alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Notices]
[Page 49646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19555]


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

DEPARTMENT OF COMMERCE

International Trade Administration

(A-533-847, A-570-934)


1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the Republic of 
India and the People's Republic of China: Postponement of Preliminary 
Determinations of Antidumping Duty Investigations

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: August 22, 2008.

FOR FURTHER INFORMATION CONTACT: Brian C. Smith (India) or Maisha Cryor 
(People's Republic of China), AD/CVD Operations, Offices 2 and 4, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-5831, 
respectively.

SUPPLEMENTARY INFORMATION:

Postponement of Preliminary Determinations

    On April 8, 2008, the Department of Commerce (the Department) 
initiated the antidumping investigations on 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the Republic of India and the People's Republic 
of China. See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the 
Republic of India and the People's Republic of China: Initiation of 
Antidumping Duty Investigations, 73 FR 20023 (April 14, 2008). The 
notice of initiation stated that the Department would issue the 
preliminary determinations for these investigations no later than 140 
days after the date of issuance of the initiation, in accordance with 
section 773(b)(1)(A) of the Tariff Act of 1930, as amended (the Act).
    On July 30, 2008, the petitioner, Compass Chemical International 
LLC, made a request pursuant to 19 CFR 351.205(b)(2) and (e) for a 50-
day postponement of the preliminary determinations. The petitioner 
requested postponement of the preliminary determinations in order to 
allow more time to analyze and comment on the respondents' 
questionnaire responses.
    For the reasons identified by the petitioner and because there are 
no compelling reasons to deny the request, the Department is postponing 
the deadline for the preliminary determinations under section 
773(c)(1)(A) of the Act by 50 days from the current deadline of August 
26, 2008, to October 15, 2008. The deadline for the final 
determinations will continue to be 75 days after the date of the 
preliminary determinations, unless extended.
    This notice is issued and published pursuant to sections 733(c)(2) 
of the Act and 19 CFR 351.205 (f)(1).

    Dated: August 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-19555 Filed 8-21-08; 8:45 am]
BILLING CODE 3510-DS-S
#### The People of the State of New York, Respondent, v Tyrone Johnson, Appellant.

Judgment of the Supreme Court, New York County (George Roberts, J.), rendered February 27, 1989, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree and sentencing defendant to an indeterminate term of imprisonment of from 3 to 6 years, unanimously affirmed.

*36We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction”, we perceive no abuse of discretion warranting a reduction in sentence *(People v Farrar,*52 NY2d 302, 305).

Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms” *(People v Felman,*141 AD2d 889, 890, *lv denied*72 NY2d 918). Concur—Ross, J. P., Carro, Kassal, Ellerin and Rubin, JJ.
1 The HONORABLE ROBERT W. PRATT, United States District Judge for the Southern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 02-1637

___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Southern District of Iowa. * Kenneth J. Frowner, also known as * [UNPUBLISHED] Ken Dog, * * Appellant. *

___________ Submitted: August 7, 2002 Filed: August 23, 2002

___________ Before BOWMAN, LOKEN, and MURPHY, Circuit Judges.

___________ PER CURIAM. Kenneth Frowner pleaded guilty to armed bank robbery, in violation of 18 U.S.C. §§ 2 and 2113(a) and (d). In accordance with Frowner’s plea agreement, the district court 1 sentenced him to 160 months imprisonment and 5 years supervised release. The court also ordered him to pay $145,632.16 in restitution. On appeal, counsel has moved to withdraw and filed a brief under Anders v. California , 386 U.S. 738 (1967), arguing that the district court erred in finding that Frowner was a career-2- offender. In his pro se supplemental brief, Frowner argues that the career-offender enhancement violated Apprendi v. New Jersey , 530 U.S. 466 (2000), and that the district court plainly erred in not addressing each of his objections to the presentence report (PSR). The district court did not err in imposing the 160-month sentence to which Frowner had agreed. See United States v. Nguyen , 46 F.3d 781, 783 (8th Cir. 1995). Moreover, (1) Frowner did not object to the paragraphs of the PSR describing the prior robbery and drug offenses that made the career-offender enhancement applicable, see U.S.S.G. §§ 4B1.1, 4B1.2 comment. (n.1); United States v. Montanye , 996 F.2d 190, 192-93 (8th Cir. 1993) (en banc); (2) Apprendi does not apply because Frowner was sentenced to less than the statutory maximum of 25 years, see18 U.S.C. § 2113(d); United States v. Miller , Nos. 01-1861, 01-2525, 2002 WL 1448330, at *2 (8th Cir. Jul. 8, 2002); and (3) any failure of the district court to address each of Frowner’s objections was harmless, see Fed. R. Crim. P. 52(a). Following our independent review, see Penson v. Ohio , 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF

THE UNITED STATES CODE

In connection with the Quarterly Report of Rewards Network Inc. (the Company) on Form 10-Q for the quarterly period ended June 30, 2006,
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ronald L. Blake, 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 (15 U.S.C. 78m or 78o(d)); and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------



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

August 8, 2006



|                                                     
|-----------------------------------------------------
|/s/ RONALD L. BLAKE                                  
|Ronald L. Blake President and Chief Executive Officer
|
#### Woodlaurel, Inc., Respondent, v Robert Wittman et al., Appellants.

