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

FOR THE FIFTH CIRCUIT

No. 19-30544

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff–Appellee,

v.

TIMOTHY JACKSON VAN MOL,

Defendant–Appellant.

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 1:18-CR-330-1

Before OWEN, Chief Judge, and SOUTHWICK and WILLETT, Circuit Judges.

PER CURIAM:*

Timothy Jackson Van Mol appeals the within-guidelines 18-month 

sentence imposed following his guilty plea to possession of a firearm by a 

convicted felon, in violation of 18 U.S.C. § 922(g)(1). He argues that his 

sentence was substantively unreasonable because it was greater than 

necessary to achieve the goals of 18 U.S.C. § 3553(a). He also contends that 

the district court erred by considering his bare arrest record. Although he 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

March 30, 2020

Lyle W. Cayce

Clerk

 Case: 19-30544 Document: 00515364951 Page: 1 Date Filed: 03/30/2020
No. 19-30544

2

frames this in terms of substantive reasonableness, we have considered this

issue in terms of procedural error. See United States v. Harris, 702 F.3d 226, 

229 (5th Cir. 2012). 

We review Van Mol’s unpreserved challenge to the consideration of the 

bare arrest record for plain error. See Puckett v. United States, 556 U.S. 129, 

135 (2009); United States v. Neal, 578 F.3d 270, 272 (5th Cir. 2009). Contrary 

to Van Mol’s assertions, the district court did not expressly refer to or rely on

his bare arrest record at sentencing, nor did the probation officer recommend 

a variance or departure based on the bare arrest record. The court’s comments 

at sentencing of which Van Mol complains were at most ambiguous. Thus, any 

error was not clear or obvious. See Puckett, 556 U.S. at 135.

With respect to substantive reasonableness, we assume that Van Mol 

preserved that issue by making the same arguments for a downward variance 

that he raises here, notwithstanding the lack of objection to reasonableness. 

Cf. Holguin-Hernandez v. United States, 140 S. Ct. 762, 766 (2020). The record 

shows that the court listened to his mitigating arguments and considered the 

18 U.S.C. § 3553(a) factors. Van Mol fails to overcome the presumption of 

reasonableness that applies to within-guidelines sentences by showing that the 

sentence failed to account for significant factors, gave weight to an improper 

factor, or represented a clear error of judgment in balancing the sentencing 

factors. See United States v. Rashad, 687 F.3d 637, 644 (5th Cir. 2012); United 

States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). To the extent his argument 

regarding consideration of the bare arrest record implicates substantive 

reasonableness, it fails for the same reasons set out above.

The judgment of the district court is AFFIRMED.

 Case: 19-30544 Document: 00515364951 Page: 2 Date Filed: 03/30/2020
Exhibit 35
                                  ----------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWABS, INC.
                 CWABS ASSET-BACKED CERTIFICATES TRUST 2007-2
                   ASSET-BACKED CERTIFICATES, SERIES 2007-2


         The undersigned does hereby certify that the undersigned is an
officer of Countrywide GP, Inc., general partner of Countrywide Home Loans
Servicing LP (the "Master Servicer"), and does hereby further certify pursuant
to Section 3.17 of the Pooling and Servicing Agreement for the above-captioned
Series (the "Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under my supervision; and

(ii) To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout such calendar year.




/s/ Craig Baingo                                         Dated: March 14, 2008
-----------------

Craig Baingo
Executive Vice President, Finance
#### UNITED STATES of America, Plaintiff—Appellee, v. Benjamin Franklin SCOTT, Defendant—Appellant.

No. 09-6320.

United States Court of Appeals, Fourth Circuit.

Submitted: May 6, 2009.

Decided: May 27, 2009.

Benjamin Franklin Scott, Appellant Pro Se. Robert Hugh McWilliams, Jr., Assistant United States Attorney, Wheeling, West Virginia, for Appellee.

Before MICHAEL, MOTZ, and KING, Circuit Judges.

Dismissed by unpubhshed PER CURIAM opinion.

Unpubhshed opinions are not binding precedent in this circuit.

PER CURIAM:

Benjamin Franklin Scott seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp.2008) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of ap-pealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Scott has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the ap*247peal. 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.

