alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-20469 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus GRACE ENGLISH, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CR-92-H-205-1

- - - - - - - - - - April 18, 1996 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM: * Grace English has appealed the district court’s order revoking her probation. English contends that she was not provided with adequate notice of the law violation alleged in the revocation petition. We have carefully reviewed the record and the arguments of the parties and hold that English has not shown that her due process rights were violated or that the district court abused its discretion in revoking her probation. See United States v. Evers , 534 F.2d 1186, 1187-88 (5th Cir.), cert. denied , 429 U.S. 1024 (1976).
AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                    7,341
<ALLOWANCES>                                        77
<INVENTORY>                                      1,896
<CURRENT-ASSETS>                                     0
<PP&E>                                          14,099
<DEPRECIATION>                                   2,397
<TOTAL-ASSETS>                                  41,264
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                1
<PREFERRED>                                          0
<COMMON>                                             6
<OTHER-SE>                                      34,094
<TOTAL-LIABILITY-AND-EQUITY>                    41,264
<SALES>                                         37,036
<TOTAL-REVENUES>                                37,036
<CGS>                                           24,851
<TOTAL-COSTS>                                   24,851
<OTHER-EXPENSES>                                 7,879
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   8
<INCOME-PRETAX>                                  4,298
<INCOME-TAX>                                     1,681
<INCOME-CONTINUING>                              2,617
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,617
<EPS-PRIMARY>                                      .46
<EPS-DILUTED>                                      .44
        

</TABLE>
EX-35.6

(logo) Rialto
CAPITAL

February 28, 2014

To: Wells Fargo Commercial Mortgage Securities, Inc., as Depositor
    U.S. Bank National Association, as Trustee
    Wells Fargo Bank, National Association as Certificate Administrator,
    Tax Administrator and as Custodian
    Wells Fargo Bank, National Association, as Master Servicer

2013 Annual Statement of Servicer Compliance (Item 1123)

Name of Mortgage Loan Pass-Through Certificate Series:

* WFCM 2013-LC12

(Referred to herein as "Security Agreement" or "Security Agreements")

The undersigned, a duly authorized officer of Rialto Capital Advisors, LLC, as
special servicer (the "Special Servicer") herein certifies to the following:

1. All servicing activities and performance of such servicing activities under
   each of the Security Agreements are performed on behalf of the Special
   Servicer.

2. A review of the servicing activities and performance by the Special Servicer
   for the period of July 30, 2013, to December 31, 2013 (the "Reporting
   Period") in accordance with the servicing agreements applicable to each
   Security Agreement has been conducted under my supervision.

3. To the best of my knowledge, the Special Servicer has fulfilled all of its
   obligations under the terms of the Security Agreements, in all material
   respects for the Reporting Period and if there has been a failure
   to fulfill any such obligations in any material respect, each failure and
   the nature and status thereof has been specifically identified herewith.


Certified by: /s/ Thelka Salzman
              Thelka Salzman
              Chief Administrative Officer

Date: February 28, 2014
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998             DEC-31-1998
<PERIOD-START>                             APR-01-1998             JAN-01-1998
<PERIOD-END>                               JUN-30-1998             JUN-30-1998
<CASH>                                               0                  26,432
<SECURITIES>                                         0                       0
<RECEIVABLES>                                        0                   4,535
<ALLOWANCES>                                         0                    (180)
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                     0                   2,614
<PP&E>                                               0                   2,423
<DEPRECIATION>                                       0                  (1,070)
<TOTAL-ASSETS>                                       0                  36,477
<CURRENT-LIABILITIES>                                0                   3,790
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                  23,097
<OTHER-SE>                                           0                   9,433
<TOTAL-LIABILITY-AND-EQUITY>                         0                  36,477
<SALES>                                          6,202                  12,608
<TOTAL-REVENUES>                                 6,202                  12,608
<CGS>                                              471                   1,071
<TOTAL-COSTS>                                      471                   1,071
<OTHER-EXPENSES>                                 4,361                   8,841
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                  1,692                   3,331
<INCOME-TAX>                                       508                     999
<INCOME-CONTINUING>                              1,184                   2,332
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     1,184                   2,332
<EPS-PRIMARY>                                     0.17                    0.33
<EPS-DILUTED>                                     0.15                    0.30
        

</TABLE>
* 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

April 20, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-60095

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARY BUGGS,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Mississippi

USDC No. 3:02-CR-79-2

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

Before JONES, SMITH, and PRADO, Circuit Judges.

PER CURIAM:*

Mary Buggs appeals the sentence imposed following her

guilty-plea conviction for distribution of cocaine base in

violation 21 U.S.C. § 841(a) and (b)(1)(C). Buggs argues that

her sentence is illegal in view of the Supreme Court’s decision

in Blakely v. Washington, 124 S. Ct. 2531 (2004). Because Buggs

did not raise this issue in the district court, review is limited

to plain error. See United States v. Vonn, 535 U.S. 55, 59

(2002). After the district court sentenced Buggs, the Supreme
No. 04-60095

-2-

Court issued its decision in United States v. Booker, 125 S. Ct.

