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

No. 09-3982.

United States Court of Appeals, Eighth Circuit.

Submitted: Nov. 19, 2010.

Filed: Feb. 8, 2011.

Matt R. Molsen, Assistant U.S. Attorney, U.S. Attorney’s Office, Lincoln, NE, for Plaintiff-Appellee.

Angel M. Koski, Fort Worth, TX, pro se.

Theresa M. Siglar, Lincoln, NE, for Defendant-Appellant.

Before RILEY, Chief Judge, MELLOY and GRUENDER, Circuit Judges.

PER CURIAM.

Pursuant to a written plea agreement, Angel M. Koski pleaded guilty to one count of conspiring to manufacture methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1) and 846. The district court1 sentenced her at the bottom of the applicable Guidelines range to seventy-seven months’ imprisonment followed by five years’ supervised release. Koski now appeals her sentence, arguing her sentence was unreasonable, she should have received further reduction for mitigating circumstances, and she should have been eligible for “safety valve” relief. We affirm.

The plea agreement contains an appeal waiver, according to which Koski waived any and all rights to appeal her conviction and sentence except the right to seek post-conviction relief based upon ineffective assistance of counsel, the right to appeal the district court’s decision that she does not meet the requirements of United States Sentencing Guidelines § 5C1.2 and 18 U.S.C. § 3553(f)(l)-(5), and the right to appeal her conviction and sentence if the statute under which she was convicted were later found invalid. We will enforce *972the appeal waiver because the appeal falls within the scope of the waiver, the record shows the requisite knowledge and voluntariness, and enforcing the waiver will not result in a miscarriage of justice. *See United States v. Andis,*333 F.3d 886, 889-92 (8th Cir.2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, both plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result).

Koski’s only argument not barred by the appeal waiver is her claim that the district court erred in finding that she is not eligible for the “safety valve” provision set forth in 18 U.S.C. § 3553(f). The safety valve provision mandates that the court sentence a defendant in accordance with the Guidelines without regard to any statutory minimum sentence, if the court finds the defendant meets five statutory requirements. *See*18 U.S.C. § 3553(f). The first of the five requirements is “the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines.” § 3553(f)(1). The presentence report assigned Koski sixteen criminal history points under U.S.S.G. § 4A1.1, resulting in a criminal history category of VI. Therefore, the district court did not err in finding Koski ineligible for safety valve relief.

Accordingly, we affirm the judgment of the district court.

1

. The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FIRST
QUARTER 1997 10-Q OF ISP HOLDINGS INC. AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
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<SECURITIES>                                   234,719
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</TABLE>
EX-35.1
(logo) CHASE

SUBSERVICER COMPLIANCE STATEMENT

RE: HomeBanc Mortgage Trust 2007-1 Mortgage Pass-Through Certificates: This
Pooling and Servicing Agreement, dated as of March 1, 2007 (this "Agreement" or
this "Pooling and Servicing Agreement"), is by and among HMB Acceptance Corp., a
Delaware corporation, as depositor (the "Depositor"), U.S. Bank National
Association, as trustee (the "Trustee"), Wells Fargo Bank, N.A., as securities
administrator (in such capacity, the "Securities Administrator") and master
servicer (in such capacity, the "Master Servicer"), HomeBanc Mortgage
Corporation, a Georgia corporation, as seller (in such capacity, the "Seller")
and as servicer (in such capacity, the "Servicer") and Wilmington Trust Company,
a Delaware banking corporation, as Delaware trustee (the "Delaware Trustee")

The undersigned, each a duly authorized officer of Chase Home Finance LLC
("CHF"), do hereby certify that:

(1) CHF is a Subservicer of JPMorgan Chase Bank, National Association (the
"Subservicer" per the Mortgage Loan Subservicing Agreement, dated October 1,
2007) under the Agreement

(2) A review of the activities of CHF during the period from October 1,
2007 to December 3, 2007 and of the performance of CHF under the Agreement has
been made under our supervision; and

(3) To the best of our knowledge, based on such review, CHF has fulfilled
all its obligations under the Agreement in all material respects throughout such
period.

Capitalized terms used but not defined herein shall have the meanings
assigned in the Agreement.

Date: 02/28/2008

Chase Home Finance LLC,
as Subservicer

By: /s/ Kim Greaves
Name: Kim Greaves
Title: Senior Vice President
Servicing Manager

By: /s/ Jim Miller
Name: Jim Miller
Title: Senior Vice President
Default Servicing Manager
Exhibit 4.1



