alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third District Court of Appeal

State of Florida

Opinion filed November 18, 2020.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D20-1441

Lower Tribunal No. 09-25476B

________________

Keenya Young,

Appellant,

vs.

The State of Florida,

Appellee.

An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the 

Circuit Court for Miami-Dade County, Charles K. Johnson, Judge.

Keenya Young, in proper person.

Ashley Moody, Attorney General, for appellee.

Before SCALES, HENDON, and MILLER, JJ. 

PER CURIAM.
2

Affirmed. See Tisdale v. State, 282 So. 3d 998, 1000 (Fla. 3d DCA 2019) 

(“Rule 3.850 provides a ‘two-year time limitation for filing motions for 

postconviction relief.’”) (citation omitted); see also Bradley v. State, 3 So. 3d 1168, 

1171 (Fla. 2009) (“[Defendant’s] explicit plea to [the crime as charged] constituted 

an express waiver of [a] defect in the charging information.”); Robinson v. State, 

373 So. 2d 898, 902 (Fla. 1979) (“Once a defendant enters a plea of guilty, the only 

points available for an appeal concern actions which took place contemporaneously 

with the plea. A plea of guilty cuts off any right to an appeal from court rulings that 

preceded the plea in the criminal process including independent claims relating to 

deprivations of constitutional rights that occur prior to the entry of the guilty plea.”); 

Harvin v. State, 385 So. 2d 119, 119 (Fla. 3d DCA 1980) (As “no allegation that the 

plea itself was not knowingly and voluntarily entered, or was otherwise subject to 

legal challenge, the motion [for postconviction relief] was properly denied without 

evidentiary hearing.”); § 812.13(3)(a), Fla. Stat. (“An act shall be deemed ‘in the 

course of committing the robbery’ if it occurs in an attempt to commit robbery or in 

flight after the attempt or commission.”).
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NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

MICHAEL MAGER, As parent of Victoria Mager,

Petitioner-Appellee

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent-Appellant

______________________

2023-2382

______________________

Appeal from the United States Court of Federal Claims 

in No. 1:14-vv-00820-RTH, Judge Ryan T. Holte.

______________________

ON MOTION

______________________

O R D E R

Upon consideration of appellant’s motion to voluntarily 

dismiss this appeal pursuant to Rule 42(b) of the Federal 

Rules of Appellate Procedure and the parties’ joint response to the court’s October 16, 2023, order,

Case: 23-2382 Document: 11 Page: 1 Filed: 11/07/2023
2 MAGER v. HHS

IT IS ORDERED THAT:

(1) The motion is granted. The appeal is dismissed.

(2) Each side shall bear its own costs.

November 7, 2023

 Date

FOR THE COURT

ISSUED AS A MANDATE: November 7, 2023 

Case: 23-2382 Document: 11 Page: 2 Filed: 11/07/2023
EX-35 (h)

(logo) WELLS FARGO

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

Wells Fargo Bank, N.A.

March 12, 2007

GS Mortgage Securities Corporation
85 Broad Street
New York, NY 10004

RE: Annual Statement As To Compliance for GSAA Home Equity Trust 2006-4

Per Section 13.04 of the Master Servicing and Trust Agreement, dated as of
2/1/2006, the undersigned Officer of Wells Fargo Bank, N.A., (Master Servicer),
hereby certifies the following for the 2006 calendar year or portion, thereof:

(i)     a review of the activities of such Person during the preceding calendar
        year (or applicable portion thereof) and of the performance of the
        Master Servicer under this Agreement, or in the case of a Servicer or
        subservicer, the applicable servicing agreement, has been made under
        such officer's supervision and

(ii)    to the best of such officer's knowledge, based on such review, such
        Person has fulfilled all its obligations under this Agreement, or in
        the case of a Servicer or subservicer, the applicable servicing
        agreement, in all material respects throughout such year (or applicable
        portion thereof), or, if there has been a failure to fulfill any such
        obligation in any material respect, specifying each such failure known
        to such officer and the nature and status thereof.

Certified By:
/s/ Kristen Ann Cronin
Kristen Ann Cronin, Vice President

Certified By:
/s/ Gordon Johnson
Gordon Johnson, Assistant Secretary
[EXHIBIT 32.1]

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

            In connection with the Quarterly Report of BF Acquisition Group IV,
Inc. (the "Company") on Form 10-QSB for the period ending July 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, William Colucci, President of the Company, certify, pursuant to 18 U.S.C.
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.