738 (2005), applying its Sixth Amendment holding in Blakely to

the United States Sentencing Guidelines. The Supreme Court held

that “[a]ny fact (other than a prior conviction) which is

necessary to support a sentence exceeding the maximum authorized

by the facts established by a plea of guilty or a jury verdict

must be admitted by the defendant or proved to a jury beyond a

reasonable doubt.” Id. at 756. 

Even if there was Booker error, however, Buggs cannot show

plain error. Because Buggs’s sentence was based on the 12.5

grams of cocaine base that, as part of her plea agreement, she

admitted distributing, Buggs cannot demonstrate that her sentence

would likely have been different if the judge had sentenced her

under the Booker advisory regime. See United States v. Mares,

___ F.3d ___, No. 03-21035, 2005 WL 503715 at *9 (5th Cir. Mar.

4, 2005), petition for cert. filed, No. 04-9517 (U.S. Mar. 31,

2005). Therefore, Buggs’s sentence is AFFIRMED.
| (logo) WELLS FARGO | **Commercial Mortgage  Servicing**D1050-084, 8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334 |
|--------------------|------------------------------------------------------------------------------------------------------------------|

 

 

**ANNUAL STATEMENT OFCOMPLIANCE**

 

 

Reference is hereby made tothat certain Pooling and Servicing Agreement dated as of June 1, 2013, by andamong WELLS FARGO COMMERCIAL MORTGAGE SECURITIES, INC., as Depositor, WELLSFARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, RIALTO CAPITAL ADVISORS,LLC, as Special Servicer, PENTALPHA SURVEILLANCE LLC, as Trust Advisor, WELLSFARGO BANK, NATIONAL ASSOCIATION, as Certificate Administrator, as TaxAdministrator and as Custodian, and U.S. BANK NATIONAL ASSOCIATION, as Trustee,with respect to Commercial Mortgage Pass-Through Certificates WFRBS Series2013-C14 (the "Agreement"). Capitalized terms used herein nototherwise defined shall have the meanings assigned in the Agreement.

 

Pursuant to Section 11.12 of thisAgreement, I, Daniel Bober, Executive Vice President of Commercial MortgageServices do hereby certify that:

 

1.  A review of theactivities of the Master Servicer during the period from January 1, 2016through December 31, 2016 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision, and

 

2.  To the best ofmy knowledge, based on such review, the Master Servicer, has fulfilled all ofits obligations under this Agreement in all material respects throughout theReporting Period.

 

 

IN WITNESS WHEREOF, theundersigned has executed this Certificate as of the 28th day of February 2017.

 

 

/s/Daniel Bober

Daniel Bober

Executive Vice President

Wells Fargo Bank

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
#### UNITED STATES of America, Appellee, v. Bennie BILLUPS, Appellant.

No. 07-2178.

United States Court of Appeals, Eighth Circuit.

Submitted: Jan. 14, 2008.

Filed: Feb. 4, 2008.

Ian A. Lewis, Asst. Fed. Public Defender, Springfield, MO (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.

Bennie Billups, Bennettsville, SC, pro se.

James J. Kelleher, Spec. Asst. U.S. Atty., Springfield, MO, for appellee.

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

PER CURIAM.

Bennie Billups seeks to appeal the 70-month prison sentence the district court1 imposed after he pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Billups’s counsel has moved to withdraw and filed a brief under *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), suggesting that the sentence is unreasonable, but acknowledging that Billups’s plea agreement contained an appeal waiver. In a pro se supplemental brief, Billups indicates that his counsel was ineffective, and asserts that he has no recollection of signing an appeal waiver. He has also moved to proceed pro se on appeal.

We note that ineffective-assistance claims are more properly brought in proceedings under 28 U.S.C. § 2255. *See United States v. Cook,*356 F.3d 913, 919—20 (8th Cir.2004). Despite Billups’s assertion, we conclude upon reviewing the record that he knowingly and voluntarily entered into his plea agreement and appeal waiver; and we further conclude that this appeal falls within the scope of the broad appeal waiver, and that enforcing the waiver would not result in a miscarriage of justice. *See United States v. Andis,*333 F.3d 886, 889-92 (8th Cir.2003) (en banc) (conditions for enforcing appeal waiver); *United States v. Estrada-Bahena,*201 F.3d 1070, 1071 (8th Cir.2000) (per curiam) (enforcing appeal waiver in *Anders*case).

Having reviewed the record independently under *Penson v. Ohio,*488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfrivolous issues for appeal beyond the scope of the waiver. Therefore, we enforce the appeal waiver *915and dismiss the appeal. We also grant counsel’s motion to withdraw, contingent on counsel satisfying his obligations under Part V of this court’s plan to implement the Criminal Justice Act. We deny Bill-ups’s motion as moot.