INCORPORATED   UNDER THE LAWS OF THE STATE OF DELAWARE SEE REVERSE SIDE FOR CERTAIN   DEFINITIONS THIS CERTIFIES THAT is the owner of FULLY PAID AND NON-ASSESSABLE   CLASS A COMMON STOCK, $0.001 PAR VALUE, OF VERTEX, INC. transferable on the   books of the Corporation byCthe hOolder Mhereof iMn persoOn or bNy Attorney   upon surrender of this certificate properly endorsed. This certificate is not   valid until countersigned and registered by the Transfer Agent and Registrar.   IN WITNESS WHEREOF, the said Corporation has caused this certificate to be   signed by facsimile signatures of its duly authorized officers. Dated: SIG TO   COME SIG TO COME TITLE TITLE COUNTERSIGNED AND REGISTERED: EQUINITI TRUST   COMPANY TRANSFER AGENT AND REGISTRAR BY AUTHORIZED SIGNATURE CUSIP 92538J 10   6 


    




 










THE BOARD OF   THIS CORPORATION HAS THE AUTHORITY TO CREATE AND DETERMINE THE RELATIVE   RIGHTS AND PREFERENCES OF CLASSES OR SERIES OF SHARES OF CAPITAL STOCK OTHER   THAN COMMON STOCK. THIS CORPORATION WILL FURNISH TO ANY SHAREHOLDER UPON   WRITTEN REQUEST SENT TO ITS PRINCIPAL EXECUTIVE OFFICES, AND WITHOUT CHARGE,   A FULL STATEMENT OF THE BOARD’S AUTHORITY TO CREATE AND DETERMINE THE   RELATIVE RIGHTS AND PREFERENCES OF CLASSES OR SERIES OF SHARES OF CAPITAL   STOCK AS WELL AS THE DESIGNATIONS, PREFERENCES, LIMITATIONS AND RELATIVE   RIGHTS OF THE SHARES OF EACH CLASS OR SERIES THEN OUTSTANDING OR AUTHORIZED   TO BE ISSUED. The following abbreviations, when used in the inscription on   the face of this certificate, shall be construed as though they were written   out in full according to applicable laws or regulations: UTMA – Custodian TEN   COM TEN ENT JT TEN – as tenants in common – as tenants by entireties – as   joint tenants with right of survivorship and not as tenants in common (Cust)   (Minor) under Uniform Transfers to Minors Act (State) Additional   abbreviations may also be used though not in the above list. For value   received hereby sell, assign, and transfer unto PLEASE INSERT SOCIAL SECURITY   OR OTHER IDENTIFYING NUMBER OF ASSIGNEE (PLEASE PRINT OR TYPEWRITE NAME AND   ADDRESS INCLUDING POSTAL ZIP CODE OF ASSIGNEE) Shares of the capital stock   represented by the within Certificate, and do hereby irrevocably constitute   and appoint Attorney to transfer the said stock on the books of the   within-named Corporation with full power of substitution in the premises.   Dated X X NOTICE: THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE   NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR WITHOUT   ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER. SIGNATURE GUARANTEED ALL   GUARANTEES MUST BE MADE BY A FINANCIAL INSTITUTION (SUCH AS A BANK OR BROKER)   WHICH IS A PARTICIPANT IN THE SECURITIES TRANSFER AGENTS MEDALLION PROGRAM   (“STAMP”), THE NEW YORK STOCK EXCHANGE, INC. MEDALLION SIGNATURE PROGRAM   (“MSP”), OR THE STOCK EXCHANGES MEDALLION PROGRAM (“SEMP”) AND MUST NOT BE   DATED. GUARANTEES BY A NOTARY PUBLIC ARE NOT ACCEPTABLE.
CERTIFICATION




C-BASS
2007-CB4 Trust







I,
Elizabeth Folk, Senior Vice President and Chief Financial Officer of Litton Loan
Servicing LP, certify that:





1.           I
have reviewed the report on Form 10-K and all reports on Form 10-D required to
be filed in respect of the period covered by this report on Form 10-K of C-BASS
2007-CB4 Trust (the “Exchange Act Periodic Reports”);





2.           Based
on my knowledge, the Exchange Act Periodic Reports, taken as a whole, do 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, all of the distribution, servicing and other information
required to be provided under Form 10-D for the period covered by this report is
included in the Exchange Act Periodic Reports;





4.           I
am responsible for reviewing the activities performed by the servicers and based
on my knowledge and the compliance reviews conducted in preparing the servicer
compliance statements required in this report under Item 1123 of Regulation AB,
and except as disclosed in the Exchange Act Periodic Reports, the servicers have
fulfilled their obligations under the pooling and servicing agreement in all
material respects; and





5.           All
of the reports on assessment of compliance with servicing criteria for
asset-backed securities and their related attestation reports on assessment of
compliance with servicing criteria for asset-backed securities required to be
included in this report in accordance with Item 1122 of Regulation AB and
Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this
report, except as otherwise disclosed in this report.  Any material
instances of noncompliance described in such reports have been disclosed in this
report on Form 10-K.





In giving
the certifications above, I have reasonably relied on information provided to me
by the following unaffiliated parties:  The Bank of New York
(custodian) and LaSalle Bank National Association (trustee).








