alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-35.2
(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.


Mortgage Asset Securitization Transactions, Inc.
1285 Avenue of the Americas
New York, NY 10019



RE: Annual Statement as to Compliance

The undersigned, a duly authorized officer of Wells Fargo Bank, National
Association ("Wells Fargo"), hereby certifies as follows for the calendar year
2007 or applicable portion thereof (the "Reporting Period"):

(a) a review of Wells Fargo's activities as Master Servicer and/or Trust
Administrator under the servicing agreement(s) listed on Schedule A hereto
(the "Servicing Agreement(s)") has been made under my supervision; and

(b) to the best of my knowledge, based on such review Wells Fargo has fulfilled
all of its obligations under the Servicing Agreement(s) in all material
respects throughout the Reporting Period.


February 25, 2008

/s/ Jacquelyn E. Kimball
Jacquelyn E. Kimball
Vice President


(page)


(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.

Schedule A

List of Servicing Agreement(s) and Series

1 Pooling and Servicing Agreement for TBW Mortgage-Backed Trust 2006-6, Wells
  Fargo Bank, N.A. as Master Servicer and Trust Administrator, as applicable

2 Pooling and Servicing Agreement for TBW Mortgage Backed Trust 2007-1, Wells
  Fargo Bank, N.A. as Master Servicer and Trust Administrator, as applicable
#### UNITED STATES of America, Appellee, v. Demario A. HOWARD, Appellant.

No. 06-2281.

United States Court of Appeals, Eighth Circuit.

Submitted: Oct. 17, 2006.

Filed: Oct. 31, 2006.

Jeffrey P. Lavicka, U.S. Attorney’s Office, Little Rock, AR, for Appellee.

Steven R. Davis, Walker & Hickey, Little Rock, AR, for Appellant.

Demario A. Howard, Forrest City, AR, pro se.

Before MELLOY, BEAM, and BENTON Circuit Judges.

PER CURIAM.

Demario Antoinette Howard appeals the denial of his motion for correction of sentence. The United States agrees that plain error occurred because the judge’s oral pronouncement of sentence is not the sentence imposed in fact, and thus supports Howard’s appeal. *See Hill v. United States ex rel. Wampler,*298 U.S. 460, 464-65, 56 S.Ct. 760, 80 L.Ed. 1283 (1936); *United States v. Tramp,*30 F.3d 1035, 1037 (8th Cir.1994).

This court reverses and remands for sentencing consistent with the alternative sentence ordered by the district court in the event that the federal sentencing guidelines were unconstitutional or partially unconstitutional. *See United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); 8th Cir. R. 47A.
1995 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

8-3-1995

Blackwell Health Center v Knoll

Precedential or Non-Precedential:

Docket 94-1954

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1995

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 1995 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Blackwell Health Center v Knoll" (1995). 1995 Decisions. Paper 194.

http://digitalcommons.law.villanova.edu/thirdcircuit_1995/194
1 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

 

No. 94-1954 

 

ELIZABETH BLACKWELL HEALTH CENTER FOR WOMEN; 

GREATER PHILADELPHIA WOMEN'S MEDICAL FUND; 

CHOICE, on behalf of themselves and the Medicaid-eligible 

women of the Commonwealth of Pennsylvania to whom they 

provide financial, health care and counseling services 

v. 

CATHERINE BAKER KNOLL, Treasurer of the Commonwealth of 

Pennsylvania, in her official capacity; KAREN F. SNIDER, 

Secretary of Public Welfare of the Commonwealth of 

Pennsylvania, in her official capacity; 

SHERRY KNOWLTON, Deputy Secretary of the Office of 

Medical Assistance of the Commonwealth of Pennsylvania, 

in her official capacity; ROBERT P. CASEY, Governor of 

the Commonwealth of Pennsylvania, in his official capacity, 

and their successors 

 Catherine Baker Knoll, Karen F. Snider, 

 Sherry Knowlton and Robert P. Casey, 

 Appellants 

 

On Appeal from the United States District Court 

for the Eastern District of Pennsylvania 

(D.C. No. 94-cv-00169) 

