alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CERTIFICATION OF CHIEF FINANCIAL OFFICER
                          OF CORPORATE GENERAL PARTNER

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

The  undersigned,  Robert A. Bourne,  the  President and Treasurer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund XVI, Ltd. (the
"Partnership"),  has executed this  certification  in connection with the filing
with the Securities and Exchange  Commission of the Partnership's  Annual Report
on Form  10-K for the  period  ending  December  31,  2003 (the  "Report").  The
undersigned hereby certifies 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 Partnership.


Date:  March 23, 2004

                                        /s/ Robert A. Bourne
                                        -----------------------------------
                                        Name:  Robert A. Bourne
                                        Title: President and Treasurer

                                        A  signed   original  of  this   written
                                        statement  required  by Section  906 has
                                        been  provided  to CNL Income  Fund XVI,
                                        Ltd.  and will be retained by CNL Income
                                        Fund  XVI,  Ltd.  and  furnished  to the
                                        Securities  and Exchange  Commission  or
                                        its staff upon request.
#### Anthony MOORE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

No. 2010-5144.

United States Court of Appeals, Federal Circuit.

Jan. 27, 2011.

Anthony Moore, Bismark, ND, pro se.

Jeffrey A. Regner, Department of Justice, Washington, DC, for Defendant-Ap-pellee.

ON MOTION

PER CURIAM.

ORDER

Anthony Moore moves for a remand and moves for the trial court to forward the record. The United States opposes. Moore replies.

Moore may include in his brief any request for remand or other relief. Moore has not established that remand is appropriate at this time. Concerning the record, it is not necessary for the trial court to forward the record at this time. The *357parties may include in an appendix to their brief any relevant documents that were before the trial court.

Accordingly,

It Is Ordered That:

(1) The motions are denied. The United States’ brief is due within 40 days of the date of filing of this order.

(2) Moore must either pay the $455 docketing fee within 14 days of the date of filing of this order or file a completed motion for leave to proceed in forma pau-peris (forms enclosed).
#### Ouscorni JAKIR, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-73725.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 20, 2007.*

Filed Feb. 27, 2007.

Ahmed M. Abdallah, Esq., Hollywood, CA, for Petitioner.

CAC-Distriet Counsel, Esq., Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Joan E. Smiley, Esq., U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: BEEZER, FERNANDEZ, and McKEOWN, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Ouscorni Jakir, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen to apply for adjustment of status and to reapply for asylum and withholding of removal based on changed circumstances. We review the BIA’s denial of a motion to reopen for abuse of discretion, *Malty v. Ashcroft,*381 F.3d 942, 945 (9th Cir.2004), and we grant in part and dismiss in part the petition for review.

The BIA abused its discretion in denying Jakir’s motion to reopen as untimely because motions to reopen based on changed circumstances are not subject to the regulatory time or numerical limitations. *See id.*We grant the petition for review on this claim and remand to allow the BIA to address the merits of Jakir’s motion in the first instance. *See INS v. Ventura,*537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

We lack jurisdiction to review the BIA’s decision not to invoke its *sua sponte*authority to reopen proceedings under 8 C.F.R. § 1003.2(a). *See Ekimian v. INS,*303 F.3d 1153, 1159 (9th Cir.2002).

We deny Jakir’s motion to correct the administrative record as moot.

PETITION FOR REVIEW GRANTED in part; DISMISSED in part; REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
[Federal Register Volume 66, Number 41 (Thursday, March 1, 2001)]
[Rules and Regulations]
[Page 12894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4915]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 01-487, MM Docket No. 00-235, RM-9992]


Digital Television Broadcast Service; Lead, SD

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: The Commission, at the request of Duhamel Broadcasting 
Enterprises, licensee of station KHSDTV, substitutes DTV 10 for DTV 30 
at Lead, South Dakota. See 65 FR 71079, November 29, 2000. DTV channel 
10 can be allotted to Lead in compliance with the principle community 
coverage requirements of section 73.625(a) at reference coordinates 
(44-19-36 N. and 103-50-12 W.) with a power of 34.8, HAAT of 576 meters 
and with a DTV service population of 146 thousand.

