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

No. 09-5163.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 31, 2011.

Decided: Feb. 11, 2011.

Sandra J. Barrett, Asheville, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Ashe-ville, North Carolina, for Appellee.

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Dismissed in part; affirmed in part by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*725PER CURIAM:

Carla Griffin pled guilty, pursuant to a written plea agreement, to mortgage fraud conspiracy, 18 U.S.C. § 371 (2006), and was sentenced to a 60-month term of imprisonment and ordered to pay restitution in the amount of $2,787,499.91. She appeals, claiming that the district court erred in determining the amount of loss attributable to her for sentencing purposes and that the Government engaged in prosecu-torial misconduct. The Government has moved to dismiss the appeal based on a waiver provision in Griffin’s plea agreement. We affirm in part and dismiss in part.

A defendant may waive the right to appeal if that waiver is knowing and intelligent. *United States v. Blick,*408 F.3d 162, 169 (4th Cir.2005). Generally, if the district court fully questions a defendant at his Fed.R.Crim.P. 11 proceeding regarding the waiver of his right to appeal, the waiver is both valid and enforceable. *United States v. Johnson,*410 F.3d 137, 151 (4th Cir.2005); *United States v. Wessells,*936 F.2d 165, 167-68 (4th Cir.1991). Whether a defendant validly waives his right to appeal is a question of law that we review de novo. *Blick,*408 F.3d at 168.

After reviewing the record, we conclude that Griffin knowingly and voluntarily waived her right to appeal her conviction and sentence, retaining only her right to raise claims based on prosecutorial misconduct or ineffective assistance of counsel. We find that Griffin’s challenges to the calculation of her sentence fall within the scope of the waiver and, therefore, we grant in part the Government’s motion to dismiss.

In order to show prosecutorial misconduct, Griffin bears the burden of showing that the prosecutor’s conduct was (1) improper and (2) prejudicially affected the defendant’s substantial rights so as to deny the defendant a fair trial. *United States v. Alerre,*430 F.3d 681, 689 (4th Cir.2005). Our review of the record discloses that the prosecutor’s conduct was neither improper nor prejudicially affected Griffin’s substantial rights. Accordingly, we affirm.

Thus, we deny in part the Government’s motion to dismiss and affirm Griffin’s conviction and sentence. 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.

*DISMISSED IN PART; AFFIRMED IN PART.*
On respondent’s petition for reconsideration filed July 16,

reconsideration allowed; former disposition (264 Or App 142, 331 P3d 1049) withdrawn; affirmed October 8, 2014,

petition for review denied February 5, 2015 (356 Or 689)

#### STATE OF OREGON, *Plaintiff-Respondent, v.*ADAM V. BUCHALSKI, *Defendant-Appellant.*

Washington County Circuit Court

C112214CR; A152126

337 P3d 923

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Matthew J. Lysne, Senior Assistant Attorney General, for petition.

Before Armstrong, Presiding Judge, and Nakamoto, Judge, and Egan, Judge.

PER CURIAM

*226PER CURIAM

The state petitions for reconsideration of our decision in *State v. Buchalski,*264 Or App 142, 331 P3d 1049 (2014). In part, we reversed based on an error in the original judgment, which the state conceded, and remanded for the trial court to merge two guilty verdicts into a single conviction for felony violation of a stalking order. While the appeal was pending, however, the trial court corrected the error in an amended judgment through an interlineation, which reads: “It further appears that Count 4 merges with Count 3 for-sentencing ***[.]” Defendant then filed an amended notice of appeal.

The petition is well-taken, because defendant’s assignment of error regarding merger is moot. And, a remand is no longer necessary to correct the error in the original judgment. Accordingly, we now affirm the trial court’s amended judgment.

