alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-7103

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CARMEN JOHNSON,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. 

George Jarrod Hazel, District Judge. (8:14-cr-00352-GJH-1; 8:18-cv-03461-GJH)

Submitted: December 11, 2020 Decided: December 22, 2020

Before GREGORY, Chief Judge, and WYNN and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Andrew Brooks Greenlee, ANDREW B. GREENLEE, P.A., Sanford, Florida, for 

Appellant. Dwight John Draughon, Jr., Assistant United States Attorney, OFFICE OF 

THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM: 

Carmen Johnson appeals the district court’s order denying her 28 U.S.C. § 2255 

motion and petition for a writ of error coram nobis.*

 We have reviewed the record and find 

no reversible error. Accordingly, we affirm for the reasons stated by the district court. 

United States v. Johnson, Nos. 8:14-cr-00352-GJH-1, 8:18-cv-03461-GJH (D. Md. filed 

June 16, 2020; entered June 17, 2020). We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials before this court and 

argument would not aid the decisional process. 

AFFIRMED 

* Johnson does not challenge that portion of the district court’s order denying her 

§ 2255 motion and, thus, she need not obtain a certificate of appealability from this court.
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED December 14, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-50914 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ANDRES LORETO GUTIERREZ-MARTINEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:04-CR-993-ALL

-------------------- Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Andres Loreto Gutierrez-Martinez raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
664 A.2d 494

#### IN THE MATTER OF CARLOS A. FERREIRA, AN ATTORNEY AT LAW.

September 27, 1995.

ORDER

The Disciplinary Review Board having filed a report with the Court, recommending that CARLOS A. FERREIRA of LAKEWOOD, who was admitted to the bar of this State in 1988, be temporarily suspended from the practice of law and compelled to pay a monetary sanction for failure to pay a fee arbitration award, and said CARLOS A. FERREIRA having failed to appear on the return date of the Order to Show Cause, and good cause appearing;

It is ORDERED that CARLOS A. FERREIRA is hereby temporarily suspended from the practice of law, effective immediately, and until the further Order of the Court; and it is further

ORDERED that CARLOS A. FERREIRA pay a sanction in the amount of $500 to the Disciplinary Oversight Committee within thirty days of the filing date of this Order; 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 be restrained and enjoined from practicing law during the period of his suspension and that he comply with *Rule*1:20-20.
* After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral argument. SeeFed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. FILED United States Court of Appeals Tenth Circuit 

### June 10, 2009 Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v. RAMIRO URBINA RAMIREZ, a/k/a Jesus Salvador Vega-Geronimo, a/k/a Ramiro Urbana, a/k/a Jesus Salvador Vega, Defendant-Appellant. No. 08-1281 (D.C. No. 1:07-cr-00480-REB-1) (D. Colo.)

ORDER AND JUDGMENT *
Before O’BRIEN , Circuit Judge, BRORBY , Senior Circuit Judge, and GORSUCH , Circuit Judge. This matter is before the court following our receipt of notice that Appellant Ramiro Urbina Ramirez was removed to Mexico on March 17, 2009. We directed the parties to respond in writing whether this appeal is moot. On-2- May 4, 2009, the government filed its response confirming that Mr. Ramirez was removed from the United States and requesting dismissal on the grounds of mootness. See United States v. Vera-Flores , 496 F.3d 1177, 1180-81 (10th Cir. 2007). Counsel for Mr. Ramirez does not dispute the factual or legal basis of the government’s position and does not oppose the motion to dismiss. We have reviewed the record, the parties’ materials, and the relevant legal authority, and we agree that this matter is moot. Accordingly, this appeal is DISMISSED.
Entered for the Court

Neil M. Gorsuch Circuit Judge
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                    
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                -                       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.                  

###### Commission on Civil Rights

                    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that an orientation and planning meeting of the New Mexico Advisory Committee to the Commission will convene at 1:00 p.m. (MDT) on Tuesday, February 10, 2015, in the Wells Fargo Board Room, Albuquerque Hispano Chamber of commerce, 1309 Fourth Street NW., Albuquerque, NM 87102. The purpose of the orientation meeting is to inform the newly appointed Committee members about the rules of operation of federal advisory committees and to select additional officers, as determined by the Committee. The purpose of the planning meeting is to discuss potential topics that the Committee may wish to study.                          ( print page 2393)    

                    Persons who desire additional information may contact the Rocky Mountain Regional Office, U.S. Commission on Civil Rights, 1961 Stout Street, Suite 13-201, Denver, CO 80294, phone 303-866-1040 and fax 303-866-1050, or email to Evelyn Bohor at                     *ebohor@usccr.gov.*

Persons needing accessibility services should contact the Rocky Mountain Regional Office at least 10 working days before the scheduled date of the meeting.

                    Records generated from this meeting may be inspected and reproduced at the Rocky Mountain Regional Office, as they become available, both before and after the meeting. Persons interested in the word of this advisory committee are advised to go to the Commission's Web site,                     *www.usccr.gov,*                     or to contact the Rocky Mountain Regional Office at the above phone number, email or street address.                