DATES: Effective April 12, 2001.

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau, 
(202) 418-1600.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MM Docket No. 00-235, adopted February 23, 2001, and 
released February 26, 2001. The full text of this Commission decision 
is available for inspection and copying during normal business hours in 
the FCC Reference Center 445 12th Street, S.W., Washington, DC. The 
complete text of this decision may also be purchased from the 
Commission's copy contractor, International Transcription Services, 
Inc., (202) 857-3800, 1231 20th Street, NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

    Television, Digital television broadcasting.


    Part 73 of Title 47 of the Code of Federal Regulations is amended 
as follows:

PART 73--[AMENDED]

    1. The authority citation for Part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, and 336.


73.622  [Amended]

    2. Section 73.622(b), the Table of Digital Television Allotments 
under South Dakota, is amended by removing DTV channel 30 and adding 
DTV channel 10 at Lead.

Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Services Division, Mass Media Bureau.
[FR Doc. 01-4915 Filed 2-28-01; 8:45 am]
BILLING CODE 6712-01-P
<PAGE>   1
                                                                      Exhibit 23

                       CONSENT OF INDEPENDENT ACCOUNTANTS



We consent to the incorporation by reference of our reports dated January 27,
1998, on our audits of the consolidated financial statements and financial
statement schedule of FTP Software, Inc. as of December 31, 1997 and 1996, and
for the years ended December 31, 1997, 1996 and 1995 which reports are included
in this Annual Report on Form 10-K, into the Company's previously filed
Registration Statements on Form S-8, File Nos. 33-77506, 33-80427, 333-08585,
333-14669, and 333-43557.


                                                 Coopers & Lybrand L.L.P.


Boston, Massachusetts
May 11, 1998
I

103D CONGRESS

1ST SESSION H. R. 2686

To amend the Small Business Act to reduce the interest rates on disaster

loans provided by the Small Business Administration for losses resulting

from flooding in Midwest communities participating in the national flood

insurance program.

IN THE HOUSE OF REPRESENTATIVES

JULY 21, 1993

Mr. WHEAT (for himself, Ms. DANNER, Mr. EMERSON, Mr. SKELTON, Mr.

CLAY, Mr. VOLKMER, and Mr. GEPHARDT) introduced the following bill;

which was referred to the Committee on Small Business

A BILL

To amend the Small Business Act to reduce the interest

rates on disaster loans provided by the Small Business

Administration for losses resulting from flooding in Midwest communities participating in the national flood insurance program.

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

3 SECTION 1. REDUCTION OF INTEREST RATES ON SBA DIS4 ASTER LOANS.

5 (a) INTEREST RATE.—Section 7(c) of the Small

6 Business Act (16 U.S.C. 636(c)) is amended by adding

7 at the end the following new paragraph:
2

•HR 2686 IH

1 ‘‘(8)(A)(i) The interest rate on the Federal share of

2 any loan made under subsection (b)(1) or (b)(2) for losses

3 resulting from flooding in the Midwest during the period

4 beginning on June 1, 1993, and ending on May 31, 1994,

5 shall be 1 percent per year.

6 ‘‘(ii) With respect to any loan described in clause (i)

7 which is outstanding on the date of the enactment of this

8 paragraph, the Administrator shall make such change in

9 the interest rate on the balance of such loan as is required

10 under clause (i) effective as of such date of enactment.

11 ‘‘(B) Subparagraph (A) shall apply only to loans with

12 respect to losses on property located in communities par13 ticipating in the national flood insurance program.

14 ‘‘(C) No person receiving a loan pursuant to this

15 paragraph may receive any disaster assistance under this

16 Act or any other Federal law for losses resulting from any

17 subsequent flooding disaster, unless such person (if eligi18 ble) has obtained flood insurance under the national flood

19 insurance program for the property involved.’’.

20 (b) CONFORMING AMENDMENT.—Section 7(c)(5) of

21 such Act is amended by inserting ‘‘except as provided by

22 paragraph (8),’’ after ‘‘October 1, 1982,’’.