Reconsideration allowed; former disposition withdrawn; affirmed.
<PAGE>

                                                                    Exhibit 21.1


     West Marine, Inc. and its subsidiaries do business under the following
names: West Marine Products, West Marine, E&B Discount Marine and Port Supply.
The following is a list of the subsidiaries of West Marine, Inc., including the
state of incorporation or jurisdiction of organization of each subsidiary:

West Marine Products, Inc., a California corporation
West Marine Puerto Rico, Inc., a California corporation
West Marine FSC, Inc., a Barbados corporation
West Marine Finance Company, Inc., a California corporation
W Marine Management Company, Inc., a California corporation
West Marine LBC, Inc., a California corporation
West Marine IHC I, Inc., a California corporation
West Marine Canada Corp., a Nova Scotia Unlimited Liability Company
E&B Marine, Inc., a Delaware corporation
E&B Marine LBC, Inc., a California corporation
E&B Marine IHC I, Inc., a California corporation
E&B Marine Supply, Inc. (NJ), a New Jersey corporation
E&B Marine Supply, Inc. (MD), a Maryland corporation
Central Marine Supply Inc., a New Jersey corporation
Goldbergs' Marine Distributors, Inc., a Delaware Corporation
James Bliss & Co., Inc., a Massachusetts corporation
Krista Corporation, a Delaware corporation
Sea Ranger Marine Inc., a Delaware corporation
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED
JUNE 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               JUN-30-1999
<CASH>                                           3,211
<SECURITIES>                                         0
<RECEIVABLES>                                    5,958
<ALLOWANCES>                                       228
<INVENTORY>                                      1,495
<CURRENT-ASSETS>                                11,488
<PP&E>                                           2,007
<DEPRECIATION>                                     857
<TOTAL-ASSETS>                                  15,572
<CURRENT-LIABILITIES>                            9,721
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,342
<COMMON>                                            69
<OTHER-SE>                                       4,370
<TOTAL-LIABILITY-AND-EQUITY>                    15,572
<SALES>                                         15,629
<TOTAL-REVENUES>                                15,629
<CGS>                                           10,252
<TOTAL-COSTS>                                   10,252
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 246
<INCOME-PRETAX>                                (1,141)
<INCOME-TAX>                                         1
<INCOME-CONTINUING>                            (1,142)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,142)
<EPS-BASIC>                                      (.32)
<EPS-DILUTED>                                    (.32)


</TABLE>
Exhibit 35.1

SERVICER COMPLIANCE STATEMENT (Item 1123)

Residential Funding Company, LLC

RFMSI Series 2007-S4 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 April 1, 2007 (as amended from time to time, the Agreement), among Residential Funding Mortgage Securities I, 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
[Federal Register Volume 66, Number 34 (Tuesday, February 20, 2001)]
[Notices]
[Page 10897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4086]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Drug Abuse; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meetings.
    The meetings 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 contract proposals and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the contract proposals, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Drug Abuse Special 
Emphasis Panel, ``High-throughput Screening of Functional Activity 
of Proteins Using Biosensor-based Technology''.
    Date: February 15, 2001.
    Time: 10 a.m. to 12 p.m.
    Agenda: To review and evaluate contract proposals.
    Place: Neuroscience Center, National Institutes of Health, 6001 
Executive Blvd., Bethesda, MD 20892, (Telephone Conference Call).
    Contact Person: Richard C. Harrison, Chief, Contract Review 
Branch, Office of Extramural Affairs, National Institute on Drug 
Abuse, National Institutes of Health, 6001 Executive Boulevard, Room 
3158, MSC 9547, Bethesda, MD 20892-9547, 301-435-1437.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

    Name of Committee: National Institute on Drug Abuse Special 
Emphasis Panel, ``Fluorescent Probes''.
    Date: March 1, 2001.
    Time: 9 a.m. to 1 p.m.
    Agenda: To review and evaluate contract proposals.
    Place: Neuroscience Center, National Institutes of Health, 6001 
Executive Blvd., Bethesda, MD 20892.
    Contact Person: Eric Zatman, Contract Review Specialist, Office 
of Extramural Affairs, National Institute on Drug Abuse, National 
Institutes of Health, DHHS, 6001 Executive Boulevard, Room 3158, MSC 
9547, Bethesda, MD 20892-9547, (301) 435-1438.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.277, Drug 
Abuse Scientist Development Award for Clinicians, Scientist 
Development Awards, and Research Scientist Awards; 93.278, Drug 
Abuse National Research Service Awards for Research Training; 
93.279, Drug Abuse Research Programs, National Institutes of Health, 
(HHS)

