alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the Macromolecular Structure and Function B Study Section, October 6, 2008, 8 a.m. to October 7, 2008, 6 p.m., Melrose Hotel, 2430 Pennsylvania Avenue, NW., Washington, DC, 20037 which was published in the                     **Federal Register**                     on August 21, 2008, 73 FR 49465-49467.                

The meeting will be held one day only October 6, 2008. The meeting time and location remain the same. The meeting is closed to the public.

Dated: August 27, 2008.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E8-20434 Filed 9-3-08; 8:45 am]

BILLING CODE 4140-01-M
different from those raised in his previous petition. 2 See NRS 

34.810(1)(b)(2); NRS 34.810(2). Appellant's petition was procedurally 

barred absent a demonstration of good cause and actual prejudice. See 

NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3). 

Appellant claimed that failure to raise certain claims in his 

previous petition was caused by ineffective assistance of his trial and 

appellate counsel. Appellant's claim lacks merit as a procedurally barred 

claim of ineffective assistance of counsel cannot constitute cause for 

additional claims of ineffective assistance of counsel. See Hathaway v. 

State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003). Moreover, appellant 

failed to explain why he could not have raised his current claims of 

ineffective assistance of trial and appellate counsel in his first petition. 

See id. at 253, 71 P.3d at 506. 

Next, appellant claimed that failure to consider his claims on 

the merits would be a fundamental miscarriage of justice. In order to 

demonstrate a fundamental miscarriage of justice, a petitioner must make 

a colorable showing of actual innocence—factual innocence, not legal 

innocence. Pellegrini v. State, 117 Nev. 860, 887, 34 P.3d 519, 537 (2001); 

Calderon v. Thompson, 523 U.S. 538, 559 (1998). Appellant did not 

demonstrate actual innocence because he failed to show that "it is more 

likely than not that no reasonable juror would have convicted him in light 

of. . . new evidence." Calderon, 523 U.S. at 559 (quoting Schlup v. Delo, 

2Martin v. State, Docket No. 58437 (Order of Affirmance, October 5, 

2011). 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A 

2 
J. 

J. 

Cherry 

,tilfv4Att 

513 U.S. 298, 327 (1995)); see also Pellegrini, 117 Nev. at 887, 34 P.3d at 

537; Mazzan v. Warden, 112 Nev. 838, 842, 921 P.2d 920, 922 (1996). We 

therefore conclude that the district court did not err in denying appellant's 

petition as procedurally barred. Accordingly, we 

ORDER the judgment of the district court AFFIRMED. 

Hardesty 

Parraguirre 

cc: Hon. Michelle Leavitt, District Judge 

Donald Dee Martin 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A 

3
I 

117TH CONGRESS 

2D SESSION H. R. 6793 

To amend title 28, United States Code, to include a Federal Public or 

Community Defender as a nonvoting member of the United States Sentencing Commission, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 2022 

Mr. SCOTT of Virginia introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to include a Federal 

Public or Community Defender as a nonvoting member 

of the United States Sentencing Commission, and for 

other purposes. 

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

3 SECTION 1. FEDERAL DEFENDER AS A NONVOTING MEM4 BER OF THE UNITED STATES SENTENCING 

5 COMMISSION. 

6 (a) IN GENERAL.—Section 991(a) of title 28, United 

7 States Code, is amended— 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 6793 IH

1 (1) in the first sentence, by striking ‘‘one non2 voting member.’’ and inserting ‘‘2 nonvoting mem3 bers.’’; and 

4 (2) in the fifth sentence, by striking ‘‘shall be 

5 an ex officio, nonvoting member’’ and inserting ‘‘and 

6 a Federal Public or Community Defender designated 

7 by the Defender Services Advisory Group, shall be 

8 ex officio, nonvoting members of the Commission.’’. 

