alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 90-352 IN THE SUPREME COURT OF THE STATE OF MONTANA

IN THE MATTER OF THE SEIZURE OF $2,589.00 in United States currency, 100 ounces of silver in various forms, 7 gold coins, a Chevroletpickup truck with white cab and orange body, and Tract 9-B Hannah Tracts and the residence, garage and other out-buildings located thereon at 7585 Theisen Road, Belgrade, MT

APPEAL FROM: District Court of the EighteenthJudicial District, In and for the County of Gallatin, The Honorable Larry W. Moran, Judge presiding.

COUNSEL OF RECORD: For Appellant: Hon.MarcRacicot,AttorneyGeneral,Helena,Montana Paul D. Johnson, Asst. Atty. General, Helena, Montana Mike Salvagni, County Attorney, Jennifer Bordy, Deputy, Bozeman,Montana For Respondent: Michael Cok, Attorney at Law, Bozeman,Montana

Filed: Submitted on Briefs: December 6, 1990 Decided: December 27, 1990Chief JusticeJ. A. Turnage delivered the Opinion of the Court.
TheGallatinCountyAttorney appeals fromtheorder dismissing thispetition for forfeiture, entered by the District Court of the Eighteenth Judicial District, Gallatin County. In October 1989, Peter Jacob Worts was charged with criminal sale of dangerous drugs and criminal possession with intent to sell,both felonies. In early November 1989, the Gallatin County Sheriff'sOffice filed a petition for forfeiture pursuant to 5 44- 12-201,MCA, arising from the same facts as the criminal charges. Subsequently, the Gallatin County Attorney's office and Worts entered a plea bargain agreement which included both the criminal and the forfeiture proceedings. The terms of the agreement were that Worts would pay $20,000 to the county drug forfeiture fund, the forfeiture petition would be dismissed, Worts would plead guilty to both criminal counts and the State would not recommend any fine in the criminal proceeding. After a May 7, 1990, sentencing hearing, the District Court issued an orderwhich, inter alia,required Worts topay a $20,000 fine as part of his criminal sentence and dismissed the civil forfeiture proceeding with prejudice. The County Attorney argues that the courthad no authority to dismiss the forfeiture proceeding. Under theplea bargain agreement, the criminal and forfeiture proceedings were to be disposed of jointly. Additionally, the transcripts show that the county attorney orally agreed that the District Court could dispose of the $20,000 as it may determine. 2

### We agree with the District Court that, 

### in these circumstances, its action was within its power to accept, reject or modify a plea agreement. Affirmed. Let remittitur issue forthwith. Pursuant to Section I,Paragraph 3(c),

### Montana Supreme Court 1988 

### InternalOperating Rules, this decision shall not be cited as precedent and shallbepublishedby its filing as apublic document with the Clerk of this Court and by a report of its result to the West Publishing Company.

We concur: Chief Justice

Justices
Exhibit 32.1

         Certification of Chief Executive Officer of FirstBank NW Corp.
           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 accompanying Annual Report on Form 10-K of
FirstBank NW Corp. ("the Company") for the year ended March 31, 2006 (the
"Report"), I, Clyde E. Conklin, Chief Executive Officer of the Company, hereby
certify pursuant to 19 U.S.C. Section 1350, as adopted to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

          o    The Report fully complies with the requirements of Sections 13(a)
               and 15(d) of the Securities Exchange Act of 1934, as amended, and

          o    The information contained in the Report fairly presents, in all
               material respects, the Company's financial condition and results
               of operations.


                                           /s/ CLYDE E. CONKLIN
                                           -------------------------------------
                                           Clyde E. Conklin
                                           President and Chief Executive Officer

Dated:  July 27, 2006
[Federal Register Volume 75, Number 24 (Friday, February 5, 2010)]
[Notices]
[Pages 5943-5944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2525]


=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the Utah Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights and the regulations 
of the Federal Advisory Committee Act (FACA), that a meeting of the 
Utah Advisory Committee will convene at 5:30 p.m. and adjourn at 8 p.m. 
(MST) on Thursday, February 25, 2010 at the 451 South State Street, 
Salt Lake City, UT 84111. The purpose of the meeting is for the 
committee to discuss recent Commission and regional activities, discuss 
current civil rights issues in the state and plan future activities. 
The Committee will also be briefed on education issues affecting 
minority students as it prepares to select a project topic.
    Members of the public are entitled to submit written comments; the 
comments must be received in the regional office by March 25, 2010. The

[[Page 5944]]

address is Rocky Mountain Regional Office, 1961 Stout Street, Suite 
240, Denver, CO 80294. Persons wishing to e-mail their comments, or who 
desire additional information should contact Malee Craft, Regional 
Director, at 303-866-1040 or by e-mail to: <a href="/cdn-cgi/l/email-protection#c3aea0b1a2a5b783b6b0a0a0b1eda4acb5"><span class="__cf_email__" data-cfemail="4a2729382b2c3e0a3f39292938642d253c">[email protected]</span></a>.
    Hearing-impaired persons who will attend the meeting and require 
the services of a sign language interpreter should contact the Regional 
Office at least ten (10) working days before the scheduled date of the 
meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission and FACA.

