alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Page 49934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23419]


=======================================================================
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DEPARTMENT OF THE TREASURY

Fiscal Service

Bureau of the Fiscal Service


Notice of Rate To Be Used for Federal Debt Collection, and 
Discount and Rebate Evaluation

AGENCY: Bureau of the Fiscal Service, Fiscal Service, Treasury.

ACTION: Notice of rate to be used for Federal debt collection, and 
discount and rebate evaluation.

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SUMMARY: The Secretary of the Treasury is responsible for computing and 
publishing the percentage rate that is used in assessing interest 
charges for outstanding debts owed to the Government. This rate is also 
used by agencies as a comparison point in evaluating the cost-
effectiveness of a cash discount. In addition, this rate is used in 
determining when agencies should pay purchase card invoices when the 
card issuer offers a rebate. Notice is hereby given that the applicable 
rate for calendar year 2018 is 1.00 percent.

DATES: January 1, 2018 through December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Denice M. Wilson, E-Commerce Division, 
Bureau of the Fiscal Service, Department of the Treasury, 401 14th 
Street SW., Washington, DC 20227 (Telephone: 202-874-9428).

SUPPLEMENTARY INFORMATION: This rate is used in assessing interest 
charges for outstanding debts owed to the Government (The Debt 
Collection Act of 1982, as amended (codified at 31 U.S.C. Section 
3717)). This rate is also used by agencies as a comparison point in 
evaluating the cost-effectiveness of a cash discount. In addition, this 
rate is used in determining when agencies should pay purchase card 
invoices when the card issuer offers a rebate (5 CFR 1315.8).
    The rate reflects the current value of funds to the Treasury for 
use in connection with Federal Cash Management systems and is based on 
investment rates set for purposes of Public Law 95-147, 91 Stat. 1227 
(October 28, 1977). Computed each year by averaging Treasury Tax and 
Loan (TT&L) investment rates for the 12-month period ending every 
September 30, rounded to the nearest whole percentage, for 
applicability effective each January 1. Quarterly revisions are made if 
the annual average, on a moving basis, changes by 2 percentage points. 
The rate for calendar year 2018 reflects the average investment rates 
for the 12-month period that ended September 30, 2017.

    Authority: 31 U.S.C. Section 3717.

    Dated: October 16, 2017.
Ronda L. Kent,
Assistant Commissioner, Payment Management, and Chief Disbursing 
Officer.
[FR Doc. 2017-23419 Filed 10-26-17; 8:45 am]
BILLING CODE 4810-AS-P
#### Elsie Otero et al., Appellants, v Bruce Morris et al., Respondents.

[665 NYS2d 870]

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 8, 1996, which, upon reargument, adhered to a prior order denying plaintiffs’ motion to remove and consolidate a Civil Court action with the instant action, unanimously affirmed, without costs.

While we disagree with the motion court that the instant ac*71tion, involving a dispute between tenant factions over control of a not-for-profit housing development fund corporation and a claim of wasting of corporate assets, had been finally disposed of by a prior order and judgment, we agree with the motion court’s alternative reason for denying the motion, namely the absence of common questions of law and fact with the Civil Court action. That action involves a claim for attorneys fees by the attorney hired by the tenant faction, which has been found herein to be unlawfully acting on behalf of the corporation. Concur—Sullivan, J. P., Ellerin, Wallach, Williams and Andrias, JJ.
EXHIBIT 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Harley L. Rollins, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Elandia, Inc. on Form 10-K for the annual period ended
December 31, 2006, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Form 10-K fairly presents, in all material respects, the financial condition
and results of operations of Elandia, Inc.



|                     |  |     |  |                        
|-------------------- |  | --- |  | -----------------------
|Date: April 17, 2007 |  | By: |  | /s/ Harley L. Rollins  
|                     |  |     |  | Harley L. Rollins      
|                     |  |     |  | Chief Financial Officer
# United States Court **of Appeals** 
**f or the Fifth Circuit** 

