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NOT FOR PUBLICATION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.

CECILIO CAICEDO-CUERO,

 Defendant - Appellant.

No. 13-50252

D.C. No. 3:12-cr-02550-DMS-4

MEMORANDUM*

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JUAN CAICEDO-RENGIFO,

 Defendant - Appellant.

No. 13-50264

D.C. No. 3:12-cr-02550-DMS-3

Appeal from the United States District Court

for the Southern District of California

Dana M. Sabraw, District Judge, Presiding

Argued and Submitted November 18, 2014

Pasadena, California

FILED

DEC 03 2014

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.
Before: W. FLETCHER and BYBEE, Circuit Judges, and SETTLE, District

Judge.

** 

Appellants Cecilio Caicedo-Cuero and Juan Caicedo-Rengifo appeal their

convictions under the Maritime Drug Law Enforcement Act (“MDLEA”), 46

U.S.C. § 70503. Appellants argue that the district court erred when it determined

that there was a sufficient nexus to support constitutional jurisdiction. We have

jurisdiction under 28 U.S.C. § 1291, and we affirm.

We review de novo a district court’s determination of constitutional

jurisdiction under the MDLEA. United States v. Perlaza, 439 F.3d 1149, 1160

n.13 (9th Cir. 2006). We review the district court’s findings of fact for clear error. 

United States v. Khan, 35 F.3d 426, 430 (9th Cir. 1994).

The parties disagree over which standard of review should apply to the

district court’s finding that the cocaine was destined for the United States. Under

any standard of review, the district court correctly found that the cocaine was

destined for the United States. The district court properly relied on the testimony

of the Government’s expert witness, Agent Michael Wasser. That testimony

established by a preponderance of the evidence that the cocaine was intended for

distribution in the United States. 

** The Honorable Benjamin H. Settle, United States District Judge for

the Western District of Washington, sitting by designation.

2
The district court’s finding that the cocaine was destined for the United

States “provides a sufficient nexus between the defendants’ activities and the

United States to satisfy the nexus requirement.” United States v. KlimaviciusViloria, 144 F.3d 1249, 1259 (9th Cir. 1998). Thus, the district court correctly

concluded that there was constitutional jurisdiction in this case. 

AFFIRMED. 

3
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TRUSTEES OF THE DETROIT

CARPENTERS FRINGE BENEFIT FUNDS,

Plaintiffs,

Case No. 09-10636

v.

DETROIT DOOR & HARDWARE CO. Hon. John Corbett O’Meara

a Michigan corporation, and 

MICHAEL J. WILT, an individual,

Defendants.

___________________________________/

ORDER OF PARTIAL DISMISSAL

On February 20, 2009, Plaintiffs filed their complaint, which alleges violations of the

Employee Retirement Income Security Act of 1974 (“ERISA”) and the Michigan Builders Trust

Fund Act, M.C.L. § 570.151 et seq. Although Plaintiffs’ ERISA claim is cognizable in this court

pursuant to 28 U.S.C. § 1331, Plaintiffs’ Michigan Builders Trust Fund Act claim arises under

state law. Pursuant to 28 U.S.C. § 1367(c), a district court may decline to exercise supplemental

jurisdiction over state law claims raised in federal question cases. See United Mine Workers v.

Gibbs, 383 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994). 

This court declines to exercise supplemental jurisdiction over Plaintiffs’ state law claim to avoid

jury confusion.

