alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

NOEL GALLARDO-MEDINA, a.k.a.

Gustavo Chavez, a.k.a. Noe GallardoMedina, a.k.a. Gordo, a.k.a. Noe,

 Defendant - Appellant.

No. 15-50057

D.C. No. 2:12-cr-00566-MMM

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Margaret M. Morrow, District Judge, Presiding

Submitted March 15, 2016** 

Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.

Noel Gallardo-Medina appeals from the district court’s judgment and

challenges the 168-month sentence imposed following his guilty-plea conviction

for conspiracy to distribute cocaine and methamphetamine, in violation of 21

FILED

MAR 21 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. §§ 841(b)(1)(A) and 846. We have jurisdiction under 28 U.S.C. § 1291,

and we affirm.

Gallardo-Medina contends that the sentence is substantively unreasonable in

light of the unduly harsh nature of the methamphetamine Guidelines and the

district court’s failure to give sufficient weight to the need to avoid unwarranted

sentencing disparities. The district court did not abuse its discretion in imposing

Gallardo-Medina’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). 

The below-Guidelines sentence is substantively reasonable in light of the 18 U.S.C.

§ 3553(a) sentencing factors and the totality of the circumstances, including the

nature of the offense and the need to avoid unwarranted sentencing disparities. See

Gall, 552 U.S. at 51; United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th

Cir. 2009) (“The weight to be given the various factors in a particular case is for

the discretion of the district court.”).

AFFIRMED.

2 15-50057
Editorial Note on Part 301
Editorial Note: In the text of this part, integral section references are to sections of the Internal Revenue Code of 1954; decimal section references are to the Code of Federal Regulations. References in the text to the “Code” are references to sections of the Internal Revenue Code of 1954.

