alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-10870

Summary Calendar 

UNITED STATES OF AMERICA, 

Plaintiff-Appellee 

v. 

VICTOR MARTINEZ-RAMIREZ, 

Defendant-Appellant 

Appeal from the United States District Court 

for the Northern District of Texas 

USDC No. 4:15-CR-275-1 

Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges. 

PER CURIAM:*

Victor Martinez-Ramirez pleaded guilty to one count of being illegally 

present in the United States following deportation. The district court 

sentenced Martinez-Ramirez within the applicable guidelines range to 46 

months of imprisonment, to be followed by a three-year term of supervised 

release. In his only argument on appeal, Martinez-Ramirez asserts that 

because the indictment did not allege his prior aggravated felony conviction, 

 

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

March 17, 2017

Lyle W. Cayce

Clerk

 Case: 16-10870 Document: 00513915851 Page: 1 Date Filed: 03/17/2017
No. 16-10870

2 

his sentence, which exceeded the two-year statutory maximum set forth in 8 

U.S.C. § 1326(a), constituted a violation of his due process rights. He concedes 

that his argument is foreclosed by Almendarez-Torres v. United States, 523 

U.S. 224 (1998), but he maintains that the reasoning of this case has been 

called into question by Apprendi v. New Jersey, 530 U.S. 466 (2000), and 

Alleyne v. United States, 133 S. Ct. 2151 (2013).

The Government has filed a motion for a summary affirmance or, 

alternatively, for an extension of time to file a merits brief. Summary 

affirmance is proper when, among other instances, “the position of one of the 

parties is clearly right as a matter of law so that there can be no substantial 

question as to the outcome of the case.” Groendyke Transp., Inc. v. Davis, 406 

F.2d 1158, 1162 (5th Cir. 1969).

As Martinez-Ramirez concedes, his due process argument is foreclosed 

by Almendarez-Torres. Although Apprendi and Alleyne require that facts 

increasing the statutory maximum or minimum sentence must be submitted 

to a jury and proved beyond a reasonable doubt, they have preserved an

exception for prior convictions. Alleyne, 133 S. Ct. at 2160-64 & n.1; Apprendi, 

530 U.S. at 489-90. Accordingly, the Government’s motion for summary 

affirmance is GRANTED. The Government’s alternative motion for an 

extension of time to file a brief is DENIED. 

 Case: 16-10870 Document: 00513915851 Page: 2 Date Filed: 03/17/2017
News United States Air Force
 EOD Airmen first to graduate Army air assault schoolPublished April 27, 2017
                        
                        By Staff Sgt. Andrew Park
                        
                        
                        386th Air Expeditionary Wing Public Affairs
                
                Two Airmen from the 386th Civil Engineer Squadron explosive ordnance disposal unit graduated from the U.S. Army Air Assault School held at Camp Buehring, Kuwait, April 14, 2017.The unprecedented graduation was the first time in history that Airmen, while serving on a contingency operation deployment, have graduated from this particular course.Senior Airmen Domenic Martino and Daniel Giansanti, both 386th CES EOD technicians, attended the 10-day course where they learned techniques for troop insertion, landing zone set up and evacuation operations involving helicopters. These types of operations are typically used when operating behind enemy lines where vehicles and people must be moved quickly to ensure their safety, explained Martino.“It was basically all attention to detail. That’s what they taught you throughout the course,” said Martino, who is deployed from Seymour Johnson Air Force Base, North Carolina. “I caught up on it pretty quickly because throughout my EOD school it was all about attention to detail.”The Army recently began offering the course to U.S. Army Central Command area of responsibility service members and accepted its first students at the beginning of April 2017.Over the duration of the course, Martino and Giansanti learned techniques such as combat assault, sling load operations, where they set up helicopter carry loads, and rappelling operations.“There are so many fine details you have to look at in each inspection,” Martino explained. “It could be a single link count in the chains and if you’re one off, then that’s it; it’s a discrepancy or deficiency.”The 386th CES sent the two Airmen based on their demonstrated proficiency and professionalism in their work, said Master Sgt. Travis Hughes, a 386th CES EOD flight chief deployed from Seymour Johnson AFB.Attending this course will help the Airmen and their teams better perform in a variety of austere locations required to complete the wing’s mission.“Part of our mission set is to support Army teams, and what we’ve found over the last few years is that we have to prepare our guys for these types of mission sets,” said Hughes. “We have to make sure our guys can safely respond to incidents that require an air insert. Getting them to this course allows them to get that foundation so that when we have to respond via air insert, they can work safely around the aircraft.”On a more personal level, Martino said he felt that graduating from this challenging course was yet another major milestone he reached in his military career. And it is one he is particularly proud of.joint operations 



EOD 



386th Expeditionary Wing 



civil engineering 



Camp Buehring 



Kuwait 



Air Assault School 



Seymour Johnson AFB 



4th CES 



AFCENT
#### STATE OF NEW JERSEY v. MUQTASID FAREED.