5:09-cv-10636-JCO-MJH Doc # 4 Filed 02/27/09 Pg 1 of 2 Pg ID 18
2

 Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ Michigan Builders Trust

Fund Act claim is DISMISSED.

s/John Corbett O’Meara

United States District Judge

Date: February 27, 2009

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

this date, February 27, 2009, by electronic and/or ordinary mail.

s/William Barkholz

Case Manager

5:09-cv-10636-JCO-MJH Doc # 4 Filed 02/27/09 Pg 2 of 2 Pg ID 19
<PAGE>

                                                                  Exhibit 28.1


                      CHASE MANHATTAN RV OWNER TRUST 1997-A
                          ANNUAL OFFICER'S CERTIFICATE

                            COMPLIANCE WITH AGREEMENT

      The undersigned certifies that he is a Vice President of The CIT
Group/Sales Financing, Inc., a corporation organized under the laws of Delaware
("CITSF"), and that as such he is duly authorized to execute and deliver this
certificate on behalf of CITSF in connection with Section 4.9(a) of the Sale and
Servicing Agreement, dated as of October 1, 1997 (the "Agreement"), among CITSF,
as Servicer, Chase Manhattan Bank USA, National Association and The Chase
Manhattan Bank, as Sellers, and Chase Manhattan RV Owner Trust 1997-A, as
Issuer, for which Wilmington Trust Company acts as Owner Trustee (all
capitalized terms used herein without definition having the respective meanings
specified in the Agreement). The undersigned further certifies that a review of
the activities of CITSF during the preceding calendar year and of its
performance under the Agreement has been made under his supervision and to the
best of his knowledge, based on such review, CITSF has fulfilled all its
obligations under the Agreement throughout the preceding calendar year.

      IN WITNESS WHEREOF, I have affixed hereto my signature this 10th day of
March 2000.

                                          THE CIT GROUP/SALES
                                          FINANCING, INC., as Servicer



                                          /s/ Frank Garcia
                                          -------------------------
                                          Name:  Frank Garcia
                                          Title: Vice President
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case Number 09-20020-BC

v. Honorable Thomas L. Ludington

WILLIAM ELMER RICE,

Defendant.

______________________________________ /

ORDER APPROVING STIPULATION TO ADJOURN SENTENCING

For the reasons stated in the stipulation to adjourn sentencing [Dkt. # 41], it is ORDERED

that the sentencing of Defendant William Elmer Rice scheduled for February 22, 2010 will be

adjourned until April 12, 2010 at 2:30 p.m. Further delay, whether the request comes from the

defendant or the government, will not be permitted unless the motion or stipulation is accompanied

by a detailed medical report and a brief explaining the specific reasons why Defendant’s medical

condition merits further delay in sentencing. 

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: February 19, 2010

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on February 19, 2010.

s/Tracy A. Jacobs 

TRACY A. JACOBS
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

OLIVER MATHES, III,

Plaintiff,

v.

DAVID GORCYCA, et al,

Defendants.

/

CASE NO. 09-10582

HONORABLE AVERN COHN

ORDER DISMISSING COUNT III OF THE COMPLAINT

The Court declines to entertain pendent jurisdiction as to the Elliot-Larsen Civil

Rights Act claim in the complaint. Accordingly, Count III of the complaint is DISMISSED.

SO ORDERED.

Dated: April 23, 2009 s/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to the attorneys of

record on this date, April 23, 2009, by electronic and/or ordinary mail.

 s/Julie Owens 

Case Manager, (313) 234-5160

2:09-cv-10582-AC-DAS Doc # 10 Filed 04/23/09 Pg 1 of 1 Pg ID 35
**Exhibit 32**

 

**CERTIFICATION PURSUANT TO**

**18U.S.C. SECTION 1350**

 

In connection with the Quarterly Report of KKR FinancialHoldings LLC (the “Company”) on Form 10-Q/A for the period ending September 30, 2008 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), SaturninoS. Fanlo, Chief Executive Officer of the Company, and Jeffrey B. Van Horn,Chief Financial Officer of the Company, each certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

 

(1)           TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 

November 18, 2008
|     | /s/ SATURNINO S. FANLO                          |
|----------|-------------------------------------------------|
|     |                                            |
|     | Saturnino S. Fanlo                              |
|     | *Chief Executive Officer*                       |
|     | *(Principal Executive Officer)*                 |
|     | * *                                        |
| * * | */s/*JEFFREY B. VAN  HORN                       |
| * * | * *                                        |
|     | Jeffrey B. Van Horn                             |
|     | *Chief Financial Officer*                       |
|     | *(Principal Financial and Accounting  Officer)* |

 

----
[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Notices]
[Page 33165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16327]



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

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration


Efficiency, Quality and Effectiveness of Existing Civil Rights 
Programs; Roundtable Discussions

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of public meetings and notice of an additional meeting 
date.