    Dated in Washington, DC, February 2, 2010.
Peter Minarik,
Acting Chief, Regional Programs Coordination Unit.
[FR Doc. 2010-2525 Filed 2-4-10; 8:45 am]
BILLING CODE 6335-01-P


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EXHIBIT 32.1



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 Merix Corporation (the Company) on Form 10-Q for the quarter ended August 27, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the Form 10-Q), I, Mark R. Hollinger, 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 Form 10-Q 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |                        
|---------------------- |  | -----------------------
|Dated October 11, 2005 |  | /s/ Mark R. Hollinger  
|                       |  | Mark R. Hollinger      
|                       |  | Chief Executive Officer
[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Notices]
[Page 61693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25219]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Coconino Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Coconino Resource Advisory Committee will meet in 
Flagstaff, Arizona. The purpose of the meeting is to receive training 
on Resource Advisory Committees and National Environmental Policy Act, 
Travel Reimbursement procedures, establish proposal meeting dates, and 
proposal outreach. No proposals will be heard at this meeting.

DATES: The meeting will be held October 28, 2010, beginning at 1 p.m. 
to approximately 4 p.m.

ADDRESSES: The meeting will be held in the Ponderosa Room of the 
Coconino County Health Department, 2625 N. King St., Flagstaff, Arizona 
86004. Send written comments to Brady Smith, RAC Coordinator, Coconino 
Resource Advisory Committee, c/o Forest Service, USDA, 1824 S. Thompson 
St., Flagstaff, Arizona 86001 or electronically to 
<a href="/cdn-cgi/l/email-protection#e6849487829f958b8f928ea68095c8808382c89395"><span class="__cf_email__" data-cfemail="90f2e2f1f4e9e3fdf9e4f8d0f6e3bef6f5f4bee5e3">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Brady Smith, Coconino National Forest, 
(928) 527-3490.

SUPPLEMENTARY INFORMATION: Agenda items for this meeting include 
discussion about (1) Training about Resource Advisory Committees; (2) 
Training about National Environmental Policy Act; (3) Travel 
Reimbursement procedures; (4) Options for project proposal outreach. 
The meeting is open to the public.

    Dated: September 30, 2010.
M. Earl Stewart,
Forest Supervisor, Coconino National Forest.
[FR Doc. 2010-25219 Filed 10-5-10; 8:45 am]
BILLING CODE 3410-11-P


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[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Notices]
[Page 62184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25310]


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

DEPARTMENT OF THE TREASURY

United States Mint


Notification of United States Mint Silver Eagle Bullion Coin 
Premium Increase

ACTION: Notification of United States Mint Silver Eagle Bullion Coin 
Premium Increase.

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

SUMMARY: The United States Mint is increasing the premium charged to 
Authorized Purchasers for American Eagle Silver Bullion Coins, a 
program authorized under 31 U.S.C. 5112(e).
    The United States Mint will increase the premium charged to 
Authorized Purchasers for American Eagle Silver Bullion Coins, from 
$1.50 to $2.00 per coin, for all orders accepted on or after October 1, 
2010.

FOR FURTHER INFORMATION CONTACT: B. B. Craig, Associate Director for 
Sales and Marketing; United States Mint; 801 9th Street, NW., 
Washington, DC 20220; or call 202-354-7500.

    Authority:  31 U.S.C. 5112(e)-(f) & 9701.

    Dated: October 4, 2010.
Andrew D. Brunhart,
Deputy Director, United States Mint.
[FR Doc. 2010-25310 Filed 10-6-10; 8:45 am]
BILLING CODE 4810-02-P
```

[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Notices]
[Page 61769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25171]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

Center for Scientific Review; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the Center for 
Scientific Review Special Emphasis Panel, October 29, 2010, 2 p.m. to 
October 29, 2010, 4 p.m., National Institutes of Health, 6701 Rockledge 
Drive, Bethesda, MD 20892 which was published in the Federal Register 
on September 23, 2010, 75 FR 57965-57967.
    The meeting times have been changed to 8:30 a.m. to 10:30 a.m. on 
October 29, 2010. The meeting date and location remain the same. The 
meeting is closed to the public.

    Dated: September 29, 2010.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-25171 Filed 10-5-10; 8:45 am]
BILLING CODE 4140-01-P
```
<TABLE> <S> <C>