May 6, 1985.

Petition for certification denied.
EX-33.4
(logo) WELLS FARGO

Wells Fargo Bank, N.A.
Document Custody
1015 10th Avenue Southeast
Minneapolis, MN 55414


ASSESSMENT OF COMPLIANCE WITH THE APPLICABLE SERVICING CRITERIA


Management of the Document Custody Section of the Corporate Trust Services
division of Wells Fargo Bank, National Association (the "Company") is
responsible for assessing compliance with the servicing criteria set forth in
Item 1122(d) of Regulation AB of the Securities and Exchange Commission.
Management has determined that the servicing criteria are applicable in regard
to the servicing platform for the period as follows:

Platform:
Publicly-issued (i.e., transaction-level reporting required under the
Securities Exchange Act of 1934, as amended) residential mortgage-backed
securities and commercial mortgage-backed securities issued on or after January
1, 2006 for which the Company provides document custody services, excluding any
such securities issued by any agency or instrumentality of the U.S. government
(other than the Federal Deposit Insurance Company) or any government sponsored
entity (the "Platform").


Period:  As of and for the twelve months ended December 31, 2012 (the "Period").

Applicable Servicing Criteria:

The servicing criteria set forth in Item 1122(d)(1)(iv), 1122(d)(4)(i) and
1122(d)(4)(ii), in regard to the activities performed by the Company with
respect to the Platform (the "Applicable Servicing Criteria"). Management of
the Company has determined that all other servicing criteria set forth in Item
1122(d) are not applicable to the Platform.


With respect to the Platform and the Period, the Company's management provides
the following assertion of compliance with respect to the Applicable Servicing
Criteria:

1. The Company's management is responsible for assessing the Company compliance
with the Applicable Servicing Criteria.

2. The Company management has assessed the Company compliance with the
Applicable Servicing Criteria. In performing this assessment, management used
the criteria set forth by the Securities and Exchange Commission in paragraph
(d) of Item 1122 of Regulation AB.

3. Based on such assessment as of and for the Period, the Company has complied,
in all material respects with the Applicable Servicing Criteria.

KPMG LLP, an independent registered public accounting firm, has issued an
attestation report with respect to management's assertion of compliance with the
Applicable Servicing Criteria as of and for the Period.


WELLS FARGO BANK, National Association

By:    /s/ Shari Gillund
       Shari L. Gillund

Title: Senior Vice President

Dated: February 15, 2013


Wells Fargo Bank, N.A.
Exhibit 32.2



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 Annual Report of VCG Holding Corp. (the Company) on Form 10-KSB for the year ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Donald W. Prosser, Chief Financial and Accounting 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, and:
| | -- | ----------------------------------------------------------------------------------------------------------------------



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



Dated: May 27, 2005



| |  |  |  |                                                          |  | 
| |  |  |  | -------------------------------------------------------- |  | 
| |  |  |  | /s/ Donald W. Prosser                                    |  | 
| |  |  |  | Donald W. Prosser Chief Financial and
Accounting Officer



A signed original of this written
statement required by Section 906 has been provided to and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

**COMMONWEALTH OF PENNSYLVANIA,**

**Respondent**

**v.**

**EMMETT M. LOCKHART,**

**Petitioner :** 

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**: No. 8 MAL 2016** 

**Petition for Allowance of Appeal from the Order of the Superior Court** 

ORDER

PER CURIAM

AND NOW **, this 3rd day of May, 2016, the Petition for Allowa nce of Appeal is** 

DENIED

**.**

**Justice Wecht did not participate in the consideration or decision of this matter.**
<PAGE>

                                                                    EXHIBIT 23.1

The Board of Directors
CMI Corporation:

We consent to incorporation by reference herein of our report dated March 8,
2000, except as to the last paragraph of note 3 and the first paragraph of note
14, which are as of March 30, 2000, relating to the consolidated balance sheets
of CMI Corporation and subsidiaries as of December 31, 1999 and 1998, and the
related consolidated statements of earnings, changes in common stock and other
capital, and cash flows for each of the years in the three-year period ended
December 31, 1999, which report appears in the December 31, 1999 annual report
on Form 10-K of CMI Corporation.