1

. The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri.
Cite as 2013 Ark. 387



## SUPREME COURT OF ARKANSAS No. I N R E S U P R E M E C O U R T COMMITTEE ON MODEL JURY INSTRUCTIONS–CIVIL Opinion Delivered October 3, 2013

PER CURIAM Christopher A. Averitt, Esq., of Jonesboro, Neil R. Chamberlin, Esq., of Little Rock, E.B. “Chip” Chiles, IV, Esq., of Little Rock, and D. Scott Hickam, Esq., of Hot Springs, are appointed to the Supreme Court Committee on Model Jury Instructions–Civil for three-year terms to expire on September 30, 2016. The court thanks these lawyers for their willingness to serve on this important committee. Lyn Pruitt, Esq., of Little Rock, is reappointed to the Supreme Court Committee on Model Jury Instructions–Civil for a three-year term to expire on September 30, 2016. The court extends its appreciation to Ms. Pruitt for her continued service. Stephen R. Lancaster, Esq., of Little Rock, a current member, is designated chair of the committee. The court expresses its appreciation to Mr. Lancaster for undertaking these additional responsibilities.Cite as 2013 Ark. 387

The court extends its gratitude to outgoing members of the committee: Roger Rowe, Esq., of Little Rock, chair of the committee; Samuel E. Ledbetter, Esq., of Little Rock; and Eric D. Wewers, Esq., of Little Rock, whose terms are limited, for their many years of valuable service to the committee.

2
EXHIBIT
32.1



CERTIFICATION
OF PRESIDENT AND CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. ss. 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
ACT OF 2002



In
connection with the Quarterly Report (the "Report") of Digerati Technologies, Inc. (the "Company") on Form
10-Q for the period ending April 30, 2017, as filed with the Securities and Exchange Commission on the date hereof, I, Arthur
L. Smith, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 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; and
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|By | /s/
    Arthur L. Smith     | 
|-- | --------------------------- | 
|   | Arthur L. Smith             | 
|   | President and               | 
|   | Chief Executive
    Officer | 
|   | June 2, 2017                |
EX-31 Rule 13a-14(d)/15d-14(d) Certifications.


I, Helaine M. Kaplan, 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 COMM 2013-CCRE9 Mortgage 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. Based on my knowledge and the servicer compliance statements required in
this report under Item 1123 of Regulation AB, and except as disclosed in
the Exchange Act periodic reports, the servicers have fulfilled their
obligations under the servicing agreements in all material respects; and

5. All of the reports on assessment of compliance with 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.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties:

KeyBank National Association (as successor to KeyCorp Real Estate Capital
Markets, Inc.), as Master Servicer, Midland Loan Services, a Division of PNC
Bank, National Association, as Special Servicer, U.S. Bank National
Association, as Trustee, and Park Bridge Lender Services LLC, as Operating
Advisor.


        Dated: March 25, 2015


        /s/ Helaine M. Kaplan


        President
        (senior officer in charge of securitization of the depositor)
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited consolidated balance sheet and the consolidated statement of
operations filed as a part of the quarterly report on Form 10Q and is qualified
in its entirety by reference to such quarterly report of Form 10-Q.
</LEGEND>
<CIK>                           0000887150
<NAME>                          Charles Clayton
<MULTIPLIER>                    1000
<CURRENCY>                      US Dollars

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>               DEC-31-2000
<PERIOD-START>                  JAN-01-2000
<PERIOD-END>                    SEP-30-2000
<EXCHANGE-RATE>                       1
<CASH>                            1,724
<SECURITIES>                         72
<RECEIVABLES>                    79,281
<ALLOWANCES>                     (8,642)
<INVENTORY>                      53,796
<CURRENT-ASSETS>                133,458
<PP&E>                           10,443
<DEPRECIATION>                   (7,367)
<TOTAL-ASSETS>                  180,795
<CURRENT-LIABILITIES>            71,935
<BONDS>                          36,670
<PREFERRED-MANDATORY>                 0
<PREFERRED>                           0
<COMMON>                            458
<OTHER-SE>                       71,732
<TOTAL-LIABILITY-AND-EQUITY>    180,795
<SALES>                         109,251
<TOTAL-REVENUES>                111,625
<CGS>                            89,760
<TOTAL-COSTS>                    89,760
<OTHER-EXPENSES>                 17,705
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>                2,023
<INCOME-PRETAX>                   3,389
<INCOME-TAX>                      1,100
<INCOME-CONTINUING>               2,289
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                      2,289
<EPS-BASIC>                        0.55
<EPS-DILUTED>                      0.54



</TABLE>
Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. ss. 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Quarterly Report of Schick Technologies, Inc. (the
"Company") on Form 10-Q for the period ended September 30, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Ronald Rosner, Director of Finance and Administration of the Company, and its
principal financial officer, certify, pursuant to 18 U.S.C. ss. 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; 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/ Ronald Rosner
                                               -------------------------------
                                               Ronald Rosner
                                               Director of Finance
                                               and Administration
                                               (Principal Financial Officer)
                                               Schick Technologies, Inc.
                                               November 11, 2004


                                       18