No. 21

- 51210 Summary Calendar

**United States of America,**

Plaintiff

— Appellee
**,**

versus

**Ivan Reyes,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Western District of Texas USDC No. 3:19

- CR

- 1292

- 4

Before **Davis, Smith,**  and **Dennis,** Circuit Judges

**. Per Curiam**  **:** *

The attorney appointed to represent Ivan Reyes 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). Reyes has filed a letter in which he plainly states his desire to withdraw his

* Pursuant to **5th Cir cuit**  **R ule**  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 cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 18, 2022

Lyle W. Cayce Clerk Case: 21-51210 Document: 00516512793 Page: 1 Date Filed: 10/18/2022No. 21

- 51210

2 appeal. Reyes’s motion for voluntary dismissal is **GRANTED** , counsel’s

motion to withdraw is **DENIED AS MOOT** , and the appeal is

**DISMISSED**

. See **Fed. R. App. P.** 42(b); **5th Cir. R.** 42.1. Case: 21-51210 Document: 00516512793 Page: 2 Date Filed: 10/18/2022
#### The People of the State of New York, Respondent, v Tony Neale, Appellant.

[666 NYS2d 448]

—Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered April 24, 1996, convicting him of burglary in the third degree, petit larceny, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the Grand Jury testimony and find that the integrity of the Grand Jury was in no way impaired by the People’s presentation of evidence. The defendant’s contention that the evidence presented to the Grand Jury which indicted him was legally insufficient is not reviewable on his appeal from the ensuing judgment of conviction *(see,*CPL 210.30 [6]; *People v Cunningham,*163 AD2d 412).

Viewing the evidence in the light most favorable to the prosecution *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Resolution of issues of credibility, including those involving eyewitness identification testimony, are questions to be determined by the jury, which saw and heard the witnesses (see, *People v Caban,*120 AD2d 603). Its determination is accorded great weight on appeal and will not be disturbed unless clearly unsupported by the record *(see, People v Garafolo,*44 AD2d 86, 88). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see,*CPL 470.15 [5]).

The defendant’s remaining contention is without merit. Mangano, P. J., Copertino, Krausman and McGinity, JJ., concur.
#### The People of the State of New York, Respondent, v George Morla, Appellant.

[666 NYS2d 675]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rivera, J.), rendered October 27, 1995, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the record in this case does not demonstrate that a *Batson*violation occurred during jury selection *(see, Batson v Kentucky,*476 US 79; *People v Childress,*81 NY2d 263; *People v Vidal,*212 AD2d 553). In his attempt to make the requisite prima facie showing *(see, People v Childress, supra,*at 266), the defendant relied solely upon a claimed discriminatory pattern of peremptory strikes exercised by the prosecution to exclude black venirepersons. The Supreme Court rejected the defendant’s *Batson*challenge, and we find no basis in this record to disturb the court’s ruling.

It is incumbent upon the party mounting a *Batson*challenge to “articulate and develop all of the grounds supporting the claim, both factual and legal, during the colloquy in which the objection is raised and discussed” *(People v Childress, supra,*at 268; *People v Vidal, supra,*at 554). Here, the defense counsel failed to satisfy his obligation to articulate on the record a sound factual basis for his *Batson*claim, noting only the bare fact that the prosecution exercised 7 of its 11 peremptory challenges against black venirepersons. In the absence of a record demonstrating other facts or circumstances supporting a prima facie case, we find that the defendant failed to establish a pattern of purposeful exclusion sufficient to raise an inference of *469discrimination (see, *e.g., People v Bolling,*79 NY2d 317, 325; *see also, People v Jenkins,*84 NY2d 1001; *People v Childress, supra; People v Robert G.,*241 AD2d 499; *People v Overton,*238 AD2d 528; *People v Morris,*217 AD2d 710, *affd*88 NY2d 519; *People v Vidal, supra,*at 554).

