alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Notices]
[Page 62439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25594]


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

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold Closed Meetings on Wednesday, October 
13, 2010 at 11:30 a.m., and Thursday, October 14, 2010 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meetings. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the 
scheduled matters at the Closed Meetings.
    Commissioner Aguilar, as duty officer, voted to consider the items 
listed for the Closed Meetings in closed sessions.
    The subject matter of the Closed Meeting scheduled for Wednesday, 
October 13, 2010 will be:

Institution of injunctive actions;
Institution of administrative proceedings; and
Other matters relating to enforcement proceedings.

    The subject matter of the Closed Meeting scheduled for Thursday, 
October 14, 2010 will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
An adjudicatory matter; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact:
    The Office of the Secretary at (202) 551-5400.

    Dated: October 6, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-25594 Filed 10-6-10; 4:15 pm]
BILLING CODE 8011-01-P
**Exhibit 31.2**

 

**CERTIFICATION**

 

I,Robert H. Barghaus, Vice President and Chief Financial Officer of Blyth, Inc.,certify that:

 

1.                  I have reviewed this quarterly report on Form 10-Qof Blyth, Inc.;

 

2.                  Based on my knowledge, this report does not containany untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.                  Based on my knowledge, the financial statements, andother financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;

 

4.                 The registrant’s other certifying officer(s) andI are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e))for the registrant and have:

 

(a)  Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, 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 report is being prepared;

 

(b)  Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

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

 

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

 

(a) All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

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

 

Date: June 5,2008

 
| /s/  Robert H. Barghaus                    |   |
|--------------------------------------------|--------|
| Robert H. Barghaus                         |
| Vice President and Chief Financial Officer |

 

 

----
Hennion & Walsh, Inc. 487


Exhibit 4.1



 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


240 Greenwich
Street, 22W Floor, New York, NY 10286


 


 


 


November 30, 2021


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


SmartTrust 544 (the “Fund”)


 


Dear Sirs:


The Bank of New York Mellon
is acting as trustee for the Fund, consisting of the unit investment trust (the “Trust”) included in the Registration
Statement relating to the Fund. We enclosed a list of the securities to be deposited in the Trust on the date hereof. The prices indicated
therein reflect our evaluation of such securities as of close of business on November 29, 2021, in accordance with the valuation method
set forth in the applicable Standard Terms and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New
York Mellon as the party performing the evaluations of the Trust securities in the Registration Statement (No. 333-258834) filed with
the Securities and Exchange Commission with respect to the registration of the sale of the Units of the Trust and to the filing of this
consent as an exhibit thereto.


 


Very truly yours,


 


/s/ GERARDO CIPRIANO                    


Gerardo Cipriano


Vice President
584 A.2d 248

#### STATE OF NEW JERSEY v. EVERETT MCGLOTTEN.

June 11, 1990.

Petition for certification denied.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information from consolidated financial
statements for the period ending September 30, 2000 and is qualified in its
entirety by refernce to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          17,189
<SECURITIES>                                         0
<RECEIVABLES>                                   28,846
<ALLOWANCES>                                       420
<INVENTORY>                                          0
<CURRENT-ASSETS>                                50,278
<PP&E>                                         586,922
<DEPRECIATION>                                  93,496
<TOTAL-ASSETS>                                 663,613
<CURRENT-LIABILITIES>                           24,555
<BONDS>                                        326,828
<COMMON>                                           361
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     292,011
<TOTAL-LIABILITY-AND-EQUITY>                   663,613
<SALES>                                         91,148
<TOTAL-REVENUES>                                91,148
<CGS>                                           93,421
<TOTAL-COSTS>                                   93,421
<OTHER-EXPENSES>                                 1,053
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              23,109
<INCOME-PRETAX>                               (21,796)
<INCOME-TAX>                                   (6,966)
<INCOME-CONTINUING>                           (14,830)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    715
<CHANGES>                                            0
<NET-INCOME>                                  (14,115)
<EPS-BASIC>                                    (.45)
<EPS-DILUTED>                                    (.45)


</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Segundo REGALADO-FRIAS, Defendant-Appellant.

No. 98-10055.