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

SUMMARY: On May 3, 1996 (61 FR 19973), the FHWA announced a series of 
roundtable conferences to obtain information on issues relating to the 
efficiency, quality, and effectiveness of existing civil rights 
programs. The final conference will be held in Lakewood, Colorado, on 
July 17, 1996, as announced in the Federal Register notice of May 17, 
1996 (61 FR 2501), and one additional roundtable conference in 
Washington, D.C., has been added at the location indicated below.
    The agenda for the Washington, D.C., roundtable conference will 
include the topics of supportive services, contractor equal opportunity 
(EEO) programs, and the on-the-job training (OJT) program. The 
Disadvantaged Business Enterprise (DBE) Program is currently being 
addressed by a separate interagency workgroup. Therefore, the DBE 
program will not be discussed at this roundtable (except as it relates 
to supportive services).
    Although the roundtable conference will be open to the public, 
space will be limited; therefore, the FHWA requests that persons 
interested in attending the conference preregister by contacting the 
CONTACT PERSON listed below at least three days prior to the meeting.
DATES: The Washington, D.C., roundtable conference will be held from 8 
a.m. until 12:30 p.m. on Tuesday, July 9, 1996, at the following 
location: U.S. Department of Transportation Headquarters, Nassif 
Building, Conference Room 4200, 400 Seventh Street, SW, Washington, 
D.C. 20590, contact person: Ralph Craft, ph. (202) 366-0324. Please 
enter through the entrance at the Southwest corner of the building.

FOR FURTHER INFORMATION CONTACT: Ms. Linda J. Brown, Chief, Policy and 
Program Development Division, Office of Civil Rights, Telephone: (202) 
366-0471; FAX: (202) 366-1599. Federal Highway Administration, 400 
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 
p.m. to 4:15 p.m., e.t., Monday through Friday except federal holidays.

(Authority: 23 U.S.C. 315; 49 CFR 1.48)

    Issued on: June 21, 1996.
Linda J. Brown,
Chief, Policy and Program Development Division, Office of Civil Rights.
[FR Doc. 96-16327 Filed 6-25-96; 8:45 am]
BILLING CODE 4910-22-P
UNITED STATES DISTRICT COURT 

 EASTERN DISTRICT OF MICHIGAN 

 SOUTHERN DIVISION 

JENNIFER LAKE, as Personal Representative 

of the Estate of BENJAMIN PELCH, JR., 

Deceased, 

Plaintiff, 

-vHEARTLAND - BRIARWOOD MI, LLC. d/b/a 

HEARTLAND HEALTH CARE CENTER - 

BRIARWOOD, and as Successor Corporation 

to HEARTLAND HEALTH CARE CENTER - 

BRIARWOOD, and/or EAST MICHIGAN CARE 

CORPORATION and/or MANOR CARE, INC., 

Defendants. 

 Case No. 08-14669-CK 

 Hon. Sean Cox 

TED M. KOZERSKI (P368894) 

SCOTT L. FEUER (P38185) 

FEUER & KOZERSKI, PC 

Attorney for Plaintiff 

251 Merrill St., Ste. 203 

Birmingham, MI 48009 

(248) 723-7828, Ext. 201 

WILLIAM D. CHAKLOS (P33180) 

DAVID C. WIEGEL (P57277) 

Attorneys for Defendants 

One Woodward Ave., Ste 2400 

Detroit, MI 48226-5845 

(313) 965-7925(7415) 