*DISMISSED.*
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

Pursuant to Section 906 of the Public Company Accounting Reform and Investor
Protection Act of 2002 (18 U.S.C. 1350, as adopted), Robert Auduon, the
President and CEO of Arkson Nutraceuticals, Inc., (the "Company"), and Agatha
Auduon, the Treasurer and CFO of the Company each hereby severally certifies
that, to the best of his or her knowledge:

     1)   The Annual Report on Form 10-KSB of the Company for the period ended
          June 30, 2007 (the "Annual Report"), fully complies with the
          requirements of Section 13(a) or Section 15(d) of the Securities
          Exchange Act of 1934, as amended; and

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

Dated: August 13, 2007
                                      /s/ Robert Auduon
                                      ------------------------------------------
                                      Robert Auduon
                                      President and Principal Executive Officer



                                      /s/ Agatha Auduon
                                      ------------------------------------------
                                      Agatha Auduon
                                      Principal Accounting and Financial Officer
#### In the Matter of Saddiqa Fazal, Petitioner, v Matthew M. Wambua, as Commissioner of New York City Department of Housing Preservation & Development, Respondent.

[963 NYS2d 582]

Determination of respondent, dated November 22, 2011, terminating petitioner’s participation in the Section 8 Housing Choice Voucher program, 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 July 20, 2012) dismissed, without costs.

The determination was supported by substantial evidence *(.300 Gramatan Ave. Assoc. v State Div. of Human Rights,*45 NY2d 176, 180 [1978]). Indeed, joint federal income tax returns filed by petitioner and her husband demonstrate that she intentionally misrepresented the household’s income during annual Section 8 recertifications in 2008, 2009, and 2010, resulting in a significant subsidy overpayment.

Given the Court of Appeals’ decision in *Matter of Perez v Rhea*(20 NY3d 399 [2013]), the penalty imposed does not shock our sense of fairness.

We have considered petitioner’s remaining arguments and find them unavailing.

Concur—Tom, J.P, Acosta, Feinman and Clark, JJ.
EX-35.1
(logo) EMC
Mortgage Corporation


ITEM 1123 ANNUAL STATEMENT OF COMPLIANCE

EMC MORTGAGE CORPORATION

The undersigned officers of EMC Mortgage Corporation ("EMC") as servicer
pursuant to the Bear Stearns ALT-A Trust 2007-2 Agreement (the "Agreement")
hereby certify that:

1.   A review of EMC's activities during the period from and including January
     1, 2007 through and including December 31, 2007 (the ""Reporting Period")
     and EMC's performance under the Agreement has been made under my
     supervision.

2.   To the best of my knowledge, based on such review, EMC has fulfilled all of
     its obligations under the Agreement in all material respects throughout the
     Reporting Period.


IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 12th
day of March 2008.


By: /s/ David B. Little
David B. Little
Executive Vice President
Default Administration

/s/ William Glasgow Jr.
William Glasgow Jr.
Executive Vice President
Enterprise Operations Services

/s/ Jenna Kemp
Jenna Kemp
Executive Vice President
Investor Administration


(logo) MBA Member
Mortgage Bankers
Association of America

2780 Lake Vista Drive, Lewisville, Texas 75067
Mailing Address: P.O. Box 1292190 Lewisville, Texas 75029-2190
#### Linda Marso, Appellant, v Henry Novak, M.D., et al., Respondents.

Submitted May 18, 2009;

decided June 11, 2009

Motion for reargument of motion for leave to appeal denied *[see*12 NY3d 704 (2009)].
IN THE

TENTH COURT OF APPEALS

No. 10-15-00322-CR

No. 10-16-00161-CR

JOSHUA DOMINGO LOREDO,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court No. 2014-2310-C2

O R D E R

In Trial Court Case No. 2014-2310-C2, appellant Joshua Domingo Loredo pled not 

guilty to two counts of aggravated sexual assault (Count I and Count II) and guilty to 

assault family violence by occlusion (Count III). A jury found Loredo guilty of all counts 

and then assessed Loredo’s punishment at 45, 45, and 10 years in prison, respectively, to 

be served concurrently. Three judgments were signed, one for each count.
Loredo v. State Page 2

Loredo filed one notice of appeal, showing his desire to appeal from “the 

Judgment and Sentence” rendered against him in Trial Court Case No. 2014-2310-C2. The 

appeal therefore bears one case number, Court of Appeals No. 10-15-00322-CR.

Loredo’s appointed appellate counsel initially filed a brief challenging only the 

judgment and sentence for Count I. We ordered counsel to file either a brief bringing any 

alleged error or an Anders-type motion to withdraw and a supporting brief as to Counts 

II and III. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed.2d 493 (1967). We 

suggested that if counsel filed a motion to withdraw, counsel should also file a motion to 

sever as to each of those counts. See Kirven v. State, No. 10-14-00122-CR (Tex. App.—

Waco, Oct. 22, 2015, order).