The defendant’s remaining contentions are without merit. Copertino, J. P., Friedmann, Krausman and Goldstein, JJ., concur.
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Page 49923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23355]


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SUSQUEHANNA RIVER BASIN COMMISSION


Projects Rescinded for Consumptive Uses of Water

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

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SUMMARY: This notice lists the approved by rule projects rescinded by 
the Susquehanna River Basin Commission during the period set forth in 
DATES.

DATES: August 1-31, 2017.

ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, 
Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel, 
telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; email: 
<a href="/cdn-cgi/l/email-protection#e8828791848d9aa89b9a8a8bc6868d9c"><span class="__cf_email__" data-cfemail="610b0e180d041321121303024f0f0415">[email protected]</span></a>. Regular mail inquiries may be sent to the above 
address.

SUPPLEMENTARY INFORMATION: This notice lists the projects, described 
below, being rescinded for the consumptive use of water pursuant to the 
Commission's approval by rule process set forth in 18 CFR 806.22(e) and 
806.22(f) for the time period specified above:
    Rescinded Approvals By Rule Issued:
    1. XTO Energy, Inc., Pad ID: Hazlak 8504, ABR-20100211.R1, 
Shrewsbury Township, Lycoming County, Pa.; Rescind Date: August 29, 
2017.
    2. Atlas Resources, LLC, Pad ID: Logue Pad B, ABR-201209003, Gamble 
Township, Lycoming County, Pa.; Rescind Date: August 31, 2017.

    Authority: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR parts 
806, 807, and 808.

    Dated: October 23, 2017.
Stephanie L. Richardson,
Secretary to the Commission.
[FR Doc. 2017-23355 Filed 10-26-17; 8:45 am]
BILLING CODE P


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|                                                                                         |   |                                                                                                                                                                                                                                                                        |
|----------------------------------------------------------------------------------------------|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Date:           February      9, 2010 | By:    | /s/      JOSEPH J. WALLACE                                                                                                                                                                                                                                                  |
|                                                                                         |   | Joseph      J. Wallace                                                                                                                                                                                                                                                      |
|                                                                                         |   | Chief      Financial Officer                                                                                                                                                                                                                                                |
|                                                                                         |   |                                                                                                                                                                                                                                                                        |
|                                                                                         |   | A      signed original of this written statement required by Section 906 has been      provided to Collectors Universe, Inc. and will be retained by Collectors      Universe, Inc. and furnished to the Securities and Exchange Commission or      its staff upon request. |
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Page 49215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22967]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel; NIAID SBIR Phase II Clinical Trial 
Implementation Cooperative Agreement (U44).
    Date: November 17, 2017.
    Time: 1:00 p.m. to 4:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 5601 Fishers Lane, 
Rockville, MD 20892 (Telephone Conference Call).
    Contact Person: Vasundhara Varthakavi, Ph.D., DVM, Scientific 
Review Officer, Scientific Review Program, Division of Extramural 
Activities, Room 3E70, National Institutes of Health, NIAID, 5601 
Fishers Lane, MSC 9823, Bethesda, MD 20892-9823, (240) 669-5020, 
<a href="/cdn-cgi/l/email-protection#f18790838599909a90879887b19f98909895df9f9899df969e87"><span class="__cf_email__" data-cfemail="99eff8ebedf1f8f2f8eff0efd9f7f0f8f0fdb7f7f0f1b7fef6ef">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: October 18, 2017.
Natasha M. Copeland,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2017-22967 Filed 10-23-17; 8:45 am]
 BILLING CODE 4140-01-P


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* 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 14, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-50560

Summary Calendar

 

ANNETTE S. MUECKE,

Plaintiff-Appellant,

versus

B. THOMAS HALLSTEAD; STATE FARM LLOYDS,

Defendants-Appellees.

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

Appeals from the United States District Court

for the Western District of Texas

USDC No. 5:01-CV-805

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

Before GARZA, DEMOSS and CLEMENT, Circuit Judges.

PER CURIAM:*

Annette S. Muecke appeals the district court’s denial of her

FED. R. CIV. P. 60(b) motion. Although the motion purported to

relate only to the order granting summary judgment in favor of

the defendants, she also sought reconsideration of various other

district court orders. 

