alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 13-10267

________________________

D.C. Docket No. 2:11-cr-00080-JES-SPC-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

 versus

ALFREDO J. SARARO, III, 

 Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Middle District of Florida

________________________

(September 23, 2014)

Before HULL, MARCUS and HILL, Circuit Judges.

PER CURIAM: 

Alfredo J. Sararo, III appeals his convictions on five counts of wire fraud, in 

violation of 18 U.S.C. §§ 1343 and 2, and four counts of filing a false tax return, in 

Case: 13-10267 Date Filed: 09/23/2014 Page: 1 of 3 
2

violation of 26 U.S.C. § 7206(1). Sararo was charged with making wire 

communications to execute a fraudulent real estate investment scheme and 

misrepresenting the income he derived from the fraud on his tax returns. After a 

15-day trial, a jury found Sararo guilty on five out of seven counts of wire fraud 

and all four counts of tax fraud. The district court sentenced Sararo to 108 months’ 

imprisonment for the wire fraud counts and 36 months’ imprisonment for the tax 

fraud counts, to be served concurrently.1

 

On appeal, Sararo raises five challenges to his convictions. First, Sararo 

argues that the prosecutor engaged in misconduct by (1) knowingly presenting 

perjured testimony, (2) commenting on Sararo’s right not to testify, and 

(3) attempting to shift the burden of proof onto Sararo. Second, Sararo argues that 

the district court erred in denying his motion for judgment of acquittal due to 

insufficient evidence that the alleged wire communications were part of the fraud 

or of an effort to lull his victims into a false sense of security. Third, Sararo argues 

that the district court abused its discretion in excluding, as self-serving hearsay, 

Sararo’s recorded statements to his tax preparer showing that he lacked the 

requisite intent to commit tax fraud. Fourth, Sararo argues that the district court 

abused its discretion in denying his motion for new trial based on a juror’s failure 

 1

Sararo does not appeal his sentences.

Case: 13-10267 Date Filed: 09/23/2014 Page: 2 of 3 
3

to disclose her prior employment in the real estate industry during voir dire. Fifth, 

Sararo argues that cumulative error deprived him of a fair trial. 

After review and oral argument, we conclude that all of Sararo’s arguments 

lack merit, and thus affirm Sararo’s convictions. 

AFFIRMED. 

Case: 13-10267 Date Filed: 09/23/2014 Page: 3 of 3
Date,Total,Households,Business,State and local govts.,Federal
2000,5.0,9.1,9.3,1.4,-8.0
2001,6.3,9.6,5.7,8.8,-0.2
2002,7.4,10.8,2.8,11.1,7.6
2003,8.1,11.8,2.3,8.3,10.9
2004,8.9,11.0,6.3,7.3,9.0
2005,9.5,11.1,8.8,10.2,7.0
2006,9.0,10.0,10.5,8.3,3.9
2007,8.7,6.7,13.4,9.5,4.9
2008,5.9,0.1,5.2,2.5,24.2
2009,3.3,-1.7,-1.8,4.8,22.7
2008Q1,5.5,3.1,7.8,3.9,8.1
2009Q2,3.2,-0.0,6.4,1.8,5.9
2009Q3,8.1,-0.6,5.0,3.9,39.2
2009Q4,6.1,-1.9,1.2,0.2,37.0
2009Q1,4.2,-1.3,0.4,4.7,22.6
2009Q2,4.5,-1.7,-2.1,4.1,28.2
2009Q3,2.9,-2.7,-2.3,5.5,20.6
2009Q4,1.6,-1.2,-3.2,4.7,12.6
[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Proposed Rules]
[Pages 58514-58515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23651]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-128841-07]
RIN 1545-BG91


Public Approval Guidance for Tax-Exempt Bonds; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

[[Page 58515]]


ACTION: Correction to notice of proposed rulemaking.

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

SUMMARY: This document contains a correction to a notice of proposed 
rulemaking (REG-128841-07) that was published in the Federal Register 
on Tuesday, September 9, 2008 (73 FR 52220) relating to the public 
approval requirements under section 147(f) of the Internal Revenue Code 
applicable to tax-exempt private activity bonds issued by State and 
local governments. The proposed regulations affect State and local 
governmental issuers of tax-exempt private activity bonds.

FOR FURTHER INFORMATION CONTACT: David White, (202) 622-3980 (not a 
toll-free number).

SUPPLEMENTARY INFORMATION: 

Background

    The correction notice that is the subject of this document is under 
section 147 of the Internal Revenue Code.

Need for Correction

    As published, the notice of proposed rulemaking (REG-128841-07) 
contains an error that may prove to be misleading and is in need of 
clarification.

Correction of Publication

    Accordingly, the publication of the notice of proposed rulemaking 
(REG-128841-07), which was the subject of FR Doc. E8-20771, is 
corrected as follows:


Sec.  1.147(f)-1  [Corrected]

    On page 52225, column 1, Sec.  1.147(f)-1(b)(6)(ii)(A), line 4, the 
language ``and public approval stated would to be'' is corrected to 
read ``and public approval stated would be''.

