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

FOR THE FIFTH CIRCUIT

No. 15-41459

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CARLOS SOTO-ARANJO,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:15-CR-827-1

Before KING, DENNIS, and COSTA, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Carlos Soto-Aranjo

has moved for leave to withdraw and has filed a brief in accordance with 

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 

229 (5th Cir. 2011). Soto-Aranjo has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* 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

October 27, 2016

Lyle W. Cayce

Clerk

 Case: 15-41459 Document: 00513736924 Page: 1 Date Filed: 10/27/2016
No. 15-41459

2

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 15-41459 Document: 00513736924 Page: 2 Date Filed: 10/27/2016
Exhibit 10.3


 


FIRST AMENDMENT


TO


AMENDED AND RESTATED
REVOLVING NOTE


FROM


THE J. JILL GROUP, INC.


TO


HSBC BANK USA, NATIONAL
ASSOCIATION


 


                This First
Amendment to Amended and Restated Revolving Note from The J. Jill Group, Inc.
to HSBC Bank USA, National Association, successor by merger to HSBC Bank USA,
is dated as of September 30, 2004.


 


W I T N E S S E T H:


 


                Reference is made
to that certain Amended and Restated Revolving Note dated as of June 26, 2003
from The J. Jill Group, Inc. to HSBC Bank USA in the face amount of Twenty-One
Million Dollars ($21,000,000) (the “REVOLVING NOTE”).


 


                NOW, THEREFORE,
for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the REVOLVING NOTE is hereby amended by deleting the date “June 1,
2005” set forth in the second paragraph of the REVOLVING NOTE and substituting
therefor the words “the Termination Date.”


 


                Except as modified
hereby, the REVOLVING NOTE remains in full force and effect and is hereby
confirmed and republished.


 


                EXECUTED as an
instrument under seal as of September 30, 2004.


 


	
   

  	
  THE J. JILL GROUP, INC.

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Olga L. Conley

  	
   

  
	
   

  	
  Name:

  	
  Olga L. Conley

  	
   

  
	
   

  	
  Title:

  	
  EVP/CFO

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  HSBC BANK USA, NATIONAL ASSOCIATION

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ George J. Ahlmeyer

  	
   

  
	
   

  	
  Name:

  	
  George J. Ahlmeyer

  	
   

  
	
   

  	
  Title:

  	
  SVP
EXHIBIT 35.1

                    SERVICER COMPLIANCE STATEMENT (ITEM 1123)

                        RESIDENTIAL FUNDING COMPANY, LLC

                RALI SERIES 2007-QA3 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized officer of Residential Funding Company, LLC,
as servicer  (the  "Servicer")  pursuant to the Series  Supplement,  dated as of
April 1, 2007, and the Standard Terms of Pooling and Servicing Agreement,  dated
as of December 1, 2006 (as amended from time to time,  the  "Agreement"),  among
Residential Accredit Loans, Inc., as company,  Residential Funding Company, LLC,
as master servicer,  and Deutsche Bank Trust Company Americas,  as trustee, does
hereby certify that:

1. A review of the  Servicer's  activities  during  the  period  covered  by the
Issuing Entity's report on Form 10-K 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 24th
day of March 2008.


By:   /s/ Anthony N. Renzi
      Name:   Anthony N. Renzi
      Title:  Managing Director
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 1 8

- 60490 Summary Calendar

NANCY ELIZABETH SOLIS ROMERO, also known as Nancy E. Solis Romero , Petitioner

v. WILLIAM P. BARR, U.S. ATTORNEY GENERAL , Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A208 143 231

Before DAVIS, GRAVES, and HO, Circuit Judges. PER CURIAM: * Nancy Elizabeth Solis Romero, a native and citizen of Honduras, challenges an order of the Board of Immigration Appeals (BIA) affirming the Immigration Judge ’s (IJ) denial of her application for asylum, withholding of removal, and protection under the Convention Against T orture. Solis Romero
claims the IJ’s conduct of her removal hearing violated her due process rights

. Solis Romero argues that she was denied a full and fair hearing when the IJ :