Counsel has filed a motion to withdraw and a supporting Anders brief as to Counts 

II and III and has also filed a motion to sever those counts from Count I. Counsel’s motion 

to sever is granted. The appeal of the judgment entered as to Count I will remain 

docketed as Court of Appeals No. 10-15-00322-CR. The appeal of the judgments entered 

as to Count II and III will be docketed as Court of Appeals No. 10-16-00161-CR. Counsel’s 

motion to withdraw and brief in support of the motion to withdraw will be docketed in 

this new appellate case number.

Counsel has indicated that a copy of the clerk’s and reporter’s record has been sent 

to appellant. Accordingly, appellant has 30 days from the date of this order to file a 
Loredo v. State Page 3

response to counsel’s brief in support of counsel’s motion to withdraw as to Counts II 

and III. Appellant’s response is due, therefore, on June 27, 2016. 

The proceeding as to appellate case number 10-15-00322-CR is ready to be decided.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Order issued and filed May 26, 2016
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in the Registration Statements (FormS-8 No. 333-144906 & No. 333-148972) of WABCO Holdings Inc. of our report dated February 22, 2007, with respect to the consolidated financial statements and schedule of WABCO Holdings Inc. as of December 31, 2006, and for each of the two yearsin the period ended December 31, 2006, included in WABCO Holdings Inc.’s Annual Report on Form 10-K, as filed with the Securities and Exchange Commission. 

/s/ ERNST & YOUNG LLP 

New York, New York 

March 12, 2008
II 

109TH CONGRESS 

2D SESSION S. 3773 

To increase the number of Federal judgeships, in accordance with recommendations by the Judicial Conference, in districts that have an 

extraordinarily high immigration caseload. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2006 

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

to the Committee on the Judiciary 

A BILL 

To increase the number of Federal judgeships, in accordance 

with recommendations by the Judicial Conference, in districts that have an extraordinarily high immigration caseload. 

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

3 SECTION 1. ADDITIONAL DISTRICT COURT JUDGESHIPS. 

4 The President shall appoint, by and with the advice 

5 and consent of the Senate, such additional district court 

6 judges as are necessary to carry out the 2005 rec7 ommendations of the Judicial Conference of the United 

8 States for district courts in which the criminal immigraVerDate Aug 31 2005 04:14 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3773.IS S3773

ycherry on PROD1PC64 with BILLS
2 

•S 3773 IS

1 tion filings totaled more than 50 percent of all criminal 

2 filings for the 12-month period ending September 30, 

3 2004. 

Æ 


ycherry on PROD1PC64 with BILLS
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.                  

###### Occupational Safety and Health Review Commission

# AGENCY:

Occupational Safety and Health Review Commission.

# ACTION:

Annual Notice.

# SUMMARY:

Notice is given under 5 U.S.C. 4314(c)(4) of the appointment of members to the Performance Review Board (PRB) of the Occupational Safety and Health Review Commission.

# DATES:

Membership is effective on January 20, 2015.

# FOR FURTHER INFORMATION CONTACT:

Linda M. Beard, Human Resources Specialist, U.S. Occupational Safety and Health Review Commission, 1120 20th Street NW., Washington, DC 20036, (202) 606-5393.

# SUPPLEMENTARY INFORMATION:

The Review Commission, as required by 5 U.S.C. 4314(c) (1) through (5), has established a Senior Executive Service PRB. The PRB reviews and evaluates the initial appraisal of a senior executive's performance by the supervisor, and makes recommendations to the Chairman of the Review Commission regarding performance ratings, performance awards, and pay-for-performance adjustments. Members of the PRB serve for a period of 24 months. In the case of an appraisal of a career appointee, more than half of the members shall consist of career appointees, pursuant to 5 U.S.C. 4314(c)(5). The names and titles of the PRB members are as follows:
    - Shireen L. Dodson, Ombudsman, U.S. Department of State;
    - Linda J. Dreeben, Deputy Associate General Counsel, National Labor Relations Board;
    - Tracy Murrell, Director, Office of Marine Safety, National Transportation Safety Board; and
    - Victor Thompson, Director and HQ Chief Information Officer, National Aeronautics and Space Administration.

Dated: January 12, 2015.

Thomasina V. Rogers,

Chairman.