9 (b) CONFORMING AMENDMENT.—Section 235(b)(5) 

10 of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 

11 note) is amended, in the last sentence, by striking ‘‘nine 

12 members, including two ex officio, nonvoting members’’ 

13 and inserting ‘‘10 members, including 3 ex officio, non14 voting members.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
**EXHIBIT32.2**

 

**THE PENN TRAFFIC COMPANY**

 

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Inconnection with the Quarterly Report of The Penn Traffic Company (the“Company”) on Form 10-Q for the fiscal period ending November 3,2007, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Tod A. Nestor, Senior Vice President Chief Financial Officerof the Company, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

# (1)     The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

#  

# (2)     The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/  Tod A. Nestor                                 |   |
|----------------------------------------------------|--------|
| Tod  A. Nestor                                     |
| Senior  Vice President and Chief Financial Officer |

 

May 22,2008

 

----
* 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 June 20, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-20142 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus SANTIAGO BARAJAS-MADRIGAL, also known as Santiago Barrajas, also known as Santiago Madrigal Barajas, also known as Santiago M. Barajas, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 4:04-CR-341-ALL

-------------------- Before STEWART, DENNIS, and OWEN, Circuit Judges. PER CURIAM: * Santiago Barajas-Madrigal (Barajas) pleaded guilty to illegal reentry after deportation and was sentenced to 30 months of imprisonment, three years of supervised release, and a $100 special assessment. Barajas argues for the first time on appeal that the district court erred in ordering him to cooperate in the collection of a DNA sample as a condition of supervised releaseNo. 05-20142 -2- and that this condition should therefore be vacated. This claim is dismissed for lack of jurisdiction because it is not ripe for review. See United States v. Riascos-Cuenu , 428 F.3d 1100, 1101-02 (5th Cir. 2005), petition for cert. filed (Jan. 9, 2006) (No. 05-8662). Barajas’s constitutional challenge to 8 U.S.C. § 1326(b) is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although Barajas contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey , 530 U.S. 466 (2000), we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). Barajas properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review. JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.
#### The People of the State of New York, Respondent, v Larry Zinger, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gallagher, J.), rendered August 10, 1988, convicting him of attempted criminal possession of stolen property in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). Thompson, J. P., Brown, Rubin, Balletta and Miller, JJ., concur.
#### Mary A. Marrazzo, Respondent, v Virginia Piccolo, as Administratrix of the Estate of Frank L. Piccolo, Deceased, Appellant.

In an action, *inter alia,*to declare a deed to certain real property to be a mortgage, the defendant appeals from a judgment of the Supreme Court, Westchester County (Palella, J.), entered March 27, 1989, which dismissed that portion of her counterclaim which was based upon a promissory note for the principal sum of $150,000.

Ordered that the judgment is affirmed, with costs.

The defendant’s counterclaim is based upon two promissory notes in the amounts of $150,000 and $20,000, respectively. The defendant has failed to produce both original notes although the plaintiff concedes that the promissory note for $20,000 represents a valid debt *(see, Marrazzo v Piccolo,*130 AD2d 463).

Notwithstanding her failure to produce the original promissory notes, the defendant could still recover pursuant to UCC 3-804, which deals with lost, destroyed or stolen instruments and requires the requesting party to prove ownership of the notes, the circumstances of the loss and their terms *(see,*UCC 3-804; *see also, Kraft v Sommer,*54 AD2d 598; *see generally,*3 Anderson, Uniform Commercial Code, § 3-804). The trial court properly found that the defendant failed to sustain her burden pursuant to UCC 3-804 *(see, Felt v Olson,*51 NY2d 977).