                                                     KPMG LLP


Oklahoma City, Oklahoma
August 28, 2000
Exhibit 32.1

Certification
pursuant to18
U.S.C. Section 1350,as adopted
pursuant toSection
906 of the Sarbanes-Oxley Act of 2002

Barry
M. Donohue, President and Chief Executive Officer and William M. Gilfillan,
Chief Financial Officer of Atlantic Liberty Financial Corp. (the
Company) each certify in their capacity as officers of the Company
that they have reviewed the annual report of the Company on Form 10-KSB for the
fiscal ended March 31, 2004 and that to the best of their knowledge:

|1. | the
report fully complies with the requirements of Sections 13(a) 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.
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------

The
purpose of this statement is solely to comply with Title 18, Chapter 63, Section
1350 of the United States Code, as amended by Section 906 of the Sarbanes-Oxley
Act of 2002.

A
signed original of this written statement required by Section 906 has been
provided to Atlantic Liberty Financial Corp. and will be retained by Atlantic
Liberty Financial Corp. and furnished to the Securities and Exchange Commission
or its staff upon request.

|                     |  | 
|-------------------- |  | 
|June 29, 2004        |  | 
|-------------------- |  | 
|Date                 |  | 
|                     |  | 

|                     |  | 
|-------------------- |  | 
|June 29, 2004        |  | 
|-------------------- |  | 
|Date                 |  | 
|                     |  |
<TABLE> <S> <C>

<ARTICLE>                                                                      5
<LEGEND>
This schedule contains summary financial information extracted from the second
quarter 10-QSB and is qualified in its entirety by reference to such 10-QSB.
</LEGEND>

<S>                                         <C>
<PERIOD-TYPE>                             6-MOS
<FISCAL-YEAR-END>                         DEC-31-2000
<PERIOD-START>                            JAN-01-2000
<PERIOD-END>                              JUN-30-2000
<CASH>                                                                   8202410
<SECURITIES>                                                                   0
<RECEIVABLES>                                                                  0
<ALLOWANCES>                                                                   0
<INVENTORY>                                                                    0
<CURRENT-ASSETS>                                                               0
<PP&E>                                                                         0
<DEPRECIATION>                                                                 0
<TOTAL-ASSETS>                                                           9003906
<CURRENT-LIABILITIES>                                                          0
<BONDS>                                                                 10796889
<PREFERRED-MANDATORY>                                                          0
<PREFERRED>                                                                    0
<COMMON>                                                                       0
<OTHER-SE>                                                             (1861574)
<TOTAL-LIABILITY-AND-EQUITY>                                             9003906
<SALES>                                                                        0
<TOTAL-REVENUES>                                                          332769
<CGS>                                                                          0
<TOTAL-COSTS>                                                                  0
<OTHER-EXPENSES>                                                          160689
<LOSS-PROVISION>                                                               0
<INTEREST-EXPENSE>                                                        648567
<INCOME-PRETAX>                                                         (476487)
<INCOME-TAX>                                                                   0
<INCOME-CONTINUING>                                                     (476487)
<DISCONTINUED>                                                                 0
<EXTRAORDINARY>                                                                0
<CHANGES>                                                                      0
<NET-INCOME>                                                            (476487)
<EPS-BASIC>                                                              (21.62)
<EPS-DILUTED>                                                            (21.62)



</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-8120

GEORGE ALLEN PORTER,

Petitioner - Appellant,

versus

EDWARD W. MURRAY,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior

District Judge. (CA-94-433-AM)

Submitted: May 14, 1996 Decided: June 13, 1996

Before MURNAGHAN, WILKINS, and LUTTIG, Circuit Judges.

Affirmed by unpublished per curam opinion.

George Allen Porter, Appellant Pro Se. Mary Elizabeth Shea, OFFICE

OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

George Allen Porter appeals from a district court decision,

issued after remand, granting summary judgment in favor of Respondent. We have reviewed the district court opinion and find no

reversible error. Therefore, we affirm substantially on the reasoning of the district court. Porter v. Murray, No. CA-94-433-AM

(E.D. Va. Nov. 28, 1995). 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.