The meeting will be conducted pursuant to the provision of the rules and regulations of the Commission and FACA.

Dated January 12, 2015.

David Mussatt,

Chief, Regional Programs Coordination Unit.

[FR Doc. 2015-00581 Filed 1-15-15; 8:45 am]

BILLING CODE 6335-01-P
EX-31 Rule 13a-14(d)/15d-14(d) Certification.

  Wells Fargo Asset Securities Corporation
  Mortgage Pass-Through Certificates,
  Series 2007-AR3

  I, Joshua Kelly, certify that:

  1.I have reviewed this report on Form 10-K and all reports on Form 10-D
    required to be filed in respect of the period covered by this report on
    Form 10-K of the Wells Fargo Asset Securities Corporation, Mortgage
    Pass-Through Certificates, Series 2007-AR3 Trust (the
    "Exchange Act Periodic Reports");

  2.Based on my knowledge, the Exchange Act Periodic Reports, taken as a
    whole, do 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;

  3.Based on my knowledge, all of the distribution, servicing and other
    information required to be provided under Form 10-D for the period
    covered by this report is included in the Exchange Act Periodic Reports;

  4.I am responsible for reviewing the activities performed by the Master
    Servicer and based upon my knowledge and the compliance review
    conducted in preparing the servicer compliance statement required in
    this report under Item 1123 of Regulation AB, and except
    as disclosed in the Exchange Act Periodic Reports, the Master Servicer
    has fulfilled its obligations under the pooling and servicing agreement,
     dated March 21, 2007, among Wells Fargo Asset Securities Corporation,
    as depositor, Wells Fargo Bank, N.A., as master
    servicer, and HSBC Bank USA, National Association, as trustee;  in all
    material respects; and

  5.All of the reports on assessment of compliance with the servicing
    criteria for asset-backed securities and their related attestation
    reports on assessment of compliance with servicing criteria for
    asset-backed securities required to be included in this report in
    accordance with Item 1122 of Regulation AB and Exchange Act Rules
    13a-18 and 15d-18 have been included as an exhibit to this report,
    except as otherwise disclosed in this report. Any material instances of
    noncompliance described in such reports have been disclosed in this
    report on Form 10-K.

    Dated:   March 24, 2008


    /s/ Joshua Kelly
    Signature

    Vice President
    (senior officer in charge of the servicing function of the master
    servicer)
TERRY PERRY

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 3028

____________ _________________/

Opinion filed November 13, 2015.

An appeal from the Circuit Court for Duval County

. Mark Hulsey , III , Judge

.

W illiam J. Sheppard , Elizabeth L. White, Matthew R. Kachergus, and Bryan E. DeMaggio of Sheppard, White, Kachergus & DeMaggio , P.A., Jacksonville , for Appellant.

Pamela Jo Bondi, Attorney General, and David Campbell, Assistant Attorney General, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

WETHERELL

, ROWE

, and RAY

, J J

. , CONCUR.
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 First Surgical Partners Inc. (the “Company”) on Form 10-K for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Anthony F. Rotondo, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350 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.





April 15, 2011
By:
/s/ Anthony F. RotondoAnthony F. RotondoChief Executive Officer and President (Principal Financial and Accounting Officer)










CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of First Surgical Partners Inc. (the “Company”) on Form 10-K for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Don Knight, Principal Financial and Accounting Officer of the Company, certify, pursuant to 18 U.S.C. section 1350 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.





April 15, 2011
By:
/s/ Don KnightDon KnightVice President, Finance (Principal Accounting and Financial Officer)
#### IN THE MATTER OF T.M., a minor child

No. 243A07

(Filed 9 November 2007)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 182 N.C. App.-, 643 S.E.2d 471 (2007), affirming an order entered 12 July 2006 by Judge P. Gwynett Hilbum in District Court, Pitt County. Heard in the Supreme Court 17 October 2007.

*Marie Inserra and Janis Gallagher for petitioner-appellee Pitt County Department of Social Services.*

*Hall & Hall Attorneys at Law, P.C., by Susan P. Hall, for respondent-appellant father.*

PER CURIAM.

AFFIRMED.

Justice HUDSON did not participate in the consideration or decision of this case.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3741 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                         July 28, 2006.