Æ
<TABLE> <S> <C>

<ARTICLE>         5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION FROM THE FORM
10-QSB FOR THE QUARTER ENDED November 30, 1997 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>      1,000
       
<S>                                        <C>
<PERIOD-TYPE>                               3-MOS
<FISCAL-YEAR-END>                          AUG-31-1998
<PERIOD-END>                               NOV-30-1997
<CASH>                                             875
<SECURITIES>                                         0
<RECEIVABLES>                                      483
<ALLOWANCES>                                         0
<INVENTORY>                                       2618
<CURRENT-ASSETS>                                 12944
<PP&E>                                           14158                                       
<DEPRECIATION>                                    3807
<TOTAL-ASSETS>                                   46760
<CURRENT-LIABILITIES>                             9480
<BONDS>                                              0
<COMMON>                                            15
<PREFERRED-MANDATORY>                                7
<PREFERRED>                                          4
<OTHER-SE>                                       22420
<TOTAL-LIABILITY-AND-EQUITY>                     46760
<SALES>                                            307
<TOTAL-REVENUES>                                   640
<CGS>                                              102
<TOTAL-COSTS>                                      912
<OTHER-EXPENSES>                                    46
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  71
<INCOME-PRETAX>                                   (318)
<INCOME-TAX>                                      (134)
<INCOME-CONTINUING>                               (184)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    280
<CHANGES>                                            0
<NET-INCOME>                                        96
<EPS-PRIMARY>                                      .01                                      
<EPS-DILUTED>                                      .01
        

</TABLE>
**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**

| 1. | The                Report fully complies with the requirements of Section 13(a) or 15(d),                as                applicable, 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. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                March 26, 2008  | /s/              Jack L. Howard                                                                                                |
|-------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------|
|                                      | Jack                L. Howard Chief                Operating Officer and Secretary(Principal                Financial Officer) |

----
# _HIMP_,_Non-HIMP_

# _HIMP_

# _Non-HIMP_
### IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 52763

- 4

- II Personal Restraint of JIMMY NEWSOM,
Petitioner. UNPUBLISHED OPINION

M AXA , C.J.

– Jimmy Newsom seeks relief from personal restraint imposed as a result of his 2016 conviction for first degree unlawful possession of a firearm. 1 He argues that the State failed to present sufficient evidence that he possessed a firearm. We disagree. The test for determining sufficiency of the evidence is whether, after viewing the evidence in the light most favorable to the State, any rational trier of fact could have found guilt beyond a reasonable doubt. State v. Homan , 181 Wn.2d 102, 105, 330 P.3d 182 (2014). In a sufficiency of the evidence claim, the defendant admits the truth of the State’s evidence and all
reasonable inferences drawn fr om that evidence. Id. at 106. A person can have actual possession or constructive possession of an item. State v.
Reichert , 158 Wn. App. 374, 390, 242 P.3d 44 (2010) . Actual possession requires physical custody of the item. Id. Constructive possess ion occurs when a person has “dominion and
control” over an item. Id. Here, Vancouver Police Officer Ron Stevens saw Tyler Lawhead chasing Newsom on foot. Stevens later located the two men. According to Stevens, Lawhead told him that Newsom

1 We issued the mandate of Newsom’s direct appeal on November 20, 2018, making his December 17, 2018 petition timely filed. RCW 10.73.090(3)(b). Filed Washington State Court of Appeals Division Two May 29, 2019No. 52763

- 4

- II

2

had a sm all gun. At trial, Lawhead denied telling Stevens that Newsom had a gun, but he admitted that he told Stevens that there might have been a gun because Newsom had gestured toward his waistline as if he had a gun. Lawhead also said that he had seen somethi ng shiny at
Newsom’s waistline. Officer Robert Schoene arrested Newsom on an outstanding warrant. After placing Newsom in a patrol car, Schoene noticed a black and silver gun on the ground where Newsom had entered the patrol car.
This evidence was suf

ficient for a rational trier of fact to have found beyond a reasonable doubt that Newsom had had possession of the firearm found on the ground and therefore was guilty of unlawful possession of a firearm.
CONCLUSION Newsom does not present grounds for r elief from restraint. Therefore, we deny his petition. A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it is so orde red.