We also agree with the court’s finding that no evidence was adduced at trial regarding the consideration for the $150,000 note *(see,*UCC 3-408), and note that the affirmative defense of lack of consideration was properly pleaded by the plaintiff *(see,*CPLR 3018 [b]). Brown, J. P., Lawrence, Hooper and O’Brien, JJ., concur.
**Exhibit 32**

 

**CERTIFICATION PURSUANT TO**

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

**AS ADOPTED PURSUANT BY**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Penn-Pacific Corp., on Form 10-QSB for the quarter ending June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the *"Report"*), the undersigned, Rose Fischer, Chief Executive Officer and Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief: 

 

|   | 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 result of operations of the Company. |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

Date: June 4, 2007

 

 

/s/ Rose Fischer

Rose Fischer

President

(Principal Executive & Accounting Officer)

 

A signed original of this written statement required by 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 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.
[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Notices]
[Page 6709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2056]



[[Page 6709]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF42


Marine Mammals; File No. 1021-1658

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice; issuance of permit amendment.

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

SUMMARY:  Notice is hereby given that Jenifer A. Zeligs-Hurley, Ph.D., 
Moss Landing Marine Laboratories, 8272 Moss Landing Road, Moss Landing, 
CA 95039, has been issued a minor amendment to Scientific Research 
Permit No. 1021-1568, for research on California sea lions (Zalophus 
californianus) and Pacific harbor seals (Phoca vitulina richardsi) 
maintained at the Moss Landing Marine Laboratories.

ADDRESSES:  The amendment and related documents are available for 
review upon written request or by appointment in the following 
office(s):Permits, Conservation and Education Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver 
Spring, MD 20910; phone (301)713-2289; fax (301)427-2521.

FOR FURTHER INFORMATION CONTACT:  Amy Sloan or Tammy Adams, (301)713-
2289.

SUPPLEMENTARY INFORMATION: The original permit was issued on March 14, 
2003 (67 FR 53780), with an expiration date of March 31, 2008. The 
original permit authorized Dr. Zeligs-Hurley to conduct physiological 
and veterinary medical studies on California sea lions and harbor seals 
maintained at Moss Landing Marine Laboratories.
    The requested amendment has been granted under the authority of the 
Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et 
seq.), and the regulations governing the taking and importing of marine 
mammals (50 CFR part 216). The amendment extends the duration of the 
permit by 12 months beyond that established in the original permit. The 
amendment also allows studies with captive California sea lions to 
evaluate whether a mild underwater electric field can deter them from 
an area when food is present. No other terms or conditions of the 
permit were changed.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), a final determination has been made that the 
activity proposed is categorically excluded from the requirement to 
prepare an environmental assessment or environmental impact statement.

    Dated: January 28, 2008.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E8-2056 Filed 2-4-08; 8:45 am]
BILLING CODE 3510-22-S
Exhibit 32

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 furnished pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and accompanies this annual report on Form 10-K (the Form 10-K) for the year ended
December 31, 2006 of Affinion Group, Inc. (the Issuer).

In connection with the Form 10-K, each of the
undersigned, Nathaniel J. Lipman, Chief Executive Officer of the Issuer, and Thomas A. Williams, Chief Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, that to the best of their knowledge:



| | (i) | the Form 10-K 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
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Issuer as of the dates and for the
periods indicated in the Form 10-K.
| | ---- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |  |  |                        
|----------------------- |  |  |  | -----------------------
|/s/ Nathaniel J. Lipman |  |  |  | /s/ Thomas A. Williams 
|Nathaniel J. Lipman     |  |  |  | Thomas A. Williams     
|Chief Executive Officer |  |  |  | Chief Financial Officer
|March 22, 2007          |  |  |  | March 22, 2007
EX-35 (e)
(logo) LLS Litton Loan Servicing

4828 Loop Central Drive
Houston TX 77081
Telephone 713-966-8966
Fax 713-218-4595
www.littonloan.com



SERVICER COMPLIANCE STATEMENT

GSAMP 2006-HE3

The undersigned officer of Litton Loan Servicing LP provides the Annual
Statement as to Compliance as required by the Pooling and Servicing Agreement
for the above referenced security and certifies that (i) a review of the
activities of the Servicer during such preceding calendar year (or such shorter
period in the case of the first such report) and of performance under this
Agreement has been made under my supervision, and (ii) to the best of my
knowledge, based on such review, the Servicer has fulfilled all its obligations
under this Agreement in all material respects for 2006, except as disclosed
below:

Reconciliations for Asset-Backed Securities Related Bank Account -
1122(d)(2)(vii)(D)

Our investor bank account reconciliations included certain reconciling
items that were not resolved within 90 calendar days of their original
identification on eleven of sixty-three investor bank account
reconciliations selected for testing. The sum of the reconciling items for
those eleven reconciliations was $216,950.