 

Argued January 13, 1995 

Before: COWEN, NYGAARD and ALITO, 

Circuit Judges

(Opinion Filed July 25, 1995) 

ORDER AMENDING DISSENTING OPINION 

 
2 

 It is hereby ordered that the dissenting opinion of 

Judge Nygaard be amended as follows: 

 On page 48 of the slip opinion, line 9 (typescript at 

25, line 6), between the phrases "a conclusion." and "I 

therefore", insert the following citation: 

See Neely v. Club Med Management Servs., 

Inc., Nos. 93-2069, 93-2102, __ F.3d ____, 

1995 U.S. App. LEXIS 19904, *26, 1995 WL 

442169, *9 (3d Cir. July 26, 1995) (in banc) 

(mere ambiguity in Supreme Court opinion 

insufficient to change existing decisional 

law). 

 

 /s/ Richard L. Nygaard 

 U.S. Circuit Judge 

Dated: August 3, 1995
##### 



SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549
  FORM 6-K REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 OR 15d-16 OF THE SECURITIES EXCHANGE ACT OF 1934  For the month of June 2004  Fairmont Hotels &
Resorts Inc.(Translation of Registrants Name Into English)

Canadian Pacific Tower,
Ste 1600, 100 Wellington Street W., Toronto, Ontario
M5K 1B7, Canada(Address of Principal Executive Offices) (Indicate by check mark whether the registrant files or will file annual
reports under cover of Form 20-F or Form 40-F.)  Form 20-F o
    
    Form 40-Fþ
 (Indicate by check mark whether the registrant by furnishing the
information contained in this form is also thereby furnishing the information
to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act
of 1934.)  Yes o
    
    No þ
 (If Yes is marked, indicate below the file number assigned to the
registrant in connection with Rule 12g3-2(b): 82-
.) This report furnished on Form 6-K shall be incorporated by reference into
each of the Registration Statements under the Securities Act of 1933 of the
registrant: Form S-8 No. 333-13960.    Page 1 of 2 Pages
Exhibits Index appears on Page 3




---



##### 



SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.  FAIRMONT HOTELS
& RESORTS INC.
                       (Registrant)Date:
        
        June 2, 2004
        
        By:
        
        /s/ Sari L. DiamondName:
        
        Sari L. DiamondTitle:
        
        Assistant Corporate Secretary




---



##### 



Exhibits Index The following is a list of Exhibits included as part of this Report on
Form 6-K. Exhibit No.
    
    Description of Exhibits99.1
    

Fairmont
Hotels & Resorts Inc. To Present At Goldman Sachs Conference
#### The People of the State of New York, Respondent, v Steven Placek, Appellant.

[870 NYS2d 788]

Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at suppression hearing; Ronald A. Zweibel, J., at plea and sentence), rendered *539September 27, 2007, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of IV2 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. Incident to a lawful arrest, the police recovered a bag of drugs from defendant’s person. The record supports the hearing court’s factual determination that there was no body cavity search requiring a warrant, because the bag was between defendant’s underwear and his buttocks, and was not in his rectum *(see People v Walker,*27 AD3d 899, 901 [2006], *lv denied*7 NY3d 764 [2006]; *People v Butler,*27 AD3d 365, 369 [2006], *lv dismissed*6 NY3d 893 [2006]). Concur—Tom, J.E, Andrias, Nardelli, Catterson and Moskowitz, JJ.
II 

109TH CONGRESS 

1ST SESSION S. 365 

To amend the Torture Victims Relief Act of 1998 to authorize appropriations 

to provide assistance for domestic and foreign centers and programs 

for the treatment of victims of torture, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2005 

Mr. COLEMAN (for himself and Mr. DAYTON) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To amend the Torture Victims Relief Act of 1998 to authorize appropriations to provide assistance for domestic and 

foreign centers and programs for the treatment of victims of torture, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Torture Victims Relief 

