial. 

IT IS FURTHER ORDERED that the parties shall each file briefs no later than June 26,

2009, addressing the following issues:

A. Whether United States v. Higgins, 557 F.3d 381 (6th Cir. 2009) applies to this

4:08-cr-20482-MAG-MJH Doc # 38 Filed 06/01/09 Pg 1 of 2 Pg ID 127
case;

B. Whether the Government is entitled to a hearing to establish that the substance at

issue in Counts III and/or IV of the Indictment was crack; and

C. Whether the Government is entitled to file a superceding Indictment as to Count

IV after Defendant indicated that he was prepared to plead guilty to that count as

originally charged.

IT IS FURTHER ORDERED that the Court will hold a Status Conference / Hearing on

these issue on July 31, 2009 at 9:30 a.m. in Flint.

IT IS SO ORDERED.

S/Sean F. Cox 

Sean F. Cox

United States District Judge

Dated: June 1, 2009

I hereby certify that a copy of the foregoing document was served upon counsel of record on

June 1, 2009, by electronic and/or ordinary mail.

S/Jennifer Hernandez 

Case Manager

4:08-cr-20482-MAG-MJH Doc # 38 Filed 06/01/09 Pg 2 of 2 Pg ID 128