* 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 f orth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 29, 2019 Lyle W. Cayce Clerk Case: 18-60490 Document: 00514933482 Page: 1 Date Filed: 04/29/2019No. 1 8

- 60490

2 failed to admit and review late

- filed evidence ; breached the “ special duty ” owed
to an unrepresented claimant ; afforded too much weight to records of her credible fear interview ; and exhibited unconstitutional bias

. Solis Romero did not raise most of these claims with the BIA. W e lack jurisdiction to review them because she faile d to exhaust available
administrative remedies

. Omari v. Holder , 562 F.3d 314, 319 (5th Cir. 2009). Solis Romero preserve d the argument that the IJ owed her a “special duty”
because she appeared pro se. She has not shown any violation of the IJ’s duty

t o develop a factual record without “tak[ing] on the role of an advocate” for an unrepresented alien. See In Re J.F.F. , 23 I. & N. Dec. 912, 922 (B.I.A. 2006). Accordingly, Solis Romero’s petition is DISMISSED IN PART and DENIED IN PART. Case: 18-60490 Document: 00514933482 Page: 2 Date Filed: 04/29/2019
#### State v. Purcell

Case below: 178 N.C. App. 235

383P06

Defs PDR Under N.C.G.S. § 7A-31 (COA05-1351)

Denied 01/25/07
II 

109TH CONGRESS 

1ST SESSION S. 61 

To amend title XVIII of the Social Security Act to provide improved 

reimbursement for clinical social worker services under the medicare program. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

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

to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to provide 

improved reimbursement for clinical social worker services under the medicare program. 

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 ‘‘Equity for Clinical So5 cial Workers Act of 2005’’. 

6 SEC. 2. IMPROVED REIMBURSEMENT FOR CLINICAL SO7 CIAL WORKER SERVICES UNDER MEDICARE. 

8 (a) IN GENERAL.—Section 1833(a)(1)(F)(ii) of the 

9 Social Security Act (42 U.S.C. 1395l(a)(1)(F)(ii)) is 
2 

•S 61 IS

1 amended to read as follows: ‘‘(ii) the amount determined 

2 by a fee schedule established by the Secretary,’’. 

3 (b) DEFINITION OF CLINICAL SOCIAL WORKER

4 SERVICES EXPANDED.—Section 1861(hh)(2) of the Social 

5 Security Act (42 U.S.C. 1395x(hh)(2)) is amended by 

6 striking ‘‘services performed by a clinical social worker (as 

7 defined in paragraph (1))’’ and inserting ‘‘such services 

8 and such services and supplies furnished as an incident 

9 to such services performed by a clinical social worker (as 

10 defined in paragraph (1))’’. 

11 (c) CLINICAL SOCIAL WORKER SERVICES NOT TO BE

12 INCLUDED IN INPATIENT HOSPITAL SERVICES.—Section 

13 1861(b)(4) of the Social Security Act (42 U.S.C. 

14 1395x(b)(4)) is amended by striking ‘‘and services’’ and 

15 inserting ‘‘clinical social worker services, and services’’. 

16 (d) TREATMENT OF SERVICES FURNISHED IN INPA17 TIENT SETTING.—Section 1832(a)(2)(B)(iii) of the Social 

18 Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended 

19 by striking ‘‘and services’’ and inserting ‘‘clinical social 

20 worker services, and services’’. 

21 (e) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to payments made for clinical so23 cial worker services furnished on or after January 1, 2006. 

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 on Form 10-Q of AFP Imaging Corporation
      (the “Company”) for the quarterly period ended December 31, 2007 (the “Report”),
      I, David Vozick, Co-Chief Executive Officer of the Company, certify, pursuant
      to
      18 U.S.C. § 1350, as adopted pursuant to § 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.