Dated: June 16, 2004

                               /s/ William Colucci
                              -------------------------------
                              William Colucci, President
                              BF Acquisition Group  III, Inc.
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 Huntsman Corporation and Huntsman International LLC
(the "Companies") for the period ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Peter R. Huntsman, Chief Executive Officer
of the Companies, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to my
knowledge:



|                                                                |  | 
|--------------------------------------------------------------- |  | 
|/s/ PETER R. HUNTSMAN Peter R. Huntsman Chief Executive Officer |  | 
|November 4, 2009                                                |  | 

---



QuickLinks
#### STATE BOARD OF MEDICAL EXAMINERS v. STATE *ex rel.*CHERRY.

No. 6204.

Opinion Filed February 9, 1915.

(146 Pac. 443.)

APPEAL AND ERROR — Dismissal—Briefs. Affirmed for failure to observe rule 25 (137 Pac. xi) of this court.

(Syllabus by the Court.)

*Error from District Court, Grady County; Frank M. Bailey, Judge.*

Mandamus by the State, on the relation of G. • P. Cherry, against the State Board of Medical Examiners, etc. Judgment for relator, and defendants bring error.

Affirmed.

*Chas. West,*Atty. Gen., and *Chas. L. Moore,*Asst. Atty. Gen., for plaintiffs in error.

*B. M. Stewart*and *S. A. Horton,*for defendant in error.

KANE, C. J.

Prom the briefs before us, we gather that this is an action by mandamus to compel the plaintiffs in error, as the State Board of Medical Examiners, to register the defendant in error, Dr. G. P. Cherry, of Mangum, Okla., as a physician *576and surgeon, and to issue to him a license authorizing him to practice as such in the state of Oklahoma.

There seems to have been both issues of fact and of law .joined in the court below, but the briefs of counsel do not disclose how or when these issues were joined, or whether there were any pleadings filed, except the petition, regarding which counsel for one of the parties in his brief says:

> “The record being small, the court can find the petition in the. first part of the record.”

Rule 25 (137 Pac. xi) of this court provides that:

> “The brief of the plaintiff in error in all cases shall contain an abstract or abridgment of the transcript, setting forth the material parts of the pleadings, proceedings, facts, and documents upon which he relies, together with such other statements from the record as are necessary to a full understanding of the questions presented to this court for decision, so that no examination of the record itself need be made in this court.”

This rule has not been complied with. Prom the briefs before us we are unable to say whether there was an alternative writ issued below, or a return thereto made by the plaintiffs in error, or the exact grounds upon which the defendant in error, plaintiff below, bases his right to relief by mandamus. It appears that there was a trial where evidence was introduced by one side, at least, and that, after hearing the evidence and argument of counsel, the court decided in favor of the plaintiff. As we are unable to get a full understanding of the questions presented to this court as grounds for a reversal of the judgment of the court below, without an examination of the record itself, we will indulge the presumption that the action of the court below was correct, and affirm its judgment.

It is so ordered.

All the Justices . concur.
# National Native American Heritage Month, 2017

American Indians and Alaska Natives are inextricably linked with the history of the United States. Beginning with the Pilgrims' arrival at Plymouth Colony and continuing until the present day, Native American's contributions are woven deeply into our Nation's rich tapestry. During National Native American Heritage Month, we honor and celebrate the first Americans and recognize their contributions and sacrifices.

Native Americans have influenced every stage of America's development. They helped early European settlers survive and thrive in a new land. They contributed democratic ideas to our constitutional Framers. And, for more than 200 years, they have bravely answered the call to defend our Nation, serving with distinction in every branch of the United States Armed Forces. The Nation is grateful for the service and sacrifice of all American Indians and Alaska Natives.

My Administration is committed to tribal sovereignty and self-determination. A great Nation keeps its word, and this Administration will continue to uphold and defend its responsibilities to American Indians and Alaska Natives. The United States is stronger when Indian Country is healthy and prosperous. As part of our efforts to strengthen American Indian and Alaska Native communities, my Administration is reviewing regulations that may impose unnecessary costs and burdens. This aggressive regulatory reform, and a focus on government-to-government consultation, will help revitalize our Nation's commitment to Indian Country.

In addition to adopting policies to enhance economic well-being of Native American communities, my Administration will always come to the aid of Native American people in times of crisis. In the wake of Hurricane Irma, I signed the first Presidential Emergency Declaration for a tribal nation. We will ensure the Seminole Tribe of Florida has access to the resources it needs to rebuild. As part of our American family, Native Americans will never be left behind under this Administration. Together, we will strengthen the relationship between the United States Government and Native Americans.