D.C. No. CR-97-00027-LDG.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 15, 2000.1

Decided Jan. 2, 2001.

Before SCHROEDER, NOONAN, and W. FLETCHER, Circuit Judges.

1

. The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a).

MEMORANDUM2

Defendant Segundo Regalado-Frias pleaded guilty to two criminal charges for trafficking in methamphetamine. He appeals the sentence imposed by the district court.

Mr. Regalado-Frias received a sentence of 235 months of incarceration. The district judge arrived at this sentence in the following manner: Regalado-Frias had eighteen criminal history points, yielding a criminal history category of six, which indicated a sentencing range of 188 to 235 months, given the drug amounts involved. The district court assigned a sentence at the “upper end” of that range based largely on its assessment of Regalado-Frias *622criminal history; in its view, the defendant’s willingness to violate the law repeatedly indicated that “leniency was not appropriate at all.” Regalado-Frias appeals the decision to impose a sentence at the upper end of the range because he believes that it impermissibly “double counted” his criminal history.

The cases cited by petitioner in support of this argument examine multiple considerations of the same criminal conduct during the calculation of the appropriate sentencing range under the Guidelines. In contrast, the district court in this case properly calculated an appropriate sentencing range for Regalado-Frias based on his criminal history, and then selected a sentence from that range based on its evaluation of the petitioner’s propensity for recidivism. Even if this involved consideration of certain facts more than once, it does not constitute “double counting” as we have defined that term.

Because the appropriate sentencing range under the Guidelines is not in question, we lack jurisdiction to hear this appeal. 18 U.S.C. § 8742(a) allows this court to hear appeals of criminal sentences in four circumstances. Because “none of [these circumstances] characterizes a district court’s discretionary decision to sentence at a particular place within the applicable Guidelines range,” we are unable to review the district court’s determination of Mr. Regalado-Frias’ sentence within the sentencing range. *United States v. Reed,*914 F.2d 1288, 1290 (9th Cir.1990); *see also United States v. Young,*988 F.2d 1002, 1004 (9th Cir.1993) (“This court lacks jurisdiction to review the district court’s discretionary selection of a sentence within a properly calculated guideline range.”).

Accordingly, the sentence imposed by the district court is AFFIRMED.

2

. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
EXHIBIT
32.2





HERITAGE
OAKS BANCORP




Quarterly
report on Form 10Q


for the
quarter ended March 31, 2010





CERTIFICATION




Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002





The
undersigned, who is the Chief Financial Officer of Heritage Oaks Bancorp (the
“Company”), hereby certifies, pursuant to 18 USC Section 1350,  that,
to my knowledge,  (i) the Quarterly Report on Form 10Q for the quarter
ended March 31, 2010, as filed by the Company with the Securities and Exchange
Commission (the “Quarterly Report”), to which this Certification is an Exhibit,
fully complies with the applicable requirements of Section 13(a) and 15(d) of
the Exchange Act; and (ii) the information contained in this Quarterly Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.





Dated:  May
      5, 2010
              /s/ Margaret A. TorresMargaret
      A. TorresExecutive
      Vice PresidentChief
      Financial Officer(Principal
      Financial and Accounting
Officer)





A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to Heritage Oaks Bancorp, and will be retained
by Heritage Oaks Bancorp and furnished to the Securities and Exchange Commission
or its staff upon request.
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute on Deafness and Other Communication Disorders, Special Emphasis Panel, CDRC Conflicts.                    

*Date:*                         October 26, 2010.                    

*Time:*                         1 p.m. to 4 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 6120 Executive Blvd., Rockville, MD 20852 (Telephone Conference Call).                    

*Contact Person:*                         Christine A. Livingston, PhD, Scientific Review Officer, Division of Extramural Activities, National Institutes of Health/NIDCD, 6120 Executive Blvd.—MSC 7180, Bethesda, MD 20892, (301) 496-8683,                         *livingsc@mail.nih.gov.*

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.173, Biological Research Related to Deafness and Communicative Disorders, National Institutes of Health, HHS)

Dated: October 5, 2010.

