alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7156
DAVID J. OAKES, Plaintiff - Appellant, versus WILLIAM F. DALIUS, JR., Defendant - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-03-498-5-H) Submitted: December 11, 2003 Decided: December 19, 2003 Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. David J. Oakes, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: David J. Oakes appeals the district court’s order dismissing his action filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. 388 (1971), as frivolous. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Oakes v. Dalius , No. CA-03-498-5-H (E.D.N.C. July 17, 2003). 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
Exhibit 33.2
  Management’s Assertion on Compliance with Regulation AB
 (Deutsche Bank Trust Company Americas)


MANAGEMENT’S ASSERTION OF COMPLIANCE








Management of the Trust & Securities Services department of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas (collectively the “Company”) is responsible for assessing the servicing criteria set forth in Item 1122(d) of Regulation AB promulgated by the Securities and Exchange Commission to determine which criteria are applicable to the Company in respect of the servicing platform described below.  Management has determined that the servicing criteria are applicable in regard to the servicing platform for the period as follows:








Platform:  The Nissan Auto Receivables 2008-B Owner Trust asset-backed securities transaction, the Nissan Auto Receivables 2008-C Owner Trust asset-backed securities transaction and the Nissan Auto Receivables 2011-A Owner Trust asset-backed securities transaction (the “Platform”).





Applicable Servicing Criteria:  All servicing criteria set forth in Item 1122(d), except for the following criteria: 1122(d)(1)(i)-1122(d)(1)(iv), 1122(d)(2)(i), 1122(d)(2)(iii), 1122(d)(2)(v)-1122(d)(2)(vii), 1122(d)(3)(i) and 1122(d)(4)(i)-1122(d)(4)(xv), which management has determined are not applicable to the activities the Company performs with respect to the Platform (the “Applicable Servicing Criteria”).  With respect to the Platform, servicing criterion 1122(d)(3)(ii) is applicable only as it relates to remittances.





Period:  Year ended March 31, 2012 (the “Period”).





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’s compliance with the Applicable Servicing Criteria as of and for the Period.





2.  The Company’s management has assessed the Company’s compliance with the Applicable Servicing Criteria as of and for the Period.  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.








DEUTSCHE BANK NATIONAL TRUST COMPANY








By:  /s/ Robert Frier


Name: Robert Frier


Its: Director








DEUTSCHE BANK TRUST COMPANY AMERICAS








By:  /s/ Jenna Kaufman


Name: Jenna Kaufman


Its: Director








By:  /s/ Irene Siegel


Name: Irene Siegel


Its: Vice President




















































Dated: May 25, 2012
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 the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS) Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be Wednesday, October 27, 2010.

# FOR FURTHER INFORMATION CONTACT:

Marianne Ayala at 1-888-912-1227 or 954-423-7978.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Project Committee will be held Wednesday, October 27, 2010, at 1:00 p.m. Eastern Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Marianne Ayala. For more information, please contact Ms. Ayala at 1-888-912-1227 or 954-423-7978, or write TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324, or                           ( print page 55407)                        contact us at the Web site:                     *http://www.improveirs.org*.                

The agenda will include various IRS issues.

Dated: September 1, 2010.

Shawn F. Collins,

Director, Taxpayer Advocacy Panel.

[FR Doc. 2010-22577 Filed 9-9-10; 8:45 am]

BILLING CODE 4830-01-P
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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 19-60156

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ADAN REYES-MARTINEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 3:18-CR-143-1

Before HIGGINBOTHAM, HO, and ENGELHARDT, Circuit Judges.

PER CURIAM:*

Pursuant to a written plea agreement, Adan Reyes-Martinez pleaded 

guilty to failure to depart the United States, in violation of 8 U.S.C. 

§ 1253(a)(1), and he was sentenced above the advisory guidelines range to 48 

months of imprisonment. Reyes-Martinez waived his right to appeal, but he 

reserved the right to appeal a claim of ineffective assistance of counsel. On 

appeal, Reyes-Martinez argues that his above-guidelines sentence was 

 

* 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

October 7, 2019

Lyle W. Cayce

Clerk

 Case: 19-60156 Document: 00515148117 Page: 1 Date Filed: 10/07/2019
No. 19-60156

2

substantively unreasonable. In lieu of filing a brief, the Government filed a 

motion for summary dismissal, seeking enforcement of the appeal waiver.

A defendant may waive the statutory right to appeal in a valid plea 

agreement. United States v. McKinney, 406 F.3d 744, 746 (5th Cir. 2005). 