5 Reauthorization Act of 2005’’. 
2 

•S 365 IS

1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR DOMES2 TIC TREATMENT CENTERS FOR VICTIMS OF 

3 TORTURE. 

4 Section 5(b)(1) of the Torture Victims Relief Act of 

5 1998 (22 U.S.C. 2152 note) is amended— 

6 (1) by striking ‘‘and 2005’’ and inserting ‘‘, 

7 2005, 2006, and 2007’’; 

8 (2) by striking ‘‘2004 and’’ and inserting 

9 ‘‘2004,’’; and 

10 (3) by striking the period at the end and insert11 ing ‘‘, $25,000,000 for the fiscal year 2006, and 

12 $25,000,000 for the fiscal year 2007.’’. 

13 SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR FOR14 EIGN TREATMENT CENTERS FOR VICTIMS OF 

15 TORTURE. 

16 Section 4(b)(1) of the Torture Victims Relief Act of 

17 1998 (22 U.S.C. 2152 note) is amended— 

18 (1) by striking ‘‘and 2005’’ and inserting ‘‘, 

19 2005, 2006, and 2007’’; 

20 (2) by striking ‘‘2004 and’’ and inserting 

21 ‘‘2004,’’; and 

22 (3) by striking the period at the end and insert23 ing ‘‘, $12,000,000 for the fiscal year 2006, and 

24 $13,000,000 for the fiscal year 2007.’’. 
3 

•S 365 IS

1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE 

2 UNITED STATES CONTRIBUTION TO THE 

3 UNITED NATIONS VOLUNTARY FUND FOR 

4 VICTIMS OF TORTURE. 

5 Of the amounts authorized to be appropriated for fis6 cal years 2006 and 2007 pursuant to chapter 3 of part 

7 I of the Foreign Assistance Act of 1961 (22 U.S.C. 2221 

8 et seq.), there are authorized to be appropriated to the 

9 President for a voluntary contribution to the United Na10 tions Voluntary Fund for Victims of Torture $8,000,000 

11 for fiscal year 2006 and $9,000,000 for fiscal year 2007. 

Æ
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 Cubic Energy, Inc. (the "Company") on
Form 10-QSB for the period ending December 31, 2003 as filed with the Securities
and  Exchange  Commission  on the date  hereof (the  "Report"),  I, CEO and CFO,
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 906 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.

Date: February 6, 2004                      Signature: /s/ Calvin A. Wallen, III
                                                      --------------------------
                                                      Calvin A. Wallen, III
                                                      As CEO and CFO
From: The District Court of the 13th Judicial District. County of Yellowstone.

#### STATE OF MONTANA, Plaintiff, *86vs. ORLAND LITTLELIGHT, Defendant,

*85CAUSE NO. DC-08-388 *86DECISION

On January 5, 2009, the defendant was sentenced to ten (10) years in the Montana State Prison for the offense of Count II: Operation of a Motor Vehicle by a Person with Alcohol Concentration of 0.08% or More, a felony. Defendant was designated a Persistent Felony Offender for sentencing. The Court recommends the Defendant be considered for placement at WATCh prior to being released back into the community on parole.

On November 12, 2009, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was present and was represented by Eric Olson. The state was represented by Victoria Callender who appeared via videoconference.

Before hearing the application, the defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also increase it. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

Rule 17 of the Rules of the Sentence Review Division of the Supreme Court of Montana provides that “the sentence imposed by the District Court is presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive.” (§46-18-904(3), MCA).

The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is inadequate or excessive.

Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.

Done in open Court this 12th day of November, 2009.

DATED this 25th day of November, 2009.

Chairperson, Hon. Stewart Stadler, Member, Hon. Blair Jones and Member, Hon. Richard Simonton.
<TABLE> <S> <C>

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<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                            4044
<SECURITIES>                                         0
<RECEIVABLES>                                   177500
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                195367
<PP&E>                                           12470
<DEPRECIATION>                                   10822
<TOTAL-ASSETS>                                 4579799
<CURRENT-LIABILITIES>                          4259323
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         38020
<OTHER-SE>                                      282456
<TOTAL-LIABILITY-AND-EQUITY>                   4579799
<SALES>                                           4936
<TOTAL-REVENUES>                                  4936
<CGS>                                             1043
<TOTAL-COSTS>                                     1043
<OTHER-EXPENSES>                                 33842
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                1764
<INCOME-PRETAX>                                (30448)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (30448)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (30448)
<EPS-PRIMARY>                                    (.00)
<EPS-DILUTED>                                    (.00)
        

</TABLE>
#### The People of the State of New York, Respondent, v Gregory M. Drayton, Appellant.