LaNita Van Dyke,
Chief, Publications and Regulations Branch, Legal Processing Division, 
Associate Chief Counsel, (Procedure and Administration).
 [FR Doc. E8-23651 Filed 10-6-08; 8:45 am]
BILLING CODE 4830-01-P
Exhibit 99.1

                       CERTIFICATION 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 Quarterly Report of Healthy Planet Products, Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2002, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I
Gregory C. McPherson, Interim President, serving as the Principal Executive
Officer of the Company, certify to the best of my knowledge, 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.

Date: August 13, 2002                           /S/ Gregory C. McPherson
                                                ----------------------------
                                                Gregory C. McPherson
                                                Interim President
                                                (Principal Executive Officer)

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

                       CERTIFICATION 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 Quarterly Report of Healthy Planet Products, Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2002, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I
Antonio H. Santiago, Vice President Finance, serving as the Principal
Financial and Accounting Officer of the Company, certify to the best of my
knowledge, 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.

Date: August 13, 2002                           /S/ Antonio H. Santiago
                                                ----------------------------
                                                Antonio H. Santiago
                                                Vice President Finance
                                                (Principal Financial Officer)
| Skip to Content*Release Date: December 6, 2007*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**F.209 Treasury Securities** |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6394

HARRY PHILLIP GROSS, III, Petitioner - Appellant, versus RONALD F. MOATS, Warden; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-98- 3802-L) Submitted: May 13, 1999 Decided: May 19, 1999Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Harry Phillip Gross, III, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Harry Phillip Gross, III, seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254(West 1994 & Supp. 1998) and denying his motion for reconsideration. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Gross v. Moats , No. CA-98-3802-L (D. Md. Feb. 1 & 11, 1999). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
<TABLE> <S> <C>

<ARTICLE> 9
<CIK> 0000768532
<NAME> FIRST COMMERCE BANCSHARES, INC.
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                              JAN-1-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         121,793
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                               52,905,
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    341,202
<INVESTMENTS-CARRYING>                         327,492
<INVESTMENTS-MARKET>                           328,858
<LOANS>                                      1,125,269
<ALLOWANCE>                                     21,734
<TOTAL-ASSETS>                               2,068,179
<DEPOSITS>                                   1,596,472
<SHORT-TERM>                                   187,934
<LIABILITIES-OTHER>                             24,875
<LONG-TERM>                                     43,670
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,709
<OTHER-SE>                                     212,519
<TOTAL-LIABILITIES-AND-EQUITY>               2,068,179
<INTEREST-LOAN>                                 49,934
<INTEREST-INVEST>                               21,042
<INTEREST-OTHER>                                 1,808
<INTEREST-TOTAL>                                72,784
<INTEREST-DEPOSIT>                              29,509
<INTEREST-EXPENSE>                              35,456
<INTEREST-INCOME-NET>                           37,328
<LOAN-LOSSES>                                    4,224
<SECURITIES-GAINS>                               4,613
<EXPENSE-OTHER>                                 38,547
<INCOME-PRETAX>                                 22,409
<INCOME-PRE-EXTRAORDINARY>                      14,463
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    14,463
<EPS-PRIMARY>                                     1.07
<EPS-DILUTED>                                     1.07
<YIELD-ACTUAL>                                    4.20
<LOANS-NON>                                      2,348
<LOANS-PAST>                                       533
<LOANS-TROUBLED>                                 1,508
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                20,157
<CHARGE-OFFS>                                    4,187
<RECOVERIES>                                     1,540
<ALLOWANCE-CLOSE>                               21,734
<ALLOWANCE-DOMESTIC>                            21,734
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Exhibit 99.1

                                 CERTIFICATION

I, Charles M. Weaver, certify that:

     1.   I have reviewed this annual report on Form 10-K in respect of the
          Corporate Backed Trust Certificates, Kinder Morgan Debenture-Backed
          Series 2002-6 Trust (the "Trust") and all reports on Form 8-K
          containing distribution or servicing reports of the Trust filed in
          respect of periods included in the year covered by this annual
          report of the Trust;

     2.   Based on my knowledge, the information in these reports, taken as a
          whole, does 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 as of the last day of the period covered by this
          annual report;

     3.   Based on my knowledge, the distribution or servicing information
          required to be provided to the Depositor by the Trustee under the
          pooling and servicing or similar agreement, for inclusion in these
          reports is included in these reports; and

     4.   I am responsible for reviewing the activities performed by the
          Depositor and the Trustee under the pooling and servicing or similar
          agreement and based upon my knowledge and the annual compliance
          review required under that agreement, and except as disclosed in the
          reports, the Depositor and Trustee have each fulfilled its
          obligations under that agreement.

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

Date: March 28, 2005


      /s/ CHARLES M. WEAVER
---------------------------------
Charles M. Weaver, Vice President
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra

, Justices

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.

_________________________________________ Clerk October 2, 2012 

# Order

October 2, 2012

143831(49)(50)(52)

BECKIE PRICE,

Plaintiff

- Appellee,

SC: 143831

v COA: 298460

Clinton CC: 08

- 010387

- NO

HIGH POINTE OIL COMPANY, INC.,

Defendant

- Appellant.