§ 301.7409-1 Action to enjoin flagrant political expenditures of section 501(c)(3) organizations. ( a ) *Letter to organization.* When the Assistant Commissioner (Employee Plans and Exempt Organizations) concludes that a section 501(c)(3) organization has engaged in flagrant political intervention and is likely to continue to engage in political intervention that involves political expenditures, the Assistant Commissioner (Employee Plans and Exempt Organizations) shall send a letter to the organization providing it with the facts based on which the Service believes that the organization has been engaging in flagrant political intervention and is likely to continue to engage in political intervention that involves political expenditures. The organization will have 10 calendar days after the letter is sent to respond by establishing that it will immediately cease engaging in political intervention, or by providing the Service with sufficient information to refute the Service's evidence that it has been engaged in flagrant political intervention. The Internal Revenue Service will not proceed to seek an injunction under section 7409 until after the close of this 10-day response period.
( b ) *Determination by Commissioner.* If the organization does not respond within 10 calendar days to the letter under paragraph (a) of this section in a manner sufficient to dissuade the Assistant Commissioner (Employee Plans and Exempt Organizations) of the need for an injunction, the file will be forwarded to the Commissioner of Internal Revenue. The Commissioner of Internal Revenue will personally determine whether to forward to the Department of Justice a recommendation that it immediately bring an action to enjoin the organization from making further political expenditures. The Commissioner may also recommend that the court action include any other action that is appropriate in ensuring that the assets of the section 501(c)(3) organization are preserved for section 501(c)(3) purposes. The authority of the Commissioner to make the determinations described in this paragraph may not be delegated to any other persons.
( c ) *Flagrant political intervention.* For purposes of this section, *flagrant political intervention* is defined as participation in, or intervention in (including the publication and distribution of statements), any political campaign by a section 501(c)(3) organization on behalf of (or in opposition to) any candidate for public office in violation of the prohibition on such participation or intervention in section 501(c)(3) and the regulations thereunder if the participation or intervention is flagrant.
( d ) *Effective date.* This section is effective December 5, 1995.
[T.D. 8628, 60 FR 62213, Dec. 5, 1995] Proceedings by Taxpayers and Third Parties
§ 20.2207A-2 Effective date. The provisions of § 20.2207A-1 are effective with respect to estates of decedents dying after March 1, 1994. With respect to estates of decedent dying on or before such date, the executor of the decedent's estate may rely on any reasonable interpretation of the statutory provisions. For these purposes, the provisions of § 20.2207A-1 (as well as project LR-211-76, 1984-1 C.B., page 598, see § 601.601(d)(2)(ii)( b ) of this chapter), are considered a reasonable interpretation of the statutory provisions. [T.D. 8522, 59 FR 9655, Mar. 1, 1994]
§ 1.9000-7 Provisions for estimated tax. ( a ) *Additions to tax under section 294(d) of the Internal Revenue Code of 1939.* Any addition to the tax under section 294(d) (relating to estimated tax) of the Internal Revenue Code of 1939 shall be computed as if the tax for the year for which the estimate was made were computed with sections 452 and 462 still applicable to such taxable year. For the purpose of the preceding sentence, it is not necessary for the taxpayer actually to have made an election under section 452 or 462; it is only necessary for the taxpayer to have taken such sections into account in estimating its tax liability for the year. Thus, if in determining the amount of estimated tax, the taxpayer computed his estimated tax liability by applying those sections, that portion of any additions to tax under section 294(d) resulting from the repeal of sections 452 and 462 shall be disregarded.
( b ) *Additions to tax under section 6654.* In the case of an underpayment of estimated tax, any additions to the tax under section 6654, with respect to installments due before December 15, 1955, shall be computed without regard to any increase in tax resulting from the repeal of sections 452 and 462. Any additions to the tax with respect to installments due on or after December 15, 1955, shall be imposed in accordance with the applicable provisions of the Code, and as though sections 452 and 462 had not been enacted. Thus, a taxpayer whose declaration of estimated tax was based upon an estimate of his taxable income for the year of the estimate which was determined by taking sections 452 and 462 into account, must file an amended declaration on or before the due date of the next installment of estimated tax due on or after December 15, 1955. Such amended declaration shall reflect an estimate of the tax without the application of such sections. If the taxpayer bases his estimate on the tax for the preceding taxable year under section 6654(d)(1)(A), an amended declaration must be filed on or before the due date of the next installment due on or after December 15, 1955, if the tax for the preceding taxable year is increased as the result of the repeal of sections 452 and 462. Similarly, if the taxpayer bases his estimate on the tax computed under section 6654(d)(1)(B), he must file an amended declaration on or before the due date of the next installment due on or after December 15, 1955, taking into account the repeal of sections 452 and 462 with respect to the preceding taxable year. Any increase in estimated tax shown on an amended declaration filed in accordance with this paragraph must be paid in accordance with section 6153(c).
( c ) *Estimated tax of corporations.* Corporations required to file a declaration of estimated tax under section 6016 for taxable years ending on and after December 31, 1955, shall estimate their tax liability for such year as if sections 452 and 462 had not been enacted. Thus, if the corporation bases its estimated tax liability under section 6655(d) (1) or (2) on its operations for the preceding taxable year, the effect of the repeal of sections 452 and 462 with respect to such year must be taken into account.
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 Encorium Group, Inc. (the Company) on Form 10-Q for the
period ending June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kenneth M. Borow, M.D., President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                     
|-------------------------------------
|/s/ Kenneth M. Borow, M.D.           
|Kenneth M. Borow, M.D.               
|President and Chief Executive Officer

August 14, 2007

The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes  Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or
as a separate disclosure document.



E-3
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





In
      connection with the Quarterly Report of American Tax Credit Properties III
      L.P.
      (the “Registrant”) on Form 10-Q for the period ended June 29, 2008 as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      Neal Ludeke, Chief Financial Officer of Richman Housing Credits Inc., general
      partner of Richman Tax Credit Properties III L.P., general partner of the
      Registrant, certify, pursuant to 18 U.S.C. Section 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
                Registrant.