<ARTICLE>                                      9
<CIK>                         0000921590
<NAME>                        VALLEY FINANCIAL CORP /VA/
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   JUN-30-2000
<CASH>                                         5,147
<INT-BEARING-DEPOSITS>                         75
<FED-FUNDS-SOLD>                               1,309
<TRADING-ASSETS>                               0
<INVESTMENTS-HELD-FOR-SALE>                    34,910
<INVESTMENTS-CARRYING>                         0
<INVESTMENTS-MARKET>                           0
<LOANS>                                        106,934
<ALLOWANCE>                                    1,073
<TOTAL-ASSETS>                                 151,953
<DEPOSITS>                                     121,507
<SHORT-TERM>                                   7,167
<LIABILITIES-OTHER>                            1,245
<LONG-TERM>                                    12,300
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       9,099
<OTHER-SE>                                     635
<TOTAL-LIABILITIES-AND-EQUITY>                 151,953
<INTEREST-LOAN>                                4,378
<INTEREST-INVEST>                              1,102
<INTEREST-OTHER>                               25
<INTEREST-TOTAL>                               5,505
<INTEREST-DEPOSIT>                             2,397
<INTEREST-EXPENSE>                             2,810
<INTEREST-INCOME-NET>                          2,695
<LOAN-LOSSES>                                  163
<SECURITIES-GAINS>                             0
<EXPENSE-OTHER>                                1,773
<INCOME-PRETAX>                                954
<INCOME-PRE-EXTRAORDINARY>                     954
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   684
<EPS-BASIC>                                    0.68
<EPS-DILUTED>                                  0.65
<YIELD-ACTUAL>                                 4.14
<LOANS-NON>                                    402
<LOANS-PAST>                                   1
<LOANS-TROUBLED>                               770
<LOANS-PROBLEM>                                193
<ALLOWANCE-OPEN>                               910
<CHARGE-OFFS>                                  0
<RECOVERIES>                                   0
<ALLOWANCE-CLOSE>                              1,073
<ALLOWANCE-DOMESTIC>                           1,073
<ALLOWANCE-FOREIGN>                            0
<ALLOWANCE-UNALLOCATED>                        1,043


</TABLE>
866 A.2d 170

#### IN THE MATTER OF FRANK J. COZZARELLI AN ATTORNEY AT LAW (ATTORNEY NO. 021501977).

January 24, 2005.

ORDER

FRANK J. COZZARELLI of BELLEVILLE, who was admitted to the bar of this State in 1977, having pleaded guilty to one count of knowingly and willfully attempting to evade federal income tax for calendar year 1996 in violation of 26 *U.S.C.A*7201, and good cause appearing;

It is ORDERED that pursuant to *Rule*1:20 — 18(b)(1), FRANK J. COZZARELLI is temporarily suspended from the practice of law pending the final resolution of ethics proceedings against him, effective immediately and until the further Order of this Court; and it is further

ORDERED that FRANK J. COZZARELLI be restrained and enjoined from practicing law during the period of his suspension; and it is further

ORDERED that FRANK J. COZZARELLI comply with *Rule*1:20-20 dealing with suspended attorneys.
[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Rules and Regulations]
[Page 60340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24660]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648


Fisheries of the Northeastern United States

CFR Correction

    In Title 50 of the Code of Federal Regulations, Parts 600 to 659, 
revised as of October 1, 2009, on page 639, in Sec.  648.92, remove the 
second paragraphs (b)(1)(iv) and (b)(1)(v).

[FR Doc. 2010-24660 Filed 9-29-10; 8:45 am]
BILLING CODE 1505-01-D
#### Manuel De Jesus DERAS, Appellant, v. The STATE of Florida, Appellee.

No. 3D10-2933.

District Court of Appeal of Florida, Third District.

Jan. 19, 2011.

Rehearing Denied March 11, 2011.

Manuel De Jesus Deras, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before RAMIREZ, C.J., and SUAREZ and ROTHENBERG, JJ.

ROTHENBERG, J.

The defendant, Manuel De Jesus Deras, appeals from the denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.

The defendant was charged with one count of DUI manslaughter and one count of leaving the scene of an accident involving a death. The defendant pled guilty and was sentenced to eleven years in prison.

*1024The charges stemmed from two car accidents. The defendant was involved in one accident which involved property damage only. He fled the scene of that accident and approximately five minutes later was involved in another accident, this time involving a death. The defendant was injured in the second accident and was airlifted to the hospital.