[FR Doc. 2015-00683 Filed 1-16-15; 8:45 am]

BILLING CODE 7600-01-P
EX-35.4
SERVICER COMPLIANCE STATEMENT

CMLTI 2007-OPX1

Re: The Pooling and Servicing Agreement, dated and effective as of February 1,
2007, among Citigroup Mortgage Loan Trust Inc., as Depositor, Opteum Financial
Services, LLC, as Servicer, Wells Fargo Bank, N.A., as Master Servicer and as
Trust Administrator, and U.S. Bank National Association, as Trustee

I, Robert E. Cauley, the Senior Executive Vice President of Orchid Island TRS,
LLC (f/k/a Opteum Financial Services LLC) (the "Servicer"), pursuant to the
Agreement, do hereby certify that:

(1) A review of the Servicer's activities during the period from and including
January 1, 2007 through and including December 31, 2007 and of the Servicer's
performance under the Agreement has been made under my supervision;

(2) To the best of my knowledge, based on such review, the Servicer has
fulfilled all of its obligations under the Agreement in all material respects
throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 28th
day of February 2008.

ORCHID ISLAND TRS, LLC

By: /s/ Robert E. Cauley
Name: Robert E. Cauley
Title: Senior Executive Vice President
AURORA LOAN SERVICES *A Lehman Brothers Company*Depositor: Structured Asset Securities Corporation 745 Seventh Avenue 8th Floor New York, NY 10019 Trustee:   U.S. Bank National Association  One Federal Street 3rd Floor  Boston, MA 02110 Securities Administrator: Subject: Annual Officer's Certification Fiscal Year:  2007 Securitization:  SASCO 2007-BC2 I, E. Todd Whittemore, the undersigned, a duly authorized officer of Aurora Loan Services LLC (the "Master Servicer"), do certify the following for the Calendar Year 2007:  1.A review of the activities of the Master Servicer during the period beginning on the cut-off  date and ending on December 31, 2007 (the "reporting period") and of its performance under the Agreement for such period has been made under my supervision.  2.To the best of my knowledge, based on such review, the Master Servicer has fulfilled all of its obligations under the Agreement in all material aspects throughout such reporting period. Certified by:  AURORA LOAN SERVICES LLC  By: /s/ E. Todd Whittemore  Name: E. Todd Whittemore Title: Executive Vice President
A WALKING MAN

Ilya Kaminsky

“Giacometti is not working for his contemporaries, nor for the future generations: he is 

creating statues to delight the dead.” –Jean Genet

Perhaps you too, upon seeing Giacometti’s “Walking Man,”

will run from the National Gallery of Art hollering

into the Potomac, will strip

off your shirt—

as you splash, the gulls will

toss your pants back and forth

making a game

of what cannot

be eaten.

Perhaps you too have an enormous, impolite need to drink with the long-legged statue, but no 

beverages are allowed in the gallery & even Giacometti’s 

“Walking Man” is afraid ofthe guard & wishes 

him bird droppings in his hair.

Between the flashes of tourist cameras, I

see it: Giacometti’s “Walking Man” is

a political

declaration—

A public lecture

on how people’s

souls are unbandaged and how

we will die of them.

The air is raw with joy.

Sit, heart, rest 

from the soul’s south-west

Why so much life?

I don’t know what to do with less!

I have given up all I have

to the giver of bread and breath.

Outside, Washington DC

is a theater where police vans play the role of police vans

and senators pretend to be senators

a taxi makes a city more a city

and boys still don’t read except for what is written on women’s t-shirts.

At 10 am, the gallery opens and you zigzag between

our nation’s mostimportant people parading between important

paintings. Someone’s

camera flashes—

a politician

hurries by as if he were

Giacometti’s “Walking Man”

but he looks more like a well punched 

bus ticket.

Why so much life?

I don’t know what to do with less

I have given up all I have.

When I die,

find me atthe National Gallery of Art

I’ll be flat on the floor

in front of Giacometti’s “Walking Man”

a little flask of lemon vodka in my pocket 

I want the lastjoy of putting my cheek

to the stone floor

of whispering

you in whom I do not believe, hello.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3845 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3845

 To designate the facility of the United States Postal Service located 
 at 301 Commerce Street in Commerce, Oklahoma, as the ``Mickey Mantle 
                        Post Office Building''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2006

Mr. Inhofe (for himself and Mr. Coburn) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
 at 301 Commerce Street in Commerce, Oklahoma, as the ``Mickey Mantle 
                        Post Office Building''.

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

SECTION 1. MICKEY MANTLE POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 301 Commerce Street in Commerce, Oklahoma, shall be known 
and designated as the ``Mickey Mantle Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Mickey 
Mantle Post Office Building''.
                                 <all>
```