In a summary proceeding to recover for alleged rent arrears, the tenant appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated January 25, 1988, which affirmed an amended order and judgment of the District Court of the County of Nassau, First District (LaPera, J.), entered January 28, 1987, which denied his motion to vacate a *384judgment of the same court, entered July 5, 1978, upon his default in appearing.

Ordered that the order is affirmed, with costs.

The record amply supports the finding of the District Court that the tenant’s default was not excusable and that there was undue delay in moving for vacatur of the default *(see,*CPLR 5015 [a] [1]).

On the instant appeal, the tenant argues that the petition was defective in that it was improperly brought in the name of the landlord’s agent, i.e., the landlord’s attorney, rather than in the landlord’s name, in violation of RPAPL 721. There is ample authority in support of this argument *(see, Sollar v Bloom,*91 Misc 2d 884; *Zisser v Bronx Cigar Corp.,*91 Misc 2d 1025; *1550 Broadway Assocs. v El-Pine Drinks,*96 Misc 2d 707; *Cook v Escobar,*134 Misc 2d 1091; *Gamliali v Tower of David,*94 Misc 2d 763; *Oppenheim v Spike,*107 Misc 2d 55; *see also, Isacsen v Williams,*NYLJ, Aug. 23, 1984, at 13, col 2; *White Plains Hous. Auth. v Wood,*NYLJ, Nov. 23, 1988, at 26, col 1; *but see, Rhodes v Shankle,*137 Misc 2d 1076). However, the Appellate Term properly concluded, contrary to the tenants’ further argument, that this defect does not implicate subject matter jurisdiction *(see, Sollar v Bloom, supra,*at 884; *1550 Broadway Assocs. v El-Pine Drinks, supra,*at 709; *see also, Baker v Latham Sparrowbush Assocs.,*129 AD2d 667; CPLR 3211 [a] [3]). Accordingly, vacatur of the tenants’ default pursuant to the alternate ground contained in CPLR 5015 (a) (4) is not warranted *(cf., Marine Midland Bank v Bowker,*89 AD2d 194, *affd*59 NY2d 739). Mangano, P. J., Brown, Sullivan and Balletta, JJ., concur.
**
**Exhibit 34.1**

**REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

Board of Directors 

Mechanics Bank 

Walnut Creek, California 

We have examined management’s assertion, included inthe accompanying Management’s Report on Assessment of Compliance with SEC Regulation AB Servicing Criteria, that Mechanics Bank (the “Bank”) complied with the servicing criteria set forth in Item 1122(d) of the Securities and ExchangeCommission’s Regulation AB, as of and for the year ended December 31, 2021 (the “Reporting Period”) for the asset-backed securities transactions for which the Bank acts as servicer of automotive retail installment sales contractsincluded in private and public securitizations sponsored by the Bank (the “Platform”), except for servicing criteria 1122(d)(2)(iv), 1122(d)(2)(vi), 1122(d)(3)(ii)-(iv), 1122(d)(4)(ix)-(xiii) and 1122(d)(4)(xv), for which the Bank hasdetermined are not applicable to the activities performed with respect to the Platform. Appendix B to management’s report identifies the individual asset-backed transactions and securities defined by management as constituting the Platform.Management is responsible for the Bank’s compliance with the applicable servicing criteria. Our responsibility is to express an opinion on management’s assertion based on our examination. 

Our examination was conducted in accordance with attestation standards of the Public Company Accounting Oversight Board (United States) and, accordingly, includedexamining, on a test basis, evidence about the Bank’s compliance with the applicable servicing criteria and performing such other procedures as we considered necessary in the circumstances. Our examination included testing of selectedasset-backed transactions and securities that comprise the Platform, testing of selected servicing activities related to the Platform, and determining whether the Bank processed those selected transactions and performed those servicing activities incompliance with the applicable servicing criteria. Our procedures were limited to the selected transactions and servicing activities performed by the Bank during the period covered by the report. Our procedures were not designed to detectnoncompliance arising from errors that may have occurred prior to or subsequent to our tests that may have affected the balances or amounts calculated or reported by the Bank during the period covered by this report. We believe that our examinationprovides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Bank’s compliance with the applicable servicing criteria. 

In our opinion, management’s assertion that the Bank complied with the aforementioned applicable servicing criteria as of and for the year ended December 31,2021 for the Platform is fairly stated, in all material respects. 

/s/ Crowe LLP 

Sacramento, California 

March 15, 2022 
**
# National Historically Black Colleges And Universities Week, 2008

Historically Black Colleges and Universities (HBCUs) are helping to extend lifelines of learning throughout our country.  During Historically Black Colleges and Universities Week, we pay tribute to these distinguished institutions.

Our Nation's HBCUs help unlock the great potential within students by providing quality higher education to traditionally underserved communities.  By offering all students an opportunity to develop their skills and talents, HBCUs are helping more Americans realize the promise of our Nation.