Jennifer S. Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-25604 Filed 10-8-10; 8:45 am]

BILLING CODE 4140-01-P
**BankAtlantic Bancorp, Inc.**
Exhibit 31.1
I, James A. White, certify that:
 1. I have reviewed this quarterly report on Form 10-Qof BankAtlantic Bancorp, Inc.;  2. Based on my knowledge, this quarterly report doesnot contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, inlight of the circumstances under which such statements weremade, not misleading with respect to the period covered by thisquarterly report;  3. Based on my knowledge, the financial statements,and other financial information included in this quarterlyreport, fairly present in all material respects the financialcondition, results of operations and cash flows of theregistrant as of, and for, the periods presented in thisquarterly report;  4. The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the registrant and have:
 a. designed such disclosure controls andprocedures, or caused such disclosure controls andprocedures to be designed under our supervision, toensure that material information relating to theregistrant, including its consolidated subsidiaries, ismade known to us by others within those entities,particularly during the period in which this quarterlyreport is being prepared;  b. evaluated the effectiveness of theregistrant’s disclosure controls and procedures andpresented in this quarterly report our conclusions aboutthe effectiveness of the disclosure controls andprocedures, as of the end of the period covered by thisquarterly report based on such evaluation; and  c. disclosed in this report any change inthe registrant’s internal control over financialreporting that occurred during the registrant’s mostrecent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the registrant’sinternal control over financial reporting; and
 5. The registrant’s other certifying officer and Ihave disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditorsand the audit committee of registrant’s board of directors (orpersons performing the equivalent functions):
 a. all significant deficiencies andmaterial weaknesses in the design or operation ofinternal control over financial reporting which arereasonably likely to adversely affect the registrant’sability to record, process, summarize and reportfinancial information; and  b. any fraud, whether or not material,that involves management or other employees who have asignificant role in the registrant’s internal controlover financial reporting.
Date: August 9, 2004   By: /s/ James A. White  James A. White, Chief Financial Officer
867 A.2d 1146

#### IN THE MATTER OF KATHLEEN SCOTT CHASAR, AN ATTORNEY AT LAW (ATTORNEY NO. 006911996).

February 25, 2005.

ORDER

The Disciplinary Review Board having filed with the Court its decision in DRB 04-256, concluding that KATHLEEN SCOTT CHASAR of LAWRENCEYILLE, who was admitted to the bar of this State in 1996, should be suspended from the practice of law for a period of three months for violating *RPC*3.3(a)(1) (false statement of material fact or law to a tribunal), *RPC*3.3(a)(4) (offering evidence lawyer knows to be false), *RPC*4.1(a) (false statement of material fact to a third person), and *RPC*8.4(a) (dishonesty, fraud, deceit or misrepresentation), and good cause appearing;

It is ORDERED that KATHLEEN SCOTT CHASAR is suspended from the practice of law for a period of three months and until the further Order of the Court, effective March 23, 2005; and it is further

ORDERED that pursuant to *Rule*l:20-20(c), respondent’s failure to comply with the Affidavit of Compliance requirement of *Rule*l:20-20(b)(15) may (1) preclude the Disciplinary Review Board from considering respondent’s petition for reinstatement for a period of up to six months from the date respondent files proof of compliance; (2) be found to constitute a violation of *RPC*8.1(b) and *RPC*8.4(c); and (3) provide a basis for an action for contempt pursuant to *Rule*1:10-2; and it is further

ORDERED that the entire record of this matter be made a permanent part of respondent’s file as an attorney at law of this State; and it is further

ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs incurred in the prosecution of this matter.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains financial information extracted from the Consolidated
Balance Sheet as of September 30, 1999 and the Consolidated Statement of
Operations for the nine month period ended September 30, 1999 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          12,592
<SECURITIES>                                    20,800
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                34,316
<PP&E>                                           8,410
<DEPRECIATION>                                 (5,530)
<TOTAL-ASSETS>                                  37,808
<CURRENT-LIABILITIES>                            4,143
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<PREFERRED-MANDATORY>                                0
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<COMMON>                                       109,943
<OTHER-SE>                                    (85,909)
<TOTAL-LIABILITY-AND-EQUITY>                    37,808
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   17,526
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 682
<INCOME-PRETAX>                               (16,642)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (16,642)
<DISCONTINUED>                                       0
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</TABLE>