Submitted May 4, 2009;

decided May 7, 2009

Motion for assignment of counsel granted and Timothy P. Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.
Sculpture Garden Rules

Alcoholic beverages may not be brought in to the

Sculpture Garden but may be purchased at the cafe.

Do not touch the works of art unless it is

indicated that you may do so.

Do not ride bicycles or use in-line skates 

and skateboards in the Sculpture Garden.

No pets other than service animals are allowed.

Music Department

National Gallery of Art

Sixth Street and Constitution Avenue nw

Washington, DC

www.nga.gov

Concerts are made possible in part through the generosity

of donors to the National Gallery of Art through The Circle.

Reserved seating is available in recognition of their support.

Please contact the development office at (202) 842-6450

or circle@nga.gov for more information.

COVER! Raoul Dufy, Music and the Pink Violin, 1952, oil on canvas,

National Gallery of Art, Washington, Collection of Mr. and Mrs. Paul Mellon

National Gallery of Art

Sculpture Garden Sunday Concerts

12:00 and 1:00 pm

September 21

The Seldom Scene 

(bluegrass)

September 28

National Gallery of Art

Wind Ensemble

(Bach and Beethoven)
The Seventy-third Season of

The William Nelson Cromwell and

F. Lammot Belin Concerts

National Gallery of Art

3,014th Concert

The Seldom Scene

Ben Eldridge, banjo

Dudley Connell, guitar

Fred Travers, dobro

Ronnie Simpkins, bass

Lou Reid, mandolin

September 21, 2014

12:00 and 1:00 pm

Sculpture Garden

Admission free

The program will be announced from the stage

September concerts in the Sculpture Garden are made

possible by support from Barbara A. Spangenberg.

The Musicians

THE SELDOM SCENE

Founded forty years ago in the basement of Ben Eldridge's home in

Bethesda, Maryland, The Seldom Scene has emerged as a dominant

force in bluegrass music. Those weekly jam sessions included bluegrass versions of country music, rock, and even classical pop, setting

a new standard and attracting new audiences to the genre. As time

passed, the band received a growing number of invitations to play in

clubs and concert halls across the country, but its members preferred

to maintain the mysterious image implied by its name. In fact, several

of its early album covers featured photographs of the players taken

with their backs to the camera, or just shots of their feet. The ensemble continues to tour year round, and has made numerous appearances

at the White House.

Upcoming Concert at the National Gallery of Art

(Concerts in September 2014 are listed on the front cover)

Senegal St. Joseph Gospel Choir

Music by African and American composers

October 5, 2014

Sunday, 3:30 pm

West Building, West Garden Court
Filed 12/12/19 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2019 ND 282

State of North Dakota, by and through the

Office of State Tax Commissioner, Plaintiff and Appellee

v.

Bradley Bosset, Defendant and Appellant

No. 20190185

Appeal from the District Court of Morton County, South Central Judicial 

District, the Honorable Cynthia Feland, Judge.

AFFIRMED.

Per Curiam.

Charles L. Dendy and Donnita A. Wald, Special Assistant Attorney General, 

Office of State Tax Commissioner, Bismarck, ND, for plaintiff and appellee (on 

brief). 

Bradley Bosset, self-represented, Mandan, ND, defendant and appellant (on 

brief). 
1

State Tax Commissioner v. Bosset

No. 20190185

Per Curiam.