My Administration is committed to promoting equal opportunities and access to higher education for all students.  Since 2001, funding for HBCUs and Historically Black Graduate Institutions has increased.  Additionally, the College Cost Reduction and Access Act of 2007 makes college more affordable for low-income students by increasing funding for Federal Pell Grants by more than $11 billion.  The Act also helps HBCUs increase educational opportunities in the critical fields of math, science, technology, and foreign languages.  By educating all of America's students, we are investing in our next generation of leaders and contributing to a more hopeful people and a more prosperous America.

Throughout this week, we renew the call for this country to never rest until equality is real, opportunity is universal, and all citizens can realize their dreams.  We also recognize our country's HBCUs and their important role in making these goals a reality.

                        NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim September 7 through September 13, 2008, as National Historically Black Colleges and Universities Week.  I call upon public officials, educators, librarians, and all the people of the United States to observe this week with appropriate programs, ceremonies, and activities in respect and appreciation for the contributions these valuable institutions and their graduates have made to our country.                              ( print page 51898)    

IN WITNESS WHEREOF, I have hereunto set my hand this third day of September, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-third.

[FR Doc. E8-20794

Billing code 3195-01-P
<PAGE>
                                                                    Exhibit 10.1

       AMENDMENT NO. 1 OF AMENDED AND RESTATED AMERICAN HOMEPATIENT, INC.
                     1991 NONQUALIFIED STOCK OPTION PLAN


         Amendment No. 1 of Amended and Restated American HomePatient, Inc. 1991
Nonqualified Stock Option Plan (the "Plan") of American HomePatient, Inc. (the
"Corporation") as approved by the Board of Directors of the Corporation on March
2, 2005.

         The Plan shall be amended by deleting paragraph 3 thereof and replacing
it with a new number 3 so that, as amended, said paragraph 3 shall be and read
as follows:

         3. Stock Subject to the Plan. There will be reserved for issuance upon
the exercise of Options 5,000,000 shares of Common Stock, which will be
authorized and unissued Common Stock. If an Option expires or terminates for any
reason without being exercised in full, the shares subject thereto which have
not been purchased will again be available for purposes of the Plan. The number
of shares as to which Options may be granted under the Plan will be
proportionately adjusted, to the nearest whole share, in the event of any stock
dividend, stock split, share combination or similar recapitalization involving
the Common Stock or any spin-off, spin-out or other significant distribution of
assets of stockholders for which the Corporation receives no consideration. In
the event that there is an insufficient number of authorized shares of Common
Stock available to allow exercise of the Options on the date of any grant
hereunder, such Options will not be exercisable until there are sufficient
shares of Common Stock authorized for issuance.

         -End of Amendment-
| **Note 11 - Due to Related Parties (Details) (Hego [Member])** | 3 Months Ended |
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| Hego [Member]                                                  |           |
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| Related Party Transaction, Rate                                | 5.95%          |

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Identify the stated interest rate per the agreement, for example, leasing and debt arrangements between related parties.
+ References
No definition available.
+ Details**Name:**us-gaap_RelatedPartyTransactionRate**Namespace Prefix:**us-gaap_**Data Type:**num:percentItemType**Balance Type:**na**Period Type:**duration |
EXHIBIT 31.1

               CERTIFICATION PURSUANT TO RULE 13A-14(D)/15D-14(D)
                    UNDER THE SECURITIES EXCHANGE ACT OF 1934

I, Anthony N. Renzi, certify that:

1. I have  reviewed  this  report  on Form  10-K and all  reports  on Form  10-D
   required to be filed in respect of the period  covered by this report on Form
   10-K of RASC Series 2006-KS5 Trust (the "Exchange Act periodic reports");
2. Based on my knowledge,  the Exchange Act periodic reports,  taken as a whole,
   do not contain  any untrue  statement  of a material  fact or omit to state a
   material  fact  necessary  to make  the  statements  made,  in  light  of the
   circumstances  under which such  statements  were made, not  misleading  with
   respect to the period covered by this report;

3. Based  on  my  knowledge,  all  of  the  distribution,  servicing  and  other
   information required to be provided under Form 10-D for the period covered by
   this report is included in the Exchange Act periodic reports;

4. I am responsible for reviewing the activities  performed by the servicers and
   based on my knowledge and the compliance  reviews  conducted in preparing the
   servicer  compliance  statements  required in this report  under Item 1123 of
   Regulation AB, and except as disclosed in the Exchange Act periodic  reports,
   the servicers have fulfilled their obligations under the servicing agreements
   in all material respects; and

5. All of the reports on assessment of compliance  with  servicing  criteria for
   asset-backed  securities and their related  attestation reports on assessment
   of compliance with servicing criteria for asset-backed securities required to
   be included in this report in accordance  with Item 1122 of Regulation AB and
   Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this
   report,  except as otherwise disclosed in this report. Any material instances
   of noncompliance described in such reports have been disclosed in this report
   on Form 10-K.

In giving the  certifications  above,  I have  reasonably  relied on information
provided  to me by  the  following  unaffiliated  parties:  U.S.  Bank  National
Association.


Date:  March 26, 2007

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

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<MULTIPLIER> 1,000,000
       
<S>                             <C>
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