As an initial matter, we DENY State Farm’s motion to dismiss

for lack of jurisdiction, DENY Muecke’s motions to supplement the

record, DENY AS UNNECESSARY State Farm’s motion to strike one of
No. 04-50560

-2-

Muecke’s motions to supplement, and DENY Muecke’s motion for

sanctions. Any remaining motions are likewise DENIED. 

This court reviews the denial of a FED. R. CIV. P. 60(b)

motion for an abuse of discretion. Travelers Ins. Co. v.

Liljeberg Enters., Inc., 38 F.3d 1404, 1408 (5th Cir. 1994);

Seven Elves, Inc. v. Eskenazi, 635 F.2d 396, 402 (5th Cir. 1981). 

Under this standard, “[i]t is not enough that the granting of

relief might have been permissible, or even warranted--denial

must have been so unwarranted as to constitute an abuse of

discretion.” Eskenazi, 635 F.2d at 402. 

Muecke’s brief contains a series of rambling, disjointed,

and often incomprehensible arguments. She also raises numerous

arguments that are largely irrelevant to the central issue on

appeal, i.e., whether the district court abused its discretion in

denying her FED. R. CIV. P. 60(b) motion. After having reviewed

the record and the briefs on appeal, we conclude that Muecke has

failed to show that the district court’s denial of her FED. R.

CIV. P. 60(b) motion was so unwarranted as to constitute an abuse

of discretion. Id. The judgment of the district court is

AFFIRMED. 

Because the face of the appeal borders on being frivolous,

we caution Muecke that the filing of any frivolous appeals will

invite the imposition of sanctions in the future. To avoid

sanctions, Muecke is further cautioned that she should review any
No. 04-50560

-3-

pending appeals to ensure that they do not raise arguments that

are frivolous.

AFFIRMED; MOTION TO STRIKE DENIED AS UNNECESSARY; ALL OTHER

MOTIONS DENIED; SANCTION WARNING ISSUED.
#### Donald STAKER, et ux., petitioners, v. WELLS FARGO BANK N.A., et al.

No. 13-1086.

May 19, 2014.

Case below, 550 Fed.Appx. 580.

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
EXHIBIT 35.2



                         ANNUAL STATEMENT OF COMPLIANCE


                      OFFICER'S CERTIFICATE OF THE SERVICER

In compliance with Section 4.04 (g) of the Indenture of Trust by and between
Nelnet Student Loan Trust 2006-1 and Zions First National Bank, as Trustee,
dated as of February 1, 2006, I, Terry J. Heimes, certify that:

1.      A review of the activities of the Subservicer of its performance under
        the Nelnet, Inc. Subservicing Agreement during the period from February
        1, 2006 through December 31, 2006 has been made under my supervision;
        and

2.      Based on my knowledge of such review, the Subservicer has fulfilled in
        all material respects all its obligations under the Nelnet, Inc.
        Subservicing Agreement during such period.

April 2, 2007




By:     /s/ TERRY J. HEIMES
        --------------------------------
        Terry J. Heimes
        Chief Financial Officer,
        Treasurer,
        Nelnet, Inc.
Exhibit 31.1





CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER


UNDER


SECTION 302 OF THE SARBANES-OXLEY ACT





I, Michael R. Haynes, Chief Executive Officer of Collectors Universe, Inc. certify that:





1.  I have reviewed this quarterly report on Form 10-Q of Collectors Universe, Inc. for the quarter ended December 31, 2003;





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;





3.  Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial


condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report.





4.  The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in


Rules 13a-15(e) and 15d-15( e) of the Exchange Act) for the registrant and we have:





(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;





(b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and





(c) Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and





5.  The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the


registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent function):





(a)           All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably


likely to adversely affect the registrants ability to record, process, summarize and report financial information; and




(b)           A ny fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control


over financial reporting.


Date: February 17, 2004

/s/ MICHAEL R. HAYNESMichael R. HaynesChief Executive Officer