“This court reviews de novo whether an appeal waiver bars an appeal.” United 

States v. Keele, 755 F.3d 752, 754 (5th Cir. 2014). In so doing, “we conduct a 

two-step inquiry: (1) whether the waiver was knowing and voluntary and (2) 

whether the waiver applies to the circumstances at hand, based on the plain 

language of the agreement.” United States v. Bond, 414 F.3d 542, 544 (5th Cir. 

2005). In this case, the record demonstrates that Reyes-Martinez knowingly 

and voluntarily waived his right to appeal, and the appellate waiver applies in 

this circumstance. See McKinney, 406 F.3d at 746; United States v. Portillo,

18 F.3d 290, 292 (5th Cir. 1994); United States v. Melancon, 972 F.2d 566, 567-

68 (5th Cir. 1992).

Accordingly, the Government’s motion for summary dismissal is 

GRANTED, and the appeal is DISMISSED.

 Case: 19-60156 Document: 00515148117 Page: 2 Date Filed: 10/07/2019
#### LENOVITZ *v.*KIMBALL.

Trial; Bill of Exceptions; Police Court.

When in the police court a defendant against whom rulings are made by the judge seasonably gives notice that he will apply to the court for a writ of error, but fails to present his bill of exceptions to the judge for settlement until the day his motion for a new trial is overruled, which is not within three days after verdict, the judge properly refuses to sign the bill of exceptions (construing rule 26 of this court, and following *Talty*v. *District of Columbia,*20 App. D. C. 489), and will not by mandamus be compelled to do so.

No. 337 Original.

Submitted December 6, 1909.

Decided December 10, 1909.

Hearing on a petition to this court for a writ of mandamus to compel one of the judges of the Police Court of the District of Columbia to settle a bill of exceptions. •

*Dismissed.*

The facts are stated in the opinion.

*Mr. John Ridout*for the petitioner.

*Mr. Daniel*W. *Baker,*United States Attorney for the District of Columbia, and *Mr. F. Sprigg Perry,*Assistant District Attorney, opposed.

Mr. Chief Justice Shepard

delivered the opinion of the Court:

On November 12, 1909, petitioner, Benjamin Lenovitz, was brought to trial in the police court of the District of Columbia, before the Honorable Ivory G. Kimball, one of the judges thereof, and a jury, upon the charge of keeping a disorderly house. On the trial, defendant prayed certain instructions to the jury, *212which were denied. He caused a note to be made by the judge that he would apply to the court of appeals for a writ of error. No bill of exceptions was then tendered. Having been found guilty by the jury, he filed a motion for a new trial on November 16th, 1909, which was overruled on November 26th, 1909. On that day defendant presented his bill of exceptions to the trial judge, but' the same is not exhibited in the' record. It is understood to embody the exception to the charge noted on November 12th. The trial judge refused to sign the hill of exceptions, because presented more than three days after the action of the court excepted to. This is a petition for a writ of mandamus to compel him to settle' the bill.

The rule of this court relating to bills of exceptions in the police court (No.. 25) requires not only that the defendant aggrieved by any action of the police court during a trial shall give notice of his intention to. apply,for a writ.of error,, but shall also present his bill of exceptions to the judge within three days ’ thereafter. The rule is plain, and must be followed. *Talty*v. *District of*Columbia, 20 App. D. C. 489. The defendant? having failed to comply with the rule, it was the duty of the judge to refuse to sign the bill of exceptions.

The petition is dismissed with costs. • *Dismissed.*
```

[Congressional Record Volume 141, Number 67 (Tuesday, April 25, 1995)]
[Senate]
[Page S5682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                              NOMINATIONS

  Executive nominations received by the Senate April 25, 1995:
                        the department of state

       Mosina H. Jordan, of New York, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to the Central African Republic.
       Lannon Walker, of Maryland, a Career Member of the Senior 
     Foreign Service, Class of Career Minister, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the Republic of Cote d'Ivoire.
       Sandra J. Kristoff, of Virginia, for the rank of Ambassador 
     during her tenure of service as U.S. Coordinator for Asia 
     Pacific Economic Cooperation (APEC).

                             the judiciary

       Terence T. Evans, of Wisconsin, to be U.S. Circuit Judge 
     for the Seventh Circuit, vice Richard D. Cudahy, retired.
       William A. Fletcher, of California to be U.S. Circuit Judge 
     for the Ninth Circuit, vice William Albert Norris, retired. 