Following his conviction, the defendant filed a motion for postconviction relief alleging ineffective assistance of counsel and insufficient evidence to sustain a conviction. The motion was summarily denied. Following three additional motions for postconviction relief, the defendant filed the instant motion under rule 3.850, again alleging that the evidence was insufficient to support a conviction for the crimes to which he pled guilty. The trial court denied the motion as untimely.

We acknowledge that the defendant has made this argument in a previous postcon-viction motion, and that relief was denied. Nonetheless, if what the defendant claims is true, his claim should be revisited under the manifest injustice exception articulated in *State v. McBride,*848 So.2d 287, 291-92 (Fla.2003). If in fact, the defendant fled the scene of the first accident which, based on the citations submitted by the defendant in his appeal, only involved property damage, and he did *not*flee the scene of the second accident, which resulted in the death of the victim, then to deny the defendant relief would result in manifest injustice. If the defendant pled to a charge to which there was no factual basis, his trial counsel provided ineffective assistance of counsel resulting in manifest injustice. Thus, if the defendant did not flee from the second accident, he should be permitted to withdraw his plea as to leaving the scene of the accident involving death, the charge should be reduced to leaving the scene of an accident involving property damage, the offenses should be rescored, and the sentence for both offenses reconsidered.

Reversed and remanded.
(logo)**Deutsche Bank**

1761East St. Andrew Place

SantaAna, CA 92705-4934

 

Tel714 247 6000

Fax714 247 6009 

 

 

ANNUAL STATEMENT AS TO COMPLIANCE

 

COMM 2014-CCRE17

 

Theundersigned, David Co, a Director of Deutsche Bank Trust Company Americas, as theCertificate Administrator (a "Certifying Servicer'') under the Pooling andServicing Agreement, dated as of May 1, 2014 (the "Agreement"), byand among, Deutsche Mortgage & Asset Receiving Corporation, as Depositor,Midland Loan Services, a Division of PNC Bank, National Association, as MasterServicer, Midland Loan Services, a Division of PNC Bank, National Association,as Special Servicer, U.S. Bank National Association, as Trustee, Deutsche BankTrust Company Americas, as Certificate Administrator, Paying Agent andCustodian, and Park Bridge Lender Services LLC, as Operating Advisor, here bycertifies in accordance with Section 10.11 of the Agreement:

 

A)      A review of suchCertifying Servicer's activities from January 1, 2017 to December 31, 2017 (the"reporting period") and of such Certifying Servicer's performanceunder the Agreement has been made under such officer's supervision and

B)      That, as to thebest of such officer's knowledge, based on such review, such CertifyingServicer has fulfilled all its obligations under the Agreement, in all materialrespects throughout the reporting period.

 

DEUTSCHEBANK TRUST COMPANY AMERICAS

asCertificate Administrator

 

 

/s/David Co

BY:David Co 

Title:Director

Date:March 1, 2018
Amendment to Retention Agreement - Giovanni Coglitore



 Exhibit 10.4 
 AMENDMENT TO RETENTION AGREEMENT 
 WHEREAS, the parties hereto desire to amend that certain Retention Agreement (the “Agreement”) that was made as of January 9, 2007, by and between RACKABLE
SYSTEMS, INC. (the “Company”) and GIOVANNI COGLITORE ( “Executive”); and 
 WHEREAS, the Agreement may be modified and amended by a written agreement signed by the Company and Executive.

 NOW, THEREFORE, effective as of December 31, 2008 (the “Effective
Date”), the Agreement is hereby amended as follows: 
 1. Section 2.1(b) of the Agreement is hereby amended by adding a
comma and the following phrase to the end thereof: 
 “and such release must become effective not later than sixty (60) days
following the Executive’s termination of employment.” 
 2. Section 2.2(b) of the Agreement is hereby amended to read in its
entirety as follows: 
 “The cash payments provided under Section 2.1, since they are payable not later than March 15 of the
calendar year following the calendar year in which they are earned, are intended to quality for exemption from the requirements of Section 409A of the Code by reason of the application of the short-term deferral rule of Treasury Regulations
Section 1.409A-1(b)(4).” 
 Except as otherwise provided herein, the Agreement shall remain in full force and effect in accordance
with its existing terms. 
 The Company and Executive have each executed this Amendment to Retention Agreement on the dates set forth below,
effective as of the Effective Date. 
  

									
	RACKABLE SYSTEMS, INC.	 		 	GIOVANNI COGLITORE
				
	By:	 	 /s/ Mark Barrenechea
	 		 	 /s/ Giovanni Coglitore

		 		 		 	Signature
					
	Its:	 	 President and CEO
	 		 		 	
					
		 		 		 	Date:	 	 12/30/2008

	Date:	 	 12/31/2008
	 		 		 	

  

 1.