    Dated: February 12, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-4086 Filed 2-16-01; 8:45 am]
BILLING CODE 4140-01-M
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

                    By virtue of the authority vested in me by the laws of the United States, including the State Department Basic Authorities Act of 1956, I hereby delegate to R. Rand Beers, the Assistant Secretary for International Narcotics and Law Enforcement Affairs, to the extent                           ( print page 13111)                        authorized by law, all authorities vested in the Under Secretary of State for Global Affairs, including all authorities vested in the Secretary of State that have been or may be delegated or redelegated to that Under Secretary.                 

Any authorities covered by this delegation may also be exercised by the Deputy Secretary, the Under Secretary for Political Affairs, or the Under Secretary for Economic, Business and Agricultural Affairs. 

This delegation shall expire upon the appointment of an individual to serve as Under Secretary of State for Global Affairs. 

                    This memorandum shall be published in the                     **Federal Register**                    .                 

Dated: January 22, 2001. 

Colin L. Powell, 

Secretary of State. 

[FR Doc. 01-4998 Filed 3-1-01; 8:45 am] 

BILLING CODE 4710-10-U
I

103D CONGRESS

1ST SESSION H. R. 2663

To amend title 5, United States Code, to improve the ability of the United

States to attract and retain qualified air traffic controllers by offering

controllers premium pay for Saturday work, and by raising the controller

differential from 5 to 15 percent.

IN THE HOUSE OF REPRESENTATIVES

JULY 15, 1993

Mr. SANGMEISTER (for himself, Mr. LIPINSKI, Mr. COSTELLO, Mr.

HOCHBRUECKNER, Mr. TRAFICANT, Mr. PETERSON of Minnesota, and

Mr. HASTINGS) introduced the following bill; which was referred to the

Committee on Post Office and Civil Service

A BILL

To amend title 5, United States Code, to improve the ability

of the United States to attract and retain qualified air

traffic controllers by offering controllers premium pay

for Saturday work, and by raising the controller differential from 5 to 15 percent.

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 ‘‘Air Traffic Controller

5 Incentive and Retention Act’’.
2

•HR 2663 IH

1 SEC. 2. INCREASE IN PAY DIFFERENTIAL FOR AIR TRAFFIC

2 CONTROLLERS.

3 Section 5546a(a) of title 5, United States Code, is

4 amended in the matter preceding paragraph (1) by strik5 ing ‘‘5 per centum’’ and inserting ‘‘15 percent’’.

6 SEC. 3. PREMIUM PAY FOR SATURDAY WORK OF AIR TRAF7 FIC CONTROLLERS.

8 Section 5546a of title 5, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(g) An employee described in subsection (a) who

11 performs work on Saturday shall be entitled to pay under

12 section 5546 to the same extent as if such work were per13 formed on Sunday.’’.

Æ
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7956

GARY D. BUCKOM,

Plaintiff - Appellant,

versus

SERGEANT SMILEY,

Defendant - Appellee,

and

CHARLES HILL; LARRY S. DAVIS; CHARLES CREECY,

Defendants.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District

Judge. (CA-93-688-H)

Submitted: March 21, 1996 Decided: April 12, 1996

Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Gary D. Buckom, Appellant Pro Se. Jane Ray Garvey, OFFICE OF THE

ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for

Appellee.
2

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed the

record and the district court's opinion accepting the magistrate

judge's recommendation and find no reversible error. Accordingly,

we affirm on the reasoning of the district court. Buckom v. Smiley,

No. CA-93-688-H (E.D.N.C. Nov. 1, 1995). 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
<PAGE>