Adjustments to Interest Rates for Pool Assets With Variable Rates -
1122(d)(4)(ix)

Our testing of sixty-five adjustable rate mortgages revealed two instances
where certain adjustable rate mortgages for which the interest rate reset
in the servicing system did not agree to interest rates in the appropriate
source index per the borrower's note documents. These were the result of
incorrect information transferring from the prior servicer. Additionally,
the same sixty-five mortgages selected for testing included one instance
where the adjustable rate mortgage payment change date in the servicing
system did not agree to the loan documents.


Date: February 27, 2007



/s/ Elizabeth Folk
Elizabeth Folk
Senior Vice President and
Chief Financial Officer
Litton Loan Servicing LP
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

CHARLES TALBERT,

Petitioner

v.

PENNSYLVANIA DEPARTMENT OF 

CORRECTIONS; CENTURION; GINA 

HARRISON, CRNP; WELLPATH MEDICAL; 

SCOTT PRINCE; DEVON WOLFOLK; 

LORETTA DEBOER,

Respondents

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 237 MAL 2022

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 1st day of November, 2022, the Petition for Allowance of Appeal

is DENIED.
EXHIBIT 35.3
                  SERVICER COMPLIANCE STATEMENT (ITEM 1123)
                           HOMECOMINGS FINANCIAL, LLC
              RAMP SERIES 2006-RS3 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized  officer of Homecomings  Financial,  LLC, as
servicer (the "Servicer") pursuant to the applicable  servicing agreement,  does
hereby certify that:

1.   A review of the  Servicer's  activities  during the  period  covered by the
     Issuing  Entity's  report  on Form 10-K and of the  Servicer's  performance
     under  the   applicable   servicing   agreement  has  been  made  under  my
     supervision.

2.   To the  best of my  knowledge,  based  on such  review,  the  Servicer  has
     fulfilled all of its obligations under the applicable  servicing  agreement
     in all material respects throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 26th
day of March 2007.

By:  /s/ Anthony N. Renzi
     -------------------------
    Name: Anthony N. Renzi
    Title: Managing Director
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          73,474
<SECURITIES>                                       532
<RECEIVABLES>                                   14,883
<ALLOWANCES>                                       353
<INVENTORY>                                      3,775
<CURRENT-ASSETS>                                 6,447
<PP&E>                                         672,739
<DEPRECIATION>                                  48,813
<TOTAL-ASSETS>                                 766,006
<CURRENT-LIABILITIES>                           51,884
<BONDS>                                        289,680
<PREFERRED-MANDATORY>                              397
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     405,741
<TOTAL-LIABILITY-AND-EQUITY>                   766,006
<SALES>                                              0
<TOTAL-REVENUES>                               197,353
<CGS>                                                0
<TOTAL-COSTS>                                  150,295
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                    88
<INTEREST-EXPENSE>                              16,829
<INCOME-PRETAX>                                 38,416
<INCOME-TAX>                                    15,366
<INCOME-CONTINUING>                             23,050
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    183
<CHANGES>                                            0
<NET-INCOME>                                    23,233
<EPS-PRIMARY>                                      .67
<EPS-DILUTED>                                      .62
        

</TABLE>
1)
    
    The Quarterly Report on Form 10-Q of Preformed Line Products Company for
the period ended June 30, 2010 which this certification accompanies 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 Preformed Line
Products Company.
 August 5, 2010
    /s/ Robert G. RuhlmanRobert G. RuhlmanChairman, President and Chief Executive Officer
(Principal Executive Officer)