Native Americans are a testament to the deep importance of culture and vibrancy of traditions, passed down throughout generations. This month, I encourage all of our citizens to learn about the rich history and culture of the Native American people.

                    NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2017 as National Native American Heritage Month. I call upon all Americans to commemorate this month with appropriate programs and activities and to celebrate November 25, 2017, as Native American Heritage Day.                          ( print page 51544)    

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of October, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred and forty-second.

[FR Doc. 2017-24295

Billing code 3295-F8-P
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Exhibit 32.2



CERTIFICATION OF

CHIEF FINANCIAL OFFICER

OF SPINNAKER EXPLORATION COMPANY

PURSUANT TO 18 U.S.C. § 1350



In connection with the accompanying Quarterly Report of Spinnaker Exploration Company (the Company) on Form 10-Q for the period ended September 30, 2005 and filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Robert M. Snell, Chief Financial Officer of the Company, hereby certify, to my knowledge, 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/ ROBERT M. SNELL
|Name:               |  | Robert M. Snell        
|Title:              |  | Chief Financial Officer
|Date:               |  | November 8, 2005       



A signed original of this written
statement required by Section 906 has been provided to Spinnaker Exploration Company and will be retained by Spinnaker Exploration Company and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 35
                                   ----------


<PAGE>


                       COUNTRYWIDE HOME LOANS SERVICING LP


                              OFFICERS' CERTIFICATE
                     ANNUAL STATEMENT OF THE MASTER SERVICER


                                   CWMBS, INC.
                         ALTERNATIVE LOAN TRUST 2006-OA1
               MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA1


      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, 2007
-----------------

Craig Baingo
Executive Vice President, Finance
Exhibit 32.1

            CERTIFICATION OF CHIEF EXECUTIVE OFFICER
               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 Nortia  Capital
Partners,  Inc.  (the "Company"), on Form 10-QSB for  the  period
ending January 31, 2008 as filed with the Securities and Exchange
Commission  on  the  date hereof (the "Report"),  I,  William  J.
Bosso,  Chief Executive Officer of the Company, certify,  to  the
best of my knowledge, pursuant to Exchange Act Rule 15d-14(b) and
18 U.S.C. Section 1350, as adopted
Pursuant to Section 906 of the Sarbanes Oxley Act of 2002,

        i.    The Report fully complies with the requirements  of
Sections  13(a) or 15(d) of the Securities Exchange Act of  1934,
and

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


/s/ WILLIAM J. BOSSO
--------------------------------------
William J. Bosso, Chief Executive Officer
Date:   March 14, 2008
* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee,
v. RUSSELL MODDISON, Defendant - Appellant. No. 09-30179 D.C. No. 1:08-CR-00118-JDS-1
MEMORANDUM *

Appeal from the United States District Court for the District of Montana Jack D. Shanstrom, District Judge, Presiding

Argued and Submitted December 8, 2009 Portland, Oregon Before: FARRIS, D.W. NELSON and BERZON, Circuit Judges. Moddison was charged by Indictment with being a felon in possession of a firearm. After a one day jury trial, he was found guilty. A tip from a confidential informant indicated that Moddison possessed a silver Jennings 9-millimeter hand gun. Investigation led to a high speed chase and 

# FILED
JAN 25 2010 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 subsequent arrest of Moddison. His mo tion for disclosure of the confidential source was denied. We understand Moddison’s argument that allowing the government to elicit statements regarding the substance of the confidential source’s tip violated his right to confront the witness. The confiden tial source did not testify but a deputy U.S. Marshal testified as to the confidential source’s role in the investigation and subsequent apprehension of Moddison. The government conceded that the hear say testimony was admitted in error. The question for review is whether the vi olation of the confrontation clause was harmless beyond a reasonable doubt. It was. See United States v. Nielsen , 371 F.3d 574, 581-82 (9th Cir. 2004). It is not disputed that the firearm could only have belonged to Moddison or his passenger. Moddison was the only person near the bush where the gun was discovered. He was apprehended 10 to 15 feet from the discovery point, and his escape route led him to that point. Matching ammunition for the weapon was found in the firearm and in a backpack full of men’s clothing inside of a man’s tube sock.3 Moddison’s conviction resulted from the abundant evidence of who possessed the gun, not the hearsay statemen t. The tip initiated the investigation, but it was not the basis for the conviction. AFFIRMED
.