[¶1] Bradley Bosset appeals from a summary judgment in favor of the State 

Tax Commissioner, assessing Bosset state income tax for the years 2012 

through 2016. Bosset mentions but does not fully support a number of issues, 

including that the evidence does not support the determination he has a federal 

tax liability and therefore a state tax liability. He further argues the district

court erred by not using statutory definitions when they differ from common 

definitions; erred by failing to follow precedent and adhering to the 

constitutional avoidance doctrine; erred by not requiring strict proof of his 

liability; and erred by misstating his statement and thereby showed bias and 

prejudice. He contends the State’s failure to address issues he raised is 

evidence of acquiescence. 

[¶2] The essence of Bosset’s argument is that North Dakota’s income tax is 

unconstitutional and that the district court erred in granting summary 

judgment on the basis of the evidence submitted with the State’s motion for 

summary judgment, which included the Certificate of the Tax Commissioner, 

affidavits from employees of the Office of State Tax Commissioner and 

supporting exhibits. Under N.D.C.C. § 57-38-46, the Certificate of the Tax 

Commissioner constitutes “prima facie evidence that such tax has not been 

paid, that such return has not been filed, or that such information has not been 

supplied.” The State asserts the only material facts in an action arising from 

a non-filer tax assessment under N.D.C.C. §§ 57-38-39(7) and 57-38-45(6) are: 

1) the Tax Commissioner found a person has an obligation to file a North

Dakota income tax return and failed to do so; 2) the statutory notice to file was 

provided to the taxpayer; 3) the return was not filed within thirty days; 4) the 

Tax Commissioner assessed tax; and 5) the assessed tax has not been paid.

[¶3] The summary judgment is supported by the record and North Dakota’s 

income tax is constitutional. We summarily affirm under N.D.R.App.P. 

35.1(a)(1), (6) and (7); see State v. Benson, 376 N.W.2d 36, 40 n.6 (N.D. 1985) 

(citing State v. Nichols, 66 N.D. 355, 265 N.W. 859 (1935), and Dorgan v. 
2

Kouba, 274 N.W.2d 167 (N.D. 1978), and reiterating holding “that North 

Dakota’s income tax law, and particularly Section 57-38-31, N.D.C.C., was 

constitutional.”). 

[¶4] Gerald W. VandeWalle, C.J.

 Daniel J. Crothers

 Lisa Fair McEvers

 Jerod E. Tufte

 Jon J. Jensen
#### Maciel M. ROMAN, Plaintiff-Appellant, v. EL PASO COUNTY SHERIFF’S DEPARTMENT, Defendant-Appellee.

No. 05-51325

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 24, 2006.

Maciel M. Roman, Lexington, KY, pro se.

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM: *

Maciel M. Roman, federal prisoner #33878-180, appeals the district court’s dismissal of his 42 U.S.C. § 1983 suit against the El Paso County Detention Center as well as the district court’s dismissal of his motion seeking an order of protection with respect to Bureau of Prison (BOP) officials. The district court dismissed the § 1983 suit on the basis that Roman had failed to exhaust his administrative remedies. The court denied the motion regarding the BOP officials for lack of jurisdiction.

Roman’s brief does not address either the district court’s conclusion that Roman did not exhaust his administrative remedies or that it lacked jurisdiction to consider his motion for an order of protection. Roman addresses only the underlying merits of his claims. Accordingly, he has abandoned the only issues on appeal. *See Yohey v. Collins,*985 F.2d 222, 224-25 (5th Cir.1993); *see also Brinkmann v. Dallas County Deputy Sheriff Abner,*813 F.2d 744, 748 (5th Cir.1987). Although we construe a pro se litigant’s pleadings liberally, even pro se litigants must identify errors and brief the relevant issues. *See Yohey,*985 F.2d at 224-25.

Accordingly, we dismiss the appeal as frivolous. *See Howard v. King,*707 F.2d 215, 220 (5th Cir.1983); 5th Cir. R. 42.2. The dismissal of this appeal as frivolous counts as a strike for purposes of 28 U.S.C. § 1915(g). We caution Roman that *590if he accumulates three strikes under 28 U.S.C. § 1915(g), he will not be able to proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury.

APPEAL DISMISSED; SANCTION WARNING ISSUED.

*

 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.