    Resolved, That the bill from the Senate (S. 3741) entitled ``An Act to 
provide funding authority to facilitate the evacuation of persons from Lebanon, 
and for other purposes'', do pass with the following

                               AMENDMENT:

    Strike subsection (a) of section 1, and insert the following new subsection 
(a):
    (a) Increase in Available Funds for Emergency Evacuations.--
Notwithstanding the transfer restrictions under section 402 of the 
Science, State, Justice, Commerce, and Related Agencies Appropriations 
Act, 2006 (Public Law 109-108), the second proviso under the headings 
``DEPARTMENT OF STATE AND RELATED AGENCY - DEPARTMENT OF STATE - 
Administration of Foreign Affairs - diplomatic and consular programs'' 
is amended by striking ``$4,000,000'' and inserting ``$19,000,000''.
            Attest:

                                                                          Clerk.
109th CONGRESS

  2d Session

                                S. 3741

_______________________________________________________________________

                               AMENDMENT
```
----

----

| 100      Chestnut StreetSuite 1200Rochester, NY 14604Phone 585 / 423-1860Fax      585 / 423-5966www.mengelmetzgerbarr.com   An      Independent Member of the BDO Seidman Alliance |        |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|                                                                                                                                                                                                                            |   |
| Additional      Offices / Elmira, New York / Hornell, New York / Ithaca, New  York                                                                                                                                              |

|   |   | Very      truly yours,                   |   |
|--------|--------|------------------------------------------|--------|
|   |   |                                     |   |
|   |   |                                     |   |
|   |   |                                          |
|   |   |                                     |   |
|   |   | MENGEL, METZGER,      BARR & CO. LLP |   |
EXHIBIT 32.1

        CERTIFICATION CHIEF EXECUTIVE OFFICER AND ACTING CHIEF FINANCIAL
      OFFICER OF NT MEDIA CORP. OF CALIFORNIA, INC. PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002
             (SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF
                          TITLE 18, UNITED STATES CODE)

      Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of section 1350, chapter 63 of Title 18, United States Code), the
undersigned officer of NT Media Corp. of California, Inc., a Delaware
corporation (the "Company"), does hereby certify with respect to the Quarterly
Report of the Company on Form 10-QSB for the quarter ended March 31, 2005 as
filed with the Securities and Exchange Commission (the "10-QSB Report") that:

      (1)   the 10-QSB 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 10-QSB Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.

Dated:  September 20, 2005           NT MEDIA CORP. OF
                                     CALIFORNIA, INC.

                                     /s/ Ali Moussavi
                                     -------------------------------------------
                                     Ali Moussavi
                                     President, Chief Executive Officer
                                     and Acting Chief Financial Officer

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


                                    Page 30
II 

109TH CONGRESS 

2D SESSION S. 3749 

To suspend temporarily the duty on certain parts and accessories for 

measuring or checking instruments. 

IN THE SENATE OF THE UNITED STATES 

JULY 27 (legislative day, JULY 26), 2006 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain parts and 

accessories for measuring or checking instruments. 

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

3 SECTION 1. CERTAIN PARTS AND ACCESSORIES FOR MEAS4 URING OR CHECKING INSTRUMENTS. 

5 (a) IN GENERAL.—Subchapter II of chapter 99 of 

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 


wwhite on PROD1PC61 with BILLS
2 

•S 3749 IS 

‘‘ 9902.90.31 Parts and accessories of instruments and 

apparatus for measuring or checking 

electrical quantities, specially designed 

for telecommunications (provided for in 

subheading 9030.90.88), not including 

subassemblies containing one or more 

printed circuit assemblies, specially designed for telecommunications (provided 

for in subheading 9030.90.88) ................ Free No change No change On or before 

12/31/2009 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


wwhite on PROD1PC61 with BILLS
#### In the Matter of Trustees of Columbia University, Petitioner, v City of New York et al., Respondents.

[973 NYS2d 56]

Determination of respondents, dated October 27, 2011, finding petitioner in violation of Administrative Code of City of NY § 28-301.1, and imposing a penalty of $5,000, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Alexander W Hunter Jr., J.], entered May 15, 2012), dismissed, without costs.

The subject petition does not contest that a worker was killed in petitioner’s building when he fell from a scaffold into an elevator shaft, which was secured only by plastic sheeting. Since no substantial evidence question is raised, as the issues involve statutory interpretation, the matter should not have been transferred to this Court. However, in the interest of judicial economy, we will retain jurisdiction and decide the merits *(see Matter of Heisler v Scappaticci,*81 AD3d 954 [2d Dept 2011]; *see also Matter of DeMonico v Kelly,*49 AD3d 265 [1st Dept 2008]).

Petitioners were properly found to have violated Administrative Code § 28-301.1. Respondents’ interpretation of section 28-301.1 is entitled to deference, since the agency was responsible for administering the statute and its interpretation is reasonable and comports with the plain language of that provision *(see Matter of Partnership 92 LP & Bldg. Mgt. Co., Inc. v State of N.Y. Div. of Hous. & Community Renewal,*46 AD3d 425, 428-429 [1st Dept 2007], *affd*11 NY3d 859 [2008]). We see no conflict between an owner’s duty to maintain its premises in a safe condition under Administrative Code § 28-301.1, and a contractor’s duty to safeguard a construction site under New York City Building Code (Administrative Code of City of NY, tit 28, ch 7) § BC 3301.2. Concur — Gonzalez, P.J., Mazzarelli, Andrias and DeGrasse, JJ.