alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Evan DOSS, Jr., Defendant-Appellant.

No. 04-60873.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Nov. 22, 2005.

Richard Terrell Starrett, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Missisippi, Jackson, MS, for Plaintiff-Appellee.

Samuel Dennis Joiner, Federal Public Defender, Federal Public Defender’s Office, Southern District of Mississippi, Jackson, MS, for Defendant-Appellant.

Before JOLLY, DAVIS, and OWEN, Circuit Judges.

PER CURIAM: *

Evan Doss, Jr., appeals the revocation of his supervised release from his underlying conviction for conspiracy to commit bankruptcy fraud and fraudulent transfer of assets. He argues that the district court erroneously concluded that he failed to make genuine efforts to obtain employment and make restitution payments and that he failed to explain adequately his reported income of a $1,000 consultant fee. After reviewing the record, we conclude that the evidence was sufficient to show by a preponderance of the evidence that Doss violated his supervised release, and the district court did not abuse its discretion. *See United States v. Grandlund,*71 F.3d 507, 509 (5th Cir.1995); *United States v. McCormick,*54 F.3d 214, 219 (5th Cir.1995).

Doss also argues that his right to confrontation was violated by the admission of hearsay testimony from his probation officer. Because Doss did not object to the testimony in the district court, our review is for plain error. *See United States v. Ferguson,*369 F.3d 847, 849 (5th Cir.2004); *see also United States v. Olano,*507 U.S. 725, 731-37, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). Due process affords Doss the right to confront and cross-examine adverse witnesses unless there is a specific *771finding of good cause for not allowing, confrontation. *Morrissey v. Brewer,*408 U.S. 471, 489, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972); *McCormick,*54 F.3d at 221. Because we conclude that the challenged hearsay testimony was not the only evidence supporting the revocation of Doss’s supervised release, Doss cannot show that the confrontation violations, if any, affected his substantial rights and constituted plain error. *See Olano,*507 U.S. at 734, 113 S.Ct. 1770; *McBride v. Johnson,*118 F.3d 432, 438 (5th Cir.1997).

Finally, Doss argues that the district court erroneously prevented him from attacking the underlying restitution order during the revocation proceeding. ■■ The district court did not err. *See United States v. Holland,*850 F.2d 1048, 1050 (5th Cir.1988); *United States v. Irvin,*820 F.2d 110, 111 (5th Cir.1987).

The district court’s judgment is AFFIRMED. '

*

 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.
[ 886 NE2d 768, 857 NYS2d 7]

#### In the Matter of Town of Rye et al., Appellants, v New York State Board of Real Property Services et al., Respondents.

Argued February 5, 2008;

decided March 20, 2008

*794APPEARANCES OF COUNSEL

*DelBello Donnellan Weingarten Wise & Wiederkehr, LLP,*White Plains *(Gregory Spaun, Brian T. Belowich*and *Michael J. Schwarz*of counsel), for appellants.

*Andrew M. Cuomo, Attorney General,*New York City *(Cecelia Chang, Barbara D. Underwood*and *Michael S. Belohlavek*of counsel), for New York State Board of Real Property Services, respondent.

*Huff Wilkes LLP,*Tarrytown *(John J. Loveless*of counsel), for City of Rye, respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Town of Rye and a Town of Rye taxpayer commenced this CPLR article 78 proceeding to challenge the State Board of Real Property Services’ decision not to establish a segment-special equalization rate for the City of Rye. Judicial review of *795state equalization rates is governed by section 1218 of the Real Property Tax Law, which provides that an action may be commenced “in the appellate division of the supreme court in the manner provided by [article 78] upon application of *the*county; *city, town or village for which the rate or rates were established”*(emphasis added). In *Matter of Town of Riverhead v New York State Bd. of Real Prop. Servs.*(5 NY3d 36, 43 [2005]), we concluded that, “[i]n light of the express limitation set forth in RPTL 1218,” a municipality lacks the capacity to contest a segment-special equalization rate established by the State Board for a different municipality within the same school district. Citing *Town of Riverhead,*the Appellate Division granted the Board’s and the City’s motions to dismiss this proceeding on the ground that both petitioners lacked capacity to sue under section 1218.

As we emphasized in *Town of Riverhead,*RPTL 1218 expressly limits those entitled to seek judicial review to directly affected municipalities whose own “rate or rates were established” by the State Board. Neither the Town nor the individual taxpayer falls within this class of parties. Next, assuming the individual taxpayer fulfills the requirements for common-law standing, jurisdiction to entertain an action based on common-law standing would lie in Supreme Court, not the Appellate Division. Finally, the individual taxpayer’s constitutional challenge to RPTL 1218 was not raised in the amended petition, and therefore is not preserved for our review.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Order affirmed, with costs, in a memorandum.
# **Exhibit 32.1**

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

Inconnection with the Quarterly Report of Sirona Dental Systems, Inc. (the “Company”)on Form 10-Q for the period ended June 30, 2006, as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Jost Fischer,Chairman, President and Chief Executive 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 therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

(2)             The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.
|        |   | /S/ Jost Fischer                                                                                           |   |
|--------|--------|------------------------------------------------------------------------------------------------------------|--------|
|   |   | Jost Fischer  Chairman, President and Chief Executive Officer  Sirona Dental Systems, Inc.  August 8, 2006 |

 

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-1245

MARTIN FRANCISCO SALAZAR,

Plaintiff - Appellant,

versus

SPENCER ABRAHAM, Secretary of the Department

of Energy,

Defendant - Appellee.