                                                                  Exhibit 32.02

                                  Certification

            Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
                    (Subsections (a) and (b) of Section 1350,
                   Chapter 63 of Title 18, United States Code)

         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the
undersigned officer of Interactive Systems Worldwide Inc., a Delaware
corporation (the "Company"), does hereby certify, to such officer's knowledge,
that the Quarterly Report on Form 10-QSB for the quarter ended March 31, 2006
(the "Form 10-QSB") of the Company fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the
information contained in the Form 10-QSB fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Dated: May 12, 2006

                                             By: /s/ James McDade
                                                 ------------------------------
                                                 James McDade
                                                 Chief Financial Officer

    The foregoing certification is being furnished solely pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350,
Chapter 63 of Title 18, United States Code).
$24,881,090.30
    
    March 31, 2008 (the Effective Date)
  Schedule 1 Borrower Borrowers TLC FCMC Bank Forbearance Agreement Existing Note
 Note
   PROMISE TO PAY
 Principal Sum




---



##### 



INTEREST
   MANNER OF PAYMENT; PRINCIPAL BALANCE
   SECURITY
  DEFAULT
  GENERAL PROVISIONS
  2




---



##### 



3




---



##### 



4




---



##### 



BORROWERS:Each Borrower listed on Schedule 1 attached hereto:By:
    
    /s/ Alexander Gordon JardinName: Alexander Gordon Jardin
Title: Chief Executive Officer, as an authorized officer of,
and on behalf of, each such Borrower listed on Schedule 1
attached hereto
 THE OBLIGATIONS OF THE BORROWERS UNDER THIS SECOND AMENDED AND RESTATED PROMISSORY NOTE ARE
GUARANTEED BY FRANKLIN CREDIT MANAGEMENT CORPORATION PURSUANT TO A GUARANTY DATED DECEMBER 28, 2007
IN FAVOR OF THE HUNTINGTON NATIONAL BANK.
 REAFFIRMATION AND CONSENT OF GUARANTOR
 Bank
 FRANKLIN CREDIT MANAGEMENT CORPORATIONBy:
    
    /s/ Thomas J. AxonName:   Thomas J. Axon
Title: President
 Signature Page to Second Amended and Restated Promissory Note (B-4 Note)




---



##### 



SCHEDULE 1
    
    Tribeca Subsidiaries
 
 1




---



##### 



SCHEDULE 1
    
    Tribeca Subsidiaries
 
 2
#### UNITED STATES of America, Plaintiff-Appellee, v. Carlos MARTINEZ-TELLO, Defendant-Appellant.

No. 10-40425

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Jan. 20, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Seth Kretzer, Law Offices of Seth Kretzer, Houston, TX, for Defendant-Appellant.

*851Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Carlos Martinez-Tello has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*886 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Martinez-Tello has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, the motion to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. *See*5th Cir. R. 42.2.

*

 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.
[Nos. 34547-1-II; 34553-6-II.

Division. Two.

August 7, 2007.]

#### The State of Washington, *Respondent,*v. James Raymond Nelson, *Appellant.*

Appeals from a judgment of the Superior Court for Clark County, No. 05-1-02317-1, Diane M. Woolard, J., entered December 20, 2005. *Affirmed in part*and *remanded*by unpublished opinion per Quinn-Brintnall, J., concurred in by Van Deren, A.C.J., and Bridgewater, J.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MANFRED BRECKER,

Appellant,

v.

DELAIRE COUNTRY CLUB, INC.,

Appellee.

No. 4D19-1648

[November 27, 2019]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; G. Joseph Curley, Jr., Judge; L.T. Case No. 

502017CA009045XXXXMB.

Stephen J. Padula and Joshua A. Widlansky of Padula Bennardo 

Levine, LLP, Boca Raton, for appellant.

James N. Krivok of James N. Krivok, P.A., Stuart, for appellee.

PER CURIAM.

Affirmed.

LEVINE, C.J., MAY, J., and PHILLIPS, CAROL-LISA, Associate Judge, concur. 

* * *

Not final until disposition of timely filed motion for rehearing.