/s/Neal
                LudekeNeal
                LudekeChief
                Financial Officer of RichmanHousing
                Credits Inc., general partnerof
                Richman Tax Credit Properties IIIL.P.,
                General Partner of the RegistrantAugust
                13, 2008
Heavy Duty Greenhouse Gas Document 

Collection Process:

A Step-By-Step Guide to Submit Heavy 

Duty Greenhouse Gas Documents to EPA
Compliance Division

Office of Transportation and Air Quality

U.S. Environmental Protection Agency

Heavy Duty Greenhouse Gas Document 

Collection Process:

A Step-By-Step Guide to Submit Heavy 

Duty Greenhouse Gas Documents to EPA

EPA-420-B-12-062

October 2012
 1 

Instructions for Submitting Heavy Duty Greenhouse Gas Documents to 

EPA Verify Document Module

1. Manufacturers submitting data must have a manufacturer’s code 

established with Verify

EPA receives data and documents from manufacturers through its Verify system. Any 

manufacturer wishing to submit data or documents must have a valid manufacturer code, 

which can be obtained by following the instructions at 

http://www.epa.gov/otaq/verify/mfr-code.htm. Please follow all instructions on this page 

completely. Any problems or questions regarding Verify should be directed to the Verify 

Help Desk at 1-888-890-1995 or verifyhelp@csc.com. 

2. First time users of Verify need to follow Verify’s setup instructions

Once the data submitter obtains a valid manufacturer code with Verify, they will need to 

set up user account(s) by following the instructions at 

http://www.epa.gov/OMS/verify/setup.htm. In order to submit data or documents, a user 

account is mandatory. As with obtaining a manufacturer code, any problems with setting 

up a user account should be directed to the Verify Help Desk at 1-888-890-1995 or

verifyhelp@csc.com. 

3. Log in to Verify and submit completed data submission form to Verify’s 

Document Module

To submit your documents, log in to Verify at http://cdx.epa.gov/warning.asp. Follow the 

instructions to log in. Once in the “MyCDX” page, click on the link titled “VERIFY: Upload 

Compliance Documents.” The screen shot below with additional instructions 

superimposed provides more details for what should be entered in the following screen:
 2 
 3 

After this page is correctly filled out, select “Review & Submit.” After submitting the 

document, if Verify accepted the submission, you will get a message in your inbox stating 

so. If your submission was rejected, the inbox will also notify you with a reason for why it 

was reject. The inbox message may take a few minutes before arriving in your inbox. Your 

CDX inbox can be accessed through the left navigation bar through the “Inbox” link.
| (logo) WELLS FARGO | **Corporate Trust Services**MAC R1204-0109062 Old Annapolis RoadColumbia, MD 21045Tel: 410 884 2000 Fax: 410 715 2380 |
|--------------------|-----------------------------------------------------------------------------------------------------------------------|

 RE: Annual Statement of Compliance for JPMBB Commercial Mortgage Securities Trust 2015-C32 Commercial Mortgage Pass-Through Certificates Series 2015-C32  Per the Pooling and Servicing Agreement dated as of October 1, 2015 (the "Agreement"), the undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as Certificate Administrator ("Wells Fargo"), hereby certifies as follows as of and for the year ending December 31, 2015 (the "Reporting Period"): (a) A review of Wells Fargo's activities during the Reporting Period and of its performance under the Agreement has been made under such officer's supervision; and (b) To the best of such officer's knowledge, based on such review, Wells Fargo has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period.  March 1, 2016  /s/ Brian SmithBRIAN SMITHVice President   Wells Fargo Bank, N.A.
EXHIBIT 99.1

                  CERTIFICATION PURSUANT TO SECTION 906
                    OF THE SARBANES-OXLEY ACT OF 2002


I, Fred L. Holliger, Chief Executive Officer of Giant Industries, Inc.
("Giant"), do hereby certify that: (a) the Quarterly Report on Form
10-Q of Giant for the quarterly period ended March 31, 2003 (the "Form
10-Q") to which this certification is being furnished as an exhibit
fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, and (b) the information contained in
the Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of Giant.

Giant Industries, Inc.