Appeal from the United States District Court for the District of

South Carolina, at Aiken. Patrick Michael Duffy, District Judge.

(CA-01-3209-1-23)

Submitted: April 17, 2003 Decided: April 22, 2003

Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Martin Francisco Salazar, Appellant Pro Se. Terri Hearn Bailey,

OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Martin Francisco Salazar appeals the district court’s order

denying his motion to compel and granting Defendant’s motion for

summary judgment in this employment discrimination action. We have

reviewed the record and find no reversible error. Accordingly, we

affirm for the reasons stated by the district court. See Salazar

v. Abraham, No. CA-01-3209-1-23 (D.S.C. filed Feb. 4, 2003; entered

Feb. 5, 2003). 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.

AFFIRMED
Exhibit 31.2



CERTIFICATION



I, William Goebel, certify that:



| | 1. | I have reviewed this Amendment No. 1 to the annual report on Form 10-K of FS Investment Corporation III; and
| | -- | ------------------------------------------------------------------------------------------------------------



| | 2. | Based on my knowledge, this report does 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: April 24, 2019



|                        | 
|----------------------- | 
|/s/ WILLIAM GOEBEL      | 
|                        | 
|William Goebel          | 
|Chief Financial Officer |
(logo) Prudential 

 

Prudential Asset Resources

 

Prudential Mortgage Capital Company

2100 Ross Avenue, Suite 2500, Dallas TX 75201

Tel 214 777-4500

 

 

A business of Prudential Financial, Inc.

 

 

 

 

 

Wells Fargo Bank, National Association

Attn: Commercial Mtg Servicing

MAC D1086

550 South Tryon Street, 14th Floor

Charlotte, NC 28202

 

 

 
|     RE:       RBS Commercial Funding Inc., Commercial  Mortgage Pass-Through  Certificates, Series 2013-C15                                                                          |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                          Period:   **January 1, 2014 to December 31, 2014 (the "Reporting Period")** |

 

Annual Compliance Statement

 

I, Hal Collett, in my capacity as President and Managing Director  of Prudential  Asset Resources, Inc. (the "Company")  hereby certify  with  regard to the Company's role as Primary Servicer under the Pooling and Servicing Agreement, (the "Agreement") dated as of August 1, 2013 pertaining to the above-referenced certificates, that:

 

 

(i)       a review of the activities of the Company under the Agreement during the period noted above, and of the performance  of the Company under the Agreement during the reporting  period  has been made under my supervision, and

 

(ii)     to the best of my knowledge, based on such review, the Company has fulfilled  all its obligations under the Agreement throughout the reporting period.

 

 

 

 

Effective as of March 19, 2015

 

 

 
| /s/ Hal Collett                  |
|----------------------------------|
| Hal Collett                      |
| President and Managing Director  |
| Prudential Asset Resources, Inc. |
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Page 42815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19211]


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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The applications will also be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, 
nonbanking activities will be conducted throughout the United States.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than October 5, 2017.
    A. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant 
Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:
    1. Central Bancshares, Inc. to acquire, through its newly formed 
subsidiaries, CBI Midco, Inc. and CBI Merger Sub, Inc., all of 
Cambridge, Nebraska, up to 100 percent of the voting shares of Republic 
Corporation, and thereby indirectly acquire United Republic Bank, both 
of Omaha, Nebraska.
    In connection with this application CBI Midco, Inc. and CBI Merger 
Sub, Inc., have applied to become bank holding companies.
    B. Federal Reserve Bank of San Francisco (Gerald C. Tsai, Director, 
Applications and Enforcement) 101 Market Street, San Francisco, 
California 94105-1579:
    1. Pacific Premier Bancorp, Inc.; to acquire 100 percent of Plaza 
Bancorp, and thereby indirectly acquire Plaza Bank, all of Irvine, 
California.

    Board of Governors of the Federal Reserve System, September 6, 
2017.
Yao-Chin Chao,
Assistant Secretary of the Board.
[FR Doc. 2017-19211 Filed 9-11-17; 8:45 am]
 BILLING CODE 6210-01-P
I 

112TH CONGRESS 

1ST SESSION H. R. 2435 

To allow individuals to choose to opt out of the Medicare part A benefit 

and to allow individuals opting out of such benefit to be eligible for 

health savings accounts. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 7, 2011 

Mr. SAM JOHNSON of Texas (for himself and Mr. PAULSEN) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To allow individuals to choose to opt out of the Medicare 

part A benefit and to allow individuals opting out of 

such benefit to be eligible for health savings accounts. 