MAXA, C.J. We concur:

WORSWICK, J.

MELNICK, J.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2641 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2641

To amend the Federal Aviation Act of 1958 to prohibit the issuance of a 
 certificate of public convenience and necessity to an applicant which 
  is controlled by a person who has controlled 1 or more air carriers 
which have filed, in the aggregate, 2 or more petitions for bankruptcy.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 1993

  Mr. Rahall introduced the following bill; which was referred to the 
              Committee on Public Works and Transportation

_______________________________________________________________________

                                 A BILL

 
To amend the Federal Aviation Act of 1958 to prohibit the issuance of a 
 certificate of public convenience and necessity to an applicant which 
  is controlled by a person who has controlled 1 or more air carriers 
which have filed, in the aggregate, 2 or more petitions for bankruptcy.

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

SECTION 1. LIMITATION ON ISSUANCE OF CERTIFICATES OF PUBLIC CONVENIENCE 
              AND NECESSITY.

    Section 401 of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1371) is amended by adding at the end the following new subsection:
    ``(s) Limitation on Issuance of Certificates.--
            ``(1) General rule.--No certificate shall be issued to an 
        applicant under this section if such applicant is controlled by 
        a person who controls or had controlled, in any manner 
        whatsoever, 1 or more air carriers which filed, while under 
        such control, in the aggregate, 2 or more petitions under the 
        bankruptcy laws contained in title 11 of the United States 
        Code.
            ``(2) Invalidation of certain certificates.--If a 
        certificate was issued to an applicant under this section after 
        January 1, 1993, and before the date of the enactment of this 
        subsection, and such certificate could not have been issued to 
        the applicant under the rule contained in paragraph (1), such 
        certificate shall no longer be valid after such date of 
        enactment.
            ``(3) Presumption.--For the purposes of this subsection, 
        any person owning 5 percent or more of the voting securities of 
        an air carrier shall be presumed to be in control of the air 
        carrier unless the Secretary finds otherwise.''.

SEC. 2. CONFORMING AMENDMENT.

    The table of contents contained in the first section of the Federal 
Aviation Act of 1958 is amended by adding at the end of the matter 
relating to section 401 the following new item:

                                  ``(s) Limitation on issuance of 
                                        certificates.''.

                                 <all>
```
—

EO)A- QO] &- 000 >
Sharpe, Mary Frances - FSIS

From: Deborah Press <

Sent: Tuesday, October 31, 2017 2:47 PM
To: FSIS.FOIA@usda.gov

Subject: PPIA enforcement records request
Hello,

On behalf of the American Society for the Prevention of Cruelty to Animals, | request all Noncompliance Records,
Memorandums of Interview, Letters of Cause, and Letters of Concern for noncompliance related to the humane
treatment of poultry {i.e., “good commercial practices”) under the Poultry Products Inspection Act (ISP Code 04C05)
issued by FSIS during the months of January 1-September 30, 2017.

Thanks very much for your help.

Sincerely, Receiveg in USDAIFSis
Deborah Dubow Press ocr 31 207
Director of Regulatory Affairs

American Society for the Prevention of Cruelty to Animals FOIA Office

600 Pennsylvania Avenue, SE

Suite 450

Washington, DC 20003

202.621] office
cell

The information contained in this e-mail, and any attachments hereto, is from The American Society for the
Prevention of Cruelty to Animals® (ASPCA®) and is intended only for use by the addressee(s) named herein
and may contain privileged and/or confidential information. If you are not the intended recipient(s) of this c-
mail, you are hereby notified that any dissemination, distribution, copying or use of the contents of this e-mail,
and any attachments hereto, is strictly prohibited unless authorized by the sender. If you have received this e-
mail in error, please immediately notify the sender by reply email and permanently delete this e-mail and any
printout thereof.