```
Exhibit 23.1



Cawley,
Gillespie & Associates, Inc.



|                                 |  |                                    |  |                                  
|-------------------------------- |  | ---------------------------------- |  | ---------------------------------
|                                 |  | PETROLEUM CONSULTANTS              |  |                                  
|                                 |  |                                   
|13640 BRIARWICK DRIVE, SUITE 100 |  | 306 WEST SEVENTH STREET, SUITE 302 |  | 1000 LOUISIANA STREET, SUITE 1900
|AUSTIN, TEXAS 78729-1707         |  | FORT WORTH, TEXAS 76102-4987       |  | HOUSTON, TEXAS 77002-5008        
|512-249-7000                     |  | 817- 336-2461                      |  | 713-651-9944                     
|                                 |  | www.cgaus.com                      |  |                                  



CONSENT OF INDEPENDENT PETROLEUM ENGINEERS
AND GEOLOGISTS



We hereby consent
to the use of the oil and gas reserve information in the Permianville Royalty Trust Securities and Exchange Commission Form 10-K
for the year ended December 31, 2019, based on the reserve report dated February 4, 2020. We also consent to the inclusion
of our report dated February 4, 2020 as an exhibit to the Form 10-K.



| |                                        
| | ---------------------------------------
| |                                        
| |                                        
| | W. Todd Brooker, P.E.                  
| | Senior Vice President                  
| | Cawley, Gillespie & Associates, Inc.   
| | Texas Registered Engineering Firm F-693



Fort Worth, Texas

March 16, 2020
II 

113TH CONGRESS 

2D SESSION S. 2767 

To prohibit the fraudulent transfer of custody of unaccompanied alien 

children. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2014 

Mr. KIRK introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

To prohibit the fraudulent transfer of custody of 

unaccompanied alien children. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Combating Fraudulent 

5 Child Transfers Act’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 2767 IS

1 SEC. 2. FRAUD IN CONNECTION WITH THE TRANSFER OF 

2 CUSTODY OF UNACCOMPANIED ALIEN CHIL3 DREN. 

4 (a) IN GENERAL.—Chapter 47 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 1041. Fraud in connection with the transfer of cus8 tody of unaccompanied alien children 

9 ‘‘(a) IN GENERAL.—It shall be unlawful for a person 

10 to obtain custody of an unaccompanied alien child (as de11 fined in section 462(g) of the Homeland Security Act of 

12 2002 (8 U.S.C. 279(g)) if the person, in connection with 

13 obtaining such custody— 

14 ‘‘(1)(A) makes any materially false, fictitious, 

15 or fraudulent statement or representation; or 

16 ‘‘(B) makes or uses any false writing or docu17 ment knowing the same to contain any materially 

18 false, fictitious, or fraudulent statement or entry; 

19 and 

20 ‘‘(2) intends to subject the child to an offense 

21 under chapter 77 of this title (relating to peonage, 

22 slavery, and trafficking in persons). 

23 ‘‘(b) PENALTY.—Any person who violates, or at24 tempts or conspires to violate, this section shall be fined 

25 under this title and imprisoned for not more than 15 

26 years.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•S 2767 IS

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 47 of title 18, United States Code, is amended 

3 by inserting after the item relating to section 1040 the 

4 following: 

‘‘1041. Fraud in connection with the transfer of custody of unaccompanied alien 

children.’’. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS
Exhibit 31.1 

Certification of Chief Executive Officer 

I, James E. Dwyer, Jr., certify that: 

1. I have reviewed this annual report on Form 10-K of Michael Foods Group, Inc.; 

2. Based on my knowledge, this report 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 with respect to the period covered by this report; 

4. The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have: 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles; 

c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; 

d) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons performing the equivalent functions): 

a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting. 

Date: November 5, 2013 

    

 

    

    

 

    

----
Exhibit 31.1**CERTIFICATION**I, John C. Regan, certify that:1. I have reviewed this quarterly report on Form 10-Q of PDG Environmental, Inc; 2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect tothe period covered by this report; 3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report. 4. I am responsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: (i) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under my supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to meby others within those entities, particularly during the period in which this report isbeing prepared; (ii) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report my conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and (iii) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and; 5. I have disclosed, based upon my most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee of theregistrant’s Board of Directors (or persons performing the equivalent functions): (i) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and (ii) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.       By /s/John C. Regan         John C. Regan    Chief Executive OfficerDate: January 16, 2007
27