ORDER FOR AUTHORITY TO 

DISTRIBUTE SETTLEMENT PROCEEDS

At a session of said court held in the United States 

District Court, Eastern District of Michigan 

On May 21, 2010 

PRESENT: THE HONORABLE Sean F. Cox 

 U.S. District Court Judge 

 The Court having read the Petition and Stipulation and Agreement of the parties to 

distribute the settlement proceeds, and for good cause appearing, 

 IT IS HEREBY ORDERED that distribution of the settlement proceeds in the above 

matter shall be made as follows: 

 To Ilene Pelch -- $55,461.24 

Case 2:08-cv-14669-SFC-MJH ECF No. 35 filed 05/21/10 PageID.297 Page 1 of 2
 IT IS FURTHER ORDERED that Jennifer Lake has voluntarily waived any share of the 

proceedings from distribution of the settlement proceeds. 

 IT IS FURTHER ORDERED that Pamela Savage has voluntarily waived any share of the 

proceedings from distribution of the settlement proceeds. 

 T IS FURTHER ORDERED that Benjamin Pelch, III has voluntarily waived any share of 

the proceedings from distribution of the settlement proceeds. 

 IT IS FURTHER ORDERED that Kenneth Pelch has voluntarily waived any share of the 

proceedings from distribution of the settlement proceeds. 

Dated: May 21, 2010 s/ Sean F. Cox 

 Sean F. Cox 

 U. S. District Judge 

Case 2:08-cv-14669-SFC-MJH ECF No. 35 filed 05/21/10 PageID.298 Page 2 of 2
I

104TH CONGRESS

2D SESSION H. R. 3661

To provide that a manufactured home may be protected during a flood

event without affecting eligibility of a community for participation in

the national flood insurance program.

IN THE HOUSE OF REPRESENTATIVES

JUNE 17, 1996

Mr. NEY introduced the following bill; which was referred to the Committee

on Banking and Financial Services

A BILL

To provide that a manufactured home may be protected

during a flood event without affecting eligibility of a

community for participation in the national flood insurance program.

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 ‘‘National Flood Insur5 ance Program Eligibility Correction Act’’.
2

•HR 3661 IH

1 SEC. 2. ELIGIBILITY FOR PARTICIPATION IN FEDERAL

2 FLOOD INSURANCE PROGRAM.

3 The placement of any manufactured or mobile home

4 on any site shall not affect the eligibility of any community

5 to participate in the Federal flood insurance program

6 under the National Flood Insurance Act of 1968 and the

7 Flood Disaster Protection Act of 1973 (notwithstanding

8 that such placement may fail to comply with any elevation

9 or flood damage mitigation requirements), if—

10 (1) such manufactured or mobile home was pre11 viously located on such site;

12 (2) such manufactured or mobile home was re13 located from such site because of flooding that

14 threatened or affected such site; and

15 (3) such replacement is conducted not later

16 than the expiration of the 180-day period that be17 gins upon the subsidence (in the area of such site)

18 of the body of water that flooded to a level consid19 ered lower than flood levels.

Æ
#### STATE of Missouri, Respondent, v. Randy MILES, Appellant.

No. WD 52565.

Missouri Court of Appeals, Western District.

Dec. 10, 1996.

Judith C. LaRose, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jacqueline K. Hamra, Breck K. Burgess, Asst. Attys. Gen., Jefferson City, for respondent.

Before ULRICH, C.J., P.J., and BRECKENRIDGE and HANNA, JJ.

ORDER

PER CURIAM.

The defendant appeals from his conviction by. a jury of the class C felony of possession of a controlled substance in a correctional institute, § 217.860.1(1), RSMo 1994, and his sentence as a persistent offender, §§ 558.016, 557.036.4, RSMo 1994. Affirmed. Rule 30.25(b).
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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

 

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and accompanies the quarterly report on Form 10-Q (the “Form 10-Q”) for the quarter ended March 31, 2010 of Manhattan Bancorp (the “Company”).

 

I, Deepak Kumar, President and Chief Executive Officer of the Company, certify that, to the best of my knowledge:

 

1.                            The Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and

 

2.                            The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the periods presented in the financial statements included in such reports.