AFFIRMED
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1996
<PERIOD-END>                               SEP-30-1995
<CASH>                                       1,334,981
<SECURITIES>                                         0
<RECEIVABLES>                                  141,712
<ALLOWANCES>                                   (5,000)
<INVENTORY>                                    205,042
<CURRENT-ASSETS>                             1,776,580
<PP&E>                                      10,817,174
<DEPRECIATION>                               5,835,512
<TOTAL-ASSETS>                               8,086,026
<CURRENT-LIABILITIES>                        1,265,260
<BONDS>                                      3,880,156
<COMMON>                                     1,649,889
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   1,207,221
<TOTAL-LIABILITY-AND-EQUITY>                 8,086,026
<SALES>                                      7,552,332
<TOTAL-REVENUES>                             7,888,576
<CGS>                                        4,654,165
<TOTAL-COSTS>                                7,366,882
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             197,889
<INCOME-PRETAX>                                355,156
<INCOME-TAX>                                   120,750
<INCOME-CONTINUING>                            234,406
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   234,406
<EPS-PRIMARY>                                     0.15
<EPS-DILUTED>                                     0.15
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET, THE CONSOLIDATED STATEMENT OF
OPERATIONS AND THE CONSOLIDATED STATEMENT OF STOCKHOLDERS' EQUITY AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000

<S>                           <C>
<PERIOD-TYPE>                 9-MOS
<FISCAL-YEAR-END>                   DEC-31-1998
<PERIOD-END>                        SEP-30-1998
<CASH>                                   30,926
<SECURITIES>                                  0
<RECEIVABLES>                           532,114 <F1>
<ALLOWANCES>                            116,572
<INVENTORY>                                   0
<CURRENT-ASSETS>                        264,063
<PP&E>                                  671,428
<DEPRECIATION>                          332,871
<TOTAL-ASSETS>                        1,050,094
<CURRENT-LIABILITIES>                   392,992
<BONDS>                                 407,116
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   0
<COMMON>                                    236
<OTHER-SE>                              157,806
<TOTAL-LIABILITY-AND-EQUITY>          1,050,094
<SALES>                                       0
<TOTAL-REVENUES>                        556,203
<CGS>                                         0
<TOTAL-COSTS>                           339,770 <F2>
<OTHER-EXPENSES>                         30,615 <F3>
<LOSS-PROVISION>                         92,555
<INTEREST-EXPENSE>                       30,723
<INCOME-PRETAX>                           8,862
<INCOME-TAX>                                525
<INCOME-CONTINUING>                       8,337
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                              8,337
<EPS-BASIC>                                 .38
<EPS-DILUTED>                               .32
<FN>
<F1>THIS AMOUNT IS THE SUM OF THE SHORT-TERM AND LONG-TERM INSTALLMENT
CONTRACTS RECEIVABLE LINES ON THE CONDENSED CONSOLIDATED BALANCE SHEET AT
SEPTEMBER 30, 1998 AND IS NET OF UNEARNED FINANCE CHARGES.
<F2>THIS AMOUNT IS THE SUM OF THE FITNESS CENTER OPERATIONS LINE, THE
ADVERTISING LINE AND THE CHANGE IN DEFERRED MEMBERSHIP ORIGINATION COSTS
LINE ON THE CONSOLIDATED STATEMENT OF OPERATIONS FOR THE NINE MONTHS
ENDED SEPTEMBER 30, 1998.
<F3>THIS AMOUNT IS THE MEMBER PROCESSING AND COLLECTION CENTERS LINE ON THE
CONSOLIDATED STATEMENT OF OPERATIONS FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1998.
</FN>


</TABLE>
<PAGE>


                                 EXHIBIT 23.2

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation of our
report included in this Form 10-K, into the Company's previously filed
Registration Statements on Form S-3, File No. 333-70045, and Form S-8, File No.
333-04676, and Form S-8, File No. 333-25701.

                              ARTHUR ANDERSEN LLP


San Francisco, California
March 28, 2001
<PAGE>

                                                                   Exhibit 16.01

Office of the Chief Accountant
Securities & Exchange Commission
450 Fifth Street, N.W.
Washington, DC  20549


March 2, 2001

Dear Sir/Madam,

We have read the relevant information referring to our firm in Item 4 included
in the Form 8-K dated March 2, 2001, of CC Master Credit Card Trust II filed
with the Securities and Exchange Commission and are in agreement with the
statements contained therein.

Very truly yours,

/s/ Arthur Andersen LLP

Arthur Andersen LLP

cc:  Ms. Tracie Klein
     First Vice President
     First USA Bank, National Association