David
      Vozick


David
      Vozick,


Chairman
      of the Board


Co-Chief
      Executive Officer


February
      14, 2008






29
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 annual report of Veracity Management Global, Inc. (the “Company”) on Form 10-K for the year ended June 30, 2010 (the “Report”), as filed with the Securities and Exchange Commission on the date hereof, I, Gregory L. Paige, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





1. The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and





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





/s/ Gregory L. Paige





Gregory L. Paige


Chief Executive Officer


Dated: October 13, 2010





A signed original of this written statement required by Section 906 has been provided to Veracity Management Global, Inc. and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Notices]
[Page 22586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11137]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-FHC-2009-N0098]; [81331-1334-8TWG-W4]


Trinity Adaptive Management Working Group

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of meeting.

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

SUMMARY: The Trinity Adaptive Management Working Group (TAMWG) affords 
stakeholders the opportunity to give policy, management, and technical 
input concerning Trinity River (California) restoration efforts to the 
Trinity Management Council (TMC). The TMC interprets and recommends 
policy, coordinates and reviews management actions, and provides 
organizational budget oversight. This notice announces a TAMWG meeting, 
which is open to the public.

DATES: TAMWG will meet from 12 p.m. (noon) to 5 p.m. on Wednesday, June 
10, 2009, and from 8 a.m. to 5 p.m. on Thursday, June 11, 2009.

ADDRESSES: The meeting will be held at the Trinity County Library, 211 
Main St., Weaverville, CA 96093.

FOR FURTHER INFORMATION CONTACT: Meeting information: Randy A. Brown, 
TAMWG Designated Federal Officer, U.S. Fish and Wildlife Service, 1655 
Heindon Road, Arcata, CA 95521; telephone: (707) 822-7201. TRRP 
information: Mike Hamman, Executive Director, Trinity River Restoration 
Program, P.O. Box 1300, 1313 South Main Street, Weaverville, CA 96093; 
telephone: (530) 623-1800; e-mail: <a href="/cdn-cgi/l/email-protection#dfb2b7beb2b2beb19fb2aff1aaacbdadf1b8b0a9"><span class="__cf_email__" data-cfemail="98f5f0f9f5f5f9f6d8f5e8b6edebfaeab6fff7ee">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Under section 10(a)(2) of the Federal 
Advisory Committee Act (5 U.S.C. App.), this notice announces a meeting 
of the TAMWG. The meeting will include discussion of the following 
topics:
    <bullet> TRRP structure and TAMWG/TMC/TRRP relationships;
    <bullet> Budget update;
    <bullet> Channel rehabilitation program;
    <bullet> Reservoir management: Temperature issues, carryover 
storage, minimum pool criteria;
    <bullet> Hatchery goals and practices;
    <bullet> Sediment monitoring;
    <bullet> Progress towards an RFP-based science program; and
    <bullet> Integrated Information Management System (IIMS).
    Completion of the agenda is dependent on the amount of time each 
item takes. The meeting could end early if the agenda has been 
completed.

    Dated: May 7, 2009.
Randy A. Brown,
Designated Federal Officer, Arcata Fish and Wildlife Office, Arcata, 
CA.
[FR Doc. E9-11137 Filed 5-12-09; 8:45 am]
BILLING CODE 4310-55-P


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```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 465 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                 S. 465

 To authorize the Secretary of the Army to carry out a project for the 
mitigation of shore damage attributable to the project for navigation, 
                           Saco River, Maine.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 18, 2005

   Ms. Snowe introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
 To authorize the Secretary of the Army to carry out a project for the 
mitigation of shore damage attributable to the project for navigation, 
                           Saco River, Maine.

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

SECTION 1. SHORE DAMAGE MITIGATION PROJECT, SACO RIVER, MAINE.