___________________________________

On order of the Chief Justice, the motion by defendant

- appellant for extension to

August 22, 2012 of the time for filin g its reply brief is granted. Motions by the Michigan

Association of Home Builders and the Michigan Association of Realtors for leave to file

briefs amicus curiae are considered and they are granted.
**Exhibit 31.1**

** **

**Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002**

 

I,Keith C. Robbins, certify that:

 

1.I have reviewed this annual report on Form 10-K of Community Valley Bancorp;

 

2.Based on my knowledge, this annual report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this annual report;

 

3.Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this annual report;

 

4.The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-14 and 15d-14) for the registrant and have:

 

a)designed such disclosure controls and procedures to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this annual report is being prepared;

 

b)evaluated the effectiveness of the registrant’s disclosure controls andprocedures as of a date within 90 days prior to the filing date of this annualreport (the “Evaluation Date”); and

 

c)presented in this annual report our conclusions about the effectiveness of thedisclosure controls and procedures based on our evaluation as of the EvaluationDate;

 

5.The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunctions):

 

a)all significant deficiencies in the design or operation of internal controlswhich could adversely affect the registrant’s ability to record, process,summarize and report financial data and have identified for the registrant’sauditors any material weaknesses in internal controls; and

 

b)any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal controls; and

 

6.The registrant’s other certifying officer and I have indicated in this annualreport whether there were significant changes in internal controls or in otherfactors that could significantly affect internal controls subsequent to thedate of our most recent evaluation, including any corrective actions withregard to significant deficiencies and material weaknesses.

 
| Date:  March 16, 2006 | By:                                                   | /s/  Keith C. Robbins |   |
|-----------------------|-------------------------------------------------------|-----------------------|--------|
|                  |                                                  |                  |   |
|                  | Keith C. Robbins, President, Chief Executive  Officer |

 

----
<TABLE> <S> <C>

<ARTICLE>                      5
<MULTIPLIER>                   1,000


       
<S>                            <C>
<PERIOD-TYPE>                  9-MOS
<FISCAL-YEAR-END>                          MAY-31-1995
<PERIOD-END>                               AUG-31-1995
<CASH>                                          11,600
<SECURITIES>                                         0
<RECEIVABLES>                                  211,324
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               274,348
<PP&E>                                       2,370,951
<DEPRECIATION>                             (1,670,702)
<TOTAL-ASSETS>                                 994,606
<CURRENT-LIABILITIES>                        1,210,152
<BONDS>                                              0
<COMMON>                                       617,557
<PREFERRED-MANDATORY>                          100,000
<PREFERRED>                                    617,557
<OTHER-SE>                                   (797,398)
<TOTAL-LIABILITY-AND-EQUITY>                   994,606
<SALES>                                        537,706
<TOTAL-REVENUES>                                     0
<CGS>                                          434,678
<TOTAL-COSTS>                                  434,678
<OTHER-EXPENSES>                               226,056
<LOSS-PROVISION>                             (123,028)
<INTEREST-EXPENSE>                            (54,817)
<INCOME-PRETAX>                              (157,260)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (157,260)
<DISCONTINUED>                                  20,585
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (157,260)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Presidential Documents]
[Page 60603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24461]




                        Presidential Documents 



Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 60603]]

                Proclamation 8303 of October 8, 2008

                
Leif Erikson Day, 2008

                By the President of the United States of America

                A Proclamation

                On Leif Erikson Day, we remember that son of Iceland 
                and grandson of Norway for his journey to North 
                America, and we celebrate the influential role Nordic 
                Americans have played in our society.

                Leif Erikson was among the world's greatest and most 
                daring explorers. More than 1,000 years ago, he led a 
                crew across the Atlantic to North America. Today, the 
                same desire to explore and open new frontiers inspires 
                our citizens and contributes to the strength of our 
                Nation.

                America's friendships with Denmark, Finland, Iceland, 
                Norway, and Sweden are strong, and Nordic Americans 
                have added to our rich cultural diversity and proud 
                ancestry. On this day, we recognize these individuals 
                for their remarkable achievements in all sectors of our 
                society. America is grateful for the many contributions 
                of Nordic Americans, and we continue to draw 
                inspiration from the courage and optimism of the 
                adventurous Leif Erikson.

                To honor Leif Erikson and to celebrate our citizens of 
                Nordic American heritage, the Congress, by joint 
                resolution (Public Law 88-566) approved on September 2, 
                1964, has authorized the President to proclaim October 
                9 of each year as ``Leif Erikson Day.''

                NOW, THEREFORE, I, GEORGE W. BUSH, President of the 
                United States of America, do hereby proclaim October 9, 
                2008, as Leif Erikson Day. I call upon all Americans to 
                observe this day with appropriate ceremonies, 
                activities, and programs to honor our rich Nordic-
                American heritage.

                 IN WITNESS WHEREOF, I have hereunto set my hand this 
                eighth day of October, 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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

[FR Doc. E8-24461
Filed 10-10-08; 8:45 am]
Billing code 3195-W9-P