Date:                      March
3, 2008











/s/
Elizabeth
Folk


Elizabeth
Folk


Senior
Vice President and


Chief
Financial Officer


Litton
Loan Servicing LP


(Senior
Officer in charge of servicing


function
of the servicer)










LLS
10K - Certification (Inv 394)
<TABLE> <S> <C>


        
<CAPTION>
<ARTICLE> 5
       
<S>                              <C>       
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                Sep-30-1998
<PERIOD-START>                   Oct-01-1998
<PERIOD-END>                     Dec-31-1998
<CASH>                                 8,071
<SECURITIES>                               0      
<RECEIVABLES>                      1,055,754      
<ALLOWANCES>                               0
<INVENTORY>                           14,149
<CURRENT-ASSETS>                   1,145,752
<PP&E>                               497,775           
<DEPRECIATION>                       115,263
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<CURRENT-LIABILITIES>                727,039
<BONDS>                              343,888
<COMMON>                             644,640       
<PREFERRED-MANDATORY>                      0
<PREFERRED>                                0   
<OTHER-SE>                           108,685  
<TOTAL-LIABILITY-AND-EQUITY>       1,824,252
<SALES>                              523,107        
<TOTAL-REVENUES>                     523,107
<CGS>                                      0     
<TOTAL-COSTS>                        511,930   
<OTHER-EXPENSES>                           0
<LOSS-PROVISION>                           0
<INTEREST-EXPENSE>                    26,222
<INCOME-PRETAX>                       11,177         
<INCOME-TAX>                               0        
<INCOME-CONTINUING>                        0
<DISCONTINUED>                             0      
<EXTRAORDINARY>                            0   
<CHANGES>                                  0        
<NET-INCOME>                          11,177
<EPS-PRIMARY>                          (.003)       
<EPS-DILUTED>                          (.003)

        

</TABLE>
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Exhibit 31.2**CERTIFICATION**I, Richard A. Baron, certify that:1. I have reviewed this Quarterly Report on Form 10-Q of eResearchTechnology, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b) Designed such internal control over financial reporting, or caused suchinternal control over financial reporting to be designed under our supervision, toprovide reasonable assurance regarding the reliability of financial reporting and thepreparation of financial statements for external purposes in accordance with generallyaccepted accounting principles;  (c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  (d) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and
1

 
5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors: (a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.       Date: May 8, 2008 /s/ Richard A. Baron               Richard A Baron,     Executive Vice President, Chief     Financial Officer and Secretary
2
[No. 58337-9-I.

Division One.

September 24, 2007.]

#### The State of Washington, *Respondent,*v. Gonzalo Bartolo-Hernandez, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 06-1-01312-0, Julie Spector, J., entered May 23, 2006. *Affirmed*by unpublished per curiam opinion.
I

103D CONGRESS

1ST SESSION H. R. 283

To amend the Immigration and Nationality Act to provide the children of

female United States citizens born abroad before May 24, 1934, and

their descendants, with the same rights to citizenship at birth as children

born of male citizens abroad.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. MINETA (for himself and Mr. BERMAN) introduced the following bill;

which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to provide

the children of female United States citizens born abroad

before May 24, 1934, and their descendants, with the

same rights to citizenship at birth as children born of

male citizens abroad.

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 ‘‘Equity in Citizenship

5 Act of 1993’’.
2

•HR 283 IH

1 SEC. 2. EQUAL TREATMENT OF WOMEN IN CONFERRING

2 CITIZENSHIP FOR CHILDREN BORN ABROAD.

3 (a) IN GENERAL.—Section 301 of the Immigration

4 and Nationality Act (8 U.S.C. 1401) is amended—

5 (1) by striking the period at the end of para6 graph (g) and inserting ‘‘; and’’, and

7 (2) by adding at the end the following new

8 paragraph:

9 ‘‘(h) a person born before noon (Eastern Stand10 ard Time) May 24, 1934, outside the limits and ju11 risdiction of the United States of an alien father and

12 a mother who is a citizen of the United States who,

13 prior to the birth of such person, had resided in the

14 United States.’’.

15 (b) WAIVER OF RETENTION REQUIREMENTS.—Any

16 provision of law (including section 301(b) of the Immigra17 tion and Nationality Act (as in effect before October 10,

18 1978), and the provisos of section 201(g) of the National19 ity Act of 1940) that provided for a person’s loss of citi20 zenship or nationality if the person failed to come to, or

21 reside or be physically present in, the United States shall

22 not apply in the case of a person claiming United States

23 citizenship based on such person’s descent from an indi24 vidual described in section 301(h) of the Immigration and

25 Nationality Act (as added by subsection (a)).
3

•HR 283 IH

1 (c) RETROACTIVE APPLICATION.—The immigration

2 and nationality laws of the United States shall be applied

3 (to persons born before, on, or after the date of the enact4 ment of this Act) as though such amendment and such

5 subsection had been in effect as of the date of their birth.

6 However, the retroactive application of the amendment

7 and provision shall not affect the validity of citizenship

8 of anyone who has obtained citizenship under section 1993

9 of the Revised Statutes (as in effect before the enactment

10 of the Act of May 24, 1934, 48 Stat. 797).

Æ