    (a) In General.--The Secretary of the Army may carry out, under 
section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i), a 
project for the mitigation of shore damage attributable to the project 
for navigation, Saco River, Maine, without regard to subsection (c) of 
that section.
    (b) Plan.--In carrying out the project under subsection (a), the 
Secretary may implement the plan for the project preferred by non-
Federal interests.
                                 <all>
```
#### The People of the State of New York, Respondent, v Otis M. Bridgeforth, Appellant.

[869 NYS2d 924]

Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered November 29, 2007, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the second degree.

Waiving his right to appeal, defendant resolved a two-count indictment by pleading guilty to attempted criminal possession of a weapon in the second degree. County Court thereafter sentenced defendant as negotiated to 21/2 years in prison and two years of postrelease supervision. Defendant now appeals.

Appellate counsel for defendant seeks to be relieved of his assignment on the basis that there are no nonfrivolous issues to be advanced on appeal. Having reviewed counsel’s brief, defendant’s pro se brief and the record, we agree. Accordingly, the judgment is affirmed and counsel’s request for leave to withdraw is granted *(see People v Cruwys,*113 AD2d 979 [1985], *lv denied*67 NY2d 650 [1986]; *see generally People v Stokes,*95 NY2d 633 [2001]).

Peters, J.E, Spain, Rose, Malone Jr. and Stein, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.
#### In the Matter of Black Car Assistance Corporation et al., Appellants, v City of New York et al., Respondents, and Metropolitan Taxicab Board of Trade et al., Intervenor-Respondents.

[973 NYS2d 627]

Judgment, Supreme Court, New York County (Carol Huff, J.), entered April 26, 2013, which denied the petition to enjoin the implementation of respondent Taxi and Limousine Commission’s (TLC) 12-month pilot program to allow medallion cabs to arrange passenger pickups via smart phone applications (E-Hail Program), vacated the temporary restraining order, and *619dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioners, entities that represent or have financial interests in businesses that operate black or livery cars, filed the instant petition for an order declaring the E-hail Program null and void, arguing that respondent TLC exceeded its authority in adopting this program, that provisions of the program improperly depart from applicable provisions of the Administrative Code of the City of New York, and that the program was adopted without complying with procedures required to change rules pursuant to the New York City Administrative Procedure Act (CAPA) (New York City Charter ch 45) and in violation of the State Environmental Quality Review Act (SEQRA) (ECL art 8). Contrary to petitioners’ arguments, the E-Hail Program complies with the plain language of New York City Charter § 2303 (b) (9), as it was adopted for the “limited purpose[ ]” of studying the feasability of using smart phone application to hail medallion taxis and for the “limited . . . time” of 12 months. Additionally, the program complies with Administrative Code § 19-511 (a) requiring the licensing of communications systems upon such terms as TLC deems advisable by giving TLC the authority to issue temporary authorizations for the communications systems needed to accept passenger hails electronically, as those authorizations function as temporary, limited licenses appropriate for a pilot program.

Further, we find that to the extent the E-Hail Program allows drivers to ignore electronic hail requests or to cancel previously accepted requests in favor of street hails, this does not violate Administrative Code § 19-507 (a) (2), which prohibits drivers from refusing, “without justifiable grounds, to take any passenger or prospective passenger to any destination within the city.” We also find that the program was properly adopted, is not in violation of SEQRA and, as a temporary and voluntary pilot program, is not subject to CAPA procedural requirements. Concur — Friedman, J.P., Sweeny, Richter and Manzanet-Daniels, JJ. [Prior Case History: 2013 NY Slip Op 30824(U).]
----

----

|   | (1) | the      Report fully complies with the requirements of Section 13(a) or 15(d) of      the Securities Exchange Act of 1934, as amended;  and |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------|

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

| Dated:      August 14, 2009 |  /s/ George R.      Quist                               |
|-----------------------------|--------------------------------------------------------------|
|                        |  George R.      Quist                                   |
|                        |  Chairman of the      Board and Chief Executive Officer |
|                        | (Principal      Executive Officer)                           |

----
Exhibit 35
                                  ----------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWMBS, INC.
                    CHL MORTGAGE PASS-THROUGH TRUST 2007-5
               MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-5


         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 3.16 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
EXHIBIT
32.2





CERTIFICATION
PURSUANT TO


SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report of Oldwebsites.com, Inc., (the “Company”) on
10-K for the year ended December 31, 2009 as filed with the Securities and
Exchange Commission (the “Report”), I,
­­­­­­­­­­­­­­­­­­­­­Richard
Ivanovick, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. §1350, as adopted pursuant to §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.








March
      15, 2010
            /s/
      Richard IvanovickRichard
      IvanovickChief
      Financial Officer