By:  /s/ FRED L. HOLLIGER
-------------------------------
Name:   Fred L. Holliger
Title:  Chief Executive Officer

Date:   May  14,  2003.
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the
financial statements and is qualified in its entirety by reference to such
financial statements.
</LEGEND>

<MULTIPLIER> 1

       
<S>                           <C>
<PERIOD-TYPE>                       3-MOS
<FISCAL-YEAR-END>             NOV-30-1997
<PERIOD-END>                  FEB-28-1997
<CASH>                          3,334,807
<SECURITIES>                      816,990
<RECEIVABLES>                   7,259,308
<ALLOWANCES>                       42,000
<INVENTORY>                    23,823,603
<CURRENT-ASSETS>               37,869,484
<PP&E>                          9,990,971
<DEPRECIATION>                  4,652,734
<TOTAL-ASSETS>                 51,177,127
<CURRENT-LIABILITIES>           3,714,532
<BONDS>                        15,294,306
<PREFERRED-MANDATORY>                   0
<PREFERRED>                         7,396
<COMMON>                           31,919
<OTHER-SE>                     26,893,943
<TOTAL-LIABILITY-AND-EQUITY>   51,177,127
<SALES>                         9,761,944
<TOTAL-REVENUES>                9,761,944
<CGS>                           5,661,836
<TOTAL-COSTS>                   5,661,836
<OTHER-EXPENSES>                        0
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                297,811
<INCOME-PRETAX>                   495,771
<INCOME-TAX>                      207,000
<INCOME-CONTINUING>               341,150
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                      341,150
<EPS-PRIMARY>                         .08
<EPS-DILUTED>                         .08
        


</TABLE>
#### § 20.6091-2 Exceptional cases.

Notwithstanding the provisions of § 20.6091-1 the Commissioner may permit the filing of the preliminary notice required by § 20.6036-1 and the estate tax return required by § 20.6018-1 in any local Internal Revenue Service office.

[T.D. 6600, 27 FR 4986, May 29, 1962, as amended by T.D. 9156, 69 FR 55745, Sept. 16, 2004]
**Exhibit 32.1**

 

**Certification Pursuant to18 USC 1350, As Adopted Pursuant toSection 906 of The Sarbanes-Oxley Act of 2002**

 

In connection with theQuarterly Report of ProCyte Corporation (the “Company”) on Form 10-Q for thequarter ended June 30, 2003, as filed with the Securities and ExchangeCommission on the date hereof, I, John F. Clifford, Chairman and ChiefExecutive Officer of the Company, certify, pursuant to18 USC Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:

 

1.                the Form 10-Q fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78m or 78o(d)); and

 

2.                the information contained in the Form10-Q fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
| Date:  August 13, 2003 | By:    | /s/ John F.  Clifford                                     |
|-----------------------------|--------|-----------------------------------------------------------|
|                        |   | John F.  Clifford, Chairman and CEO,  ProCyte Corporation |

 

----
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.                  

###### Nuclear Regulatory Commission

          - [Docket No. 50-391; ASLBP No. 09-893-01-OL-BD01]

                    Pursuant to delegation by the Commission dated December 29, 1972, published in the                     **Federal Register**                    , 37 FR 28,710 (1972), and the Commission's regulations,                     *see*10 CFR 2.104, 2.300, 2.313, 2.318, and 2.321, notice is hereby given that an Atomic Safety and Licensing Board (Board) is being established to preside over the following proceeding: Tennessee Valley Authority (Watts Bar Nuclear Plant, Unit 2)                

This proceeding concerns a request for hearing from petitioners Southern Alliance for Clean Energy, Tennessee Environmental Council, We the People, the Sierra Club, and the Blue Ridge Environmental Defense League. The hearing request was submitted in response to a May 1, 2009 Notice of Receipt of Update to Application for Facility Operating License and Notice of Opportunity for Hearing for the Watts Bar Nuclear Plant, Unit 2 (74 FR 20350). Petitioners challenge the updated application filed by Tennessee Valley Authority for a facility operating license for the Watts Bar Nuclear Plant, Unit 2, to be located in Rhea County, Tennessee.

The Board is comprised of the following administrative judges:

Lawrence G. McDade, Chair, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Paul B. Abramson, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Gary S. Arnold, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

All correspondence, documents, and other materials shall be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 2007 (72 FR 49139).

Issued at Rockville, Maryland, this 28th day of July 2009.

E. Roy Hawkens,

Chief Administrative Judge, Atomic Safety and Licensing Board Panel.

[FR Doc. E9-18437 Filed 7-31-09; 8:45 am]

BILLING CODE 7590-01-P