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

3 SECTION 1. ALLOWING INDIVIDUALS TO CHOOSE TO OPT 

4 OUT OF THE MEDICARE PART A BENEFIT. 

5 (a) IN GENERAL.—Any individual who is otherwise 

6 entitled to benefits under part A of title XVIII of the So7 cial Security Act may elect (in such form and manner as 

8 may be specified by the Secretary of Health and Human 

9 Services) to opt out of such entitlement. Notwithstanding 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 2435 IH

1 any other provision of law, in the case of an individual 

2 who makes such an election, such individual— 

3 (1) may (in such form and manner as may be 

4 specified by the Secretary) subsequently choose to 

5 end such election and opt back into such entitlement 

6 (in accordance with a process determined by the 

7 Secretary) without being subject to any penalty; 

8 (2) shall not be required to opt out of benefits 

9 under title II of such Act as a condition for making 

10 such election; and 

11 (3) shall not be required to repay any amount 

12 paid under such part A for items and services fur13 nished prior to making such election. 

14 (b) INDIVIDUALS OPTING OUT OF MEDICARE PART

15 A ELIGIBLE FOR HEALTH SAVINGS ACCOUNTS.—Section 

16 223 of the Internal Revenue Code of 1986 is amended— 

17 (1) in subsection (b), by striking paragraph (7), 

18 and 

19 (2) in subsection (d)(2)(C)(iv), by inserting 

20 ‘‘and who has not elected to opt out of the rights to 

21 benefits under part A of title XVIII of such Act’’ 

22 after ‘‘Social Security Act’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 21

-0410

_________________ CRAZY MOUNTAIN CATTLE CO., RICHARD JARRETT, and ALFRED ANDERSON,

Plaintiffs and Appellants, v. WILD EAGLE MOUNTAIN RANCH, ENGWIS INVESTMENT COMPANY, LTD., a Montana limited partnership, and R.F. BUILDING COMPANY, LP, a Montana limited partnership,

Defendants and Appellees. O R D E R

_________________ The Court has received notice that Appellants Crazy Mountain Cattle Co., Richard Jarrett, and Alfred Anderson have reached a settlement with two appellees, Rock Creek Ranch I, LTD, a Texas limited partnership, and Yellowstone River Ranch, d/b/a Diana’s Great Idea, LLC, a Montana limited liability company. Therefore, IT IS HEREBY ORDERED that Appellants Rock Creek Ranch I, LTD and Yellowstone River Ranch, d/b/a Diana’s Great Idea, LLC are dismissed from this appeal with prejudice. The caption is amended to reflect the current parties.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

December 27 2021

12/27/2021

Case Number: DA 21-0410
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A17A0376. CECELIA P. SAUNDERS et al. v. WRI PROPERTY

 MANAGEMENT, LLC et al. 

Cecelia P. Saundersfiled in the trial court an “Affidavit of Illegality,” in which

she claimed that a previous order of the trial court granting a writ of possession in

favor of WRI Property Management, LLC, was void and unenforceable. She filed a

notice of appeal of the purported denial of the affidavit directed to the Supreme

Court, which transferred the appeal to this Court. The trial court record does not

contain any filings subsequent to the filing of the affidavit. 

Saunders’s appeal is premature because, given the apparent absence of a trial

court order, we have nothing to review. See Amica v. State, 307 Ga. App. 276, 282

(2) (704 SE2d 831) (2010); see also Ward v. State, 299 Ga. App. 826, 827 (683 SE2d

894) (2009) (this Court is for the correction of errors and will not consider issues on

which the trial court has not ruled). Accordingly, Saunders’s appeal is hereby

DISMISSED. 

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

10/18/2016

October 18, 2016
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2422 Enrolled Bill (ENR)]

        H.R.2422

                      One Hundred Twelfth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
            the fifth day of January, two thousand and eleven

                                 An Act

 
To designate the facility of the United States Postal Service located at 
 45 Bay Street, Suite 2, in Staten Island, New York, as the ``Sergeant 
                       Angel Mendez Post Office''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SERGEANT ANGEL MENDEZ POST OFFICE.
    (a) Designation.--The facility of the United States Postal Service 
located at 45 Bay Street, Suite 2, in Staten Island, New York, shall be 
known and designated as the ``Sergeant Angel Mendez Post Office''.
    (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 ``Sergeant 
Angel Mendez Post Office''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
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<ARTICLE> 5
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           2,383
<SECURITIES>                                         0
<RECEIVABLES>                                   43,484
<ALLOWANCES>                                     2,410
<INVENTORY>                                     64,365
<CURRENT-ASSETS>                               110,744
<PP&E>                                          34,980
<DEPRECIATION>                                  16,195
<TOTAL-ASSETS>                                 145,888
<CURRENT-LIABILITIES>                           58,025
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<TOTAL-LIABILITY-AND-EQUITY>                   145,888
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<CGS>                                          129,634
<TOTAL-COSTS>                                   50,468
<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                               5,614
<INCOME-PRETAX>                                 13,900
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<INCOME-CONTINUING>                              7,784
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