 

Dated:  May 13, 2010

 

 
|   | /s/  Deepak Kumar                      |
|--------|----------------------------------------|
|   | Deepak  Kumar                          |
|   | President  and Chief Executive Officer |

 

----
[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Pages 34443-34444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16756]


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

[[Page 34444]]


DEPARTMENT OF THE INTERIOR
[CA-066-06-1610-00]


Proposed South Coast Resource Management Plan Amendment, 
Riverside County

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the Bureau of Land Management 
(BLM) will prepare an environmental assessment addressing a proposed 
amendment to the South Coast Resource Management Plan affecting public 
lands within Riverside County. Under the proposed plan amendment, 
parcels previously available only for exchanges to acquire land in the 
Potrero Area of Critical Environmental Concern (ACEC) could also be 
used to acquire habitat for the Stephens' Kangaroo Rat, consistent with 
the Habitat Conservation Plan for the Stephens' Kangaroo Rat. Lands 
that are acquired under these exchanges would be managed in accordance 
with the Habitat Conservation Plan, and the plan amendment would also 
address such management issues as designation of a habitat management 
area, right of way avoidance area and mineral entry conflicts.

DATES: Citizens are requested to help identify significant issues 
related to the proposed plan amendment. Written comments must be 
submitted no later than August 1, 1996, to: Ms. Julia Dougan, Area 
Manager, Bureau of Land Management Palm Springs--South Coast Resource 
Area, P.O. Box 2000, North Palm Springs, CA 92258-2000. Anyone 
submitting comments will receive a copy of the proposed plan amendment 
and environmental assessment when available.

FOR FURTHER INFORMATION CONTACT: Ms. Elena Misquez, Bureau of Land 
Management Palm Springs--South Coast Resource Area, P.O. Box 2000, 
North Palm Springs, CA 92258-2000; telephone (619) 251-4826.

SUPPLEMENTARY INFORMATION: The South Coast Resource Management Plan 
designated 4,957 acres of federal land as available only for exchanges 
to acquire land at the Potrero ACEC. Subsequently, in 1996, the Habitat 
Conservation Plan for the Stephens' Kangaroo Rat established a regional 
system of seven core reserves, but did not include the Potrero ACEC as 
a core reserve. The proposed plan amendment would give BLM the 
flexibility to exchange federal lands to acquire lands in and around 
the seven core reserves, while retaining the option of acquiring lands 
in the Potrero ACEC. Once the acquisition objectives of the Habitat 
Conservation Plan for the Stephens' Kangaroo Rat have been met, the 
federal lands would be available for exchanges to meet Resource 
Condition Objectives in the South Coast Resource Management Plan. (40 
Code of Federal Regulations (CFR) 1501.7 and 43 CFR 1610.2).
Julia Dougan,
Area Manager.
[FR Doc. 96-16756 Filed 7-1-96; 8:45 am]
BILLING CODE 4310-40-P
UNTIED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

HON.PATRICK J.DUGGAN

CIVIL NO.08-14793

COLMAR USA, INC.,

Plaintiff(s),

-vROBERT SOMMA,

 Defendant(s).

 /

ORDER OF DISMISSAL

At a session of said Court, held in the

 United States Courthouse, in the City of

 Detroit, State of Michigan on February 3, 2011.

 

PRESENT: THE HONORABLE PATRICK J. DUGGAN

 UNITED STATES DISTRICT JUDGE

Due notice of a Request for Status or otherwise show cuase why the above case

should not be dismissed for lack of progress pursuant to Local Rule 41.2 has been sent to

counsel of record. The Court has received no response; therefore

IT IS HEREBY ORDERED that the above-entitled action be, and hereby is

DISMISSED.

s/Patrick J. Duggan 

Patrick J. Duggan

United States District Judge

Dated: February 3, 2011

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

on February 3, 2011, by electronic and/or ordinary mail.

s/Marilyn Orem 

Case Manager

2:08-cv-14793-PJD-MJH Doc # 31 Filed 02/03/11 Pg 1 of 1 Pg ID 174