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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE MANUEL LUEVANO BENITEZ, 

AKA Jose Manuel Benitez Luevano, 

Petitioner, 

 v. 

WILLIAM P. BARR, Attorney General, 

Respondent.

No. 13-73180 

Agency No. A075-118-868 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted August 9, 2019**

San Francisco, California

Before: HAWKINS, McKEOWN, and BENNETT, Circuit Judges.

Jose Manuel Luevano Benitez (“Luevano”), a native and citizen of Mexico, 

petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing 

his appeal from an immigration judge’s (“IJ”) order of removal and denial of his 

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

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision without 

oral argument. See Fed. R. App. P. 34(a)(2).

FILED

AUG 13 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

motion to suppress. We have jurisdiction under 8 U.S.C. § 1252 and deny the 

petition.

The BIA did not err in concluding that the evidence of Luevano’s alienage 

that Immigration and Customs Enforcement (“ICE”) obtained during the raid of Sun 

Valley Floral Farms was not obtained in violation of Luevano’s constitutional rights 

or any laws or regulations. Substantial evidence supports the BIA’s conclusion that 

Luevano was not seized within the meaning of the Fourth Amendment when he was 

questioned during the raid. See I.N.S. v. Delgado, 466 U.S. 210, 220 (1984). 

Through their consensual interactions with Luevano, ICE agents developed the 

“reasonable suspicion” necessary to seize him and further investigate his 

immigration status. See Orhorhaghe v. I.N.S., 38 F.3d 488, 497 (9th Cir. 1994). 

Thus, Luevano’s Fourth Amendment claims fail. Moreover, although Luevano 

claims the BIA failed to address his Fifth Amendment claim, the BIA concluded that 

the conditions under which Luevano was seized and questioned were not sufficiently 

coercive that admitting the Form I-213 would violate his Fifth Amendment rights. 

Substantial evidence supports this conclusion. Cf. Choy v. Barber, 279 F.2d 642, 

646–47 (9th Cir. 1960). 

PETITION FOR REVIEW DENIED.
§ 548.100 Introductory statement. ( a ) This subpart contains material explaining and illustrating the terms used in subpart A of this part which were issued under section 7(g)(3) of the Fair Labor Standards Act. The purpose of section 7(g)(3) of the Act, and subpart A of this part, is to provide an exception from the requirements of computing overtime pay at the regular rate,[1] and to allow, under specific conditions, the use of an established “basic” rate[2] instead. Basic rates are alternatives to the regular rate of pay under section 7(a), and their use is optional. The use of basic rates is principally intended to simplify bookkeeping and computation of overtime pay.
( b ) Section 7(g) of the Fair Labor Standards Act provides that an employer will comply with the overtime requirements of the Act if:
- * * pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, the amount paid to the employee for the number of hours worked by him in such workweek in excess of the maximum workweek applicable to such employee under such subsection [7](a):
(3) is computed at a rate not less than one and one-half times the rate established by such agreement or understanding as the basic rate to be used in computing overtime compensation thereunder: *Provided,* That the rate so established shall be authorized by regulation by the Secretary of Labor as being substantially equivalent to the average hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a representative period of time; and if (i) the employee's average hourly earnings for the workweek exclusive of payments described in paragraphs (1) through (7) of subsection (e) are not less than the minimum hourly rate required by applicable law, and (ii) extra overtime compensation is properly computed and paid on other forms of additional pay required to be included in computing the regular rate.
[20 FR 5680, Aug. 6, 1955, as amended at 26 FR 7731, Aug. 18, 1961] Footnotes -
548.100
[1] The regular rate is the average hourly earnings of an employee for a workweek. See §§ 778.107 to 778.122 of this chapter on overtime compensation. Sections 7(g)(1) and 7(g)(2) of the Act permit overtime compensation to be computed, under specified conditions, at time and one-half the bona fide hourly or piece rate applicable to the work performed during the overtime hours. See §§ 778.415 to 778.421 of this chapter.
[2] The term “basic” rate as used in this part means the rate authorized under section 7(g)(3) of the Fair Labor Standards Act. Such a rate may be used to compute overtime compensation under the Walsh-Healey Public Contracts Act. (See Rulings and Interpretations No. 3. section 42(e)(1)). However, the term “basic” rate in this part should not be confused with the more general use of the term in the Public Contracts Act to describe all rates which may be used to compute overtime compensation or the use of the term in any other statute.
<PAGE>   1
 
                                                                      EXHIBIT 11
 
                              THE FIRST YEARS INC.
 
                        PRIMARY NET INCOME PER SHARE AND
                       FULLY DILUTED NET INCOME PER SHARE
 
<TABLE>
<CAPTION>
                                                                        YEAR ENDED DECEMBER 31,
                                                                        -----------------------
                                                                           1996         1995
                                                                        ----------   ----------
<S>                                                                     <C>          <C>
Primary Net Income Per Share:
     Net income available for common shares and common stock
      equivalent shares...............................................  $5,241,479   $3,724,493
                                                                        ==========   ==========
     Primary net income per share.....................................  $     1.06   $     0.80
                                                                        ==========   ==========
Shares Used in Computation:
     Weighted average common shares outstanding.......................   4,733,178    4,507,058
     Common stock equivalents -- options..............................     208,018      156,433
                                                                        ----------   ----------
Total common stock and common stock equivalent dilutive shares........   4,941,196    4,663,491
                                                                        ==========   ==========
Fully Diluted Net Income Per Share:
     Net income available for common shares and common stock
      equivalent shares...............................................  $5,241,479   $3,724,493
                                                                        ==========   ==========
     Fully diluted net income per share...............................  $     1.06   $     0.80
                                                                        ==========   ==========
Shares Used in Computation:
     Weighted average common shares outstanding.......................   4,733,178    4,507,058
     Common stock equivalents -- options..............................     218,540      166,595
                                                                        ----------   ----------
Total common stock and common stock equivalent dilutive shares........   4,951,718    4,673,653
                                                                        ==========   ==========
</TABLE>
EXHIBIT 23



CONSENT OF INDEPENDENT ACCOUNTANTS


LONGVIEW FIBRE COMPANY
LONGVIEW, WASHINGTON

We hereby consent to the incorporation by reference in the Registration 
Statement on Form S-8 (No. 33-14358) and the Registration Statement on Form 
S-8 (No. 33-37836) and the Registration Statement on Form S-8 (No. 33-56620) 
of Longview Fibre Company of our report dated December 8, 1998, which 
appears at Item 8 of Longview Fibre Company's Annual Report on Form 10-K.


\s\ PricewaterhouseCoopers
PricewaterhouseCoopers

Portland, Oregon
January 26, 1999


Page 30
§ 1905.24 Consent findings and rules or orders. ( a ) *General.* At any time before the reception of evidence in any hearing, or during any hearing a reasonable opportunity may be afforded to permit negotiation by the parties of an agreement containing consent findings and a rule or order disposing of the whole or any part of the proceeding. The allowance of such opportunity and the duration thereof shall be in the discretion of the presiding hearing examiner, after consideration of the nature of the proceeding, the requirements of the public interest, the representations of the parties, and the probability of an agreement which will result in a just disposition of the issues involved.
( b ) *Contents.* Any agreement containing consent findings and rule or order disposing of a proceeding shall also provide: ( 1 ) That the rule or order shall have the same force and effect as if made after a full hearing;
( 2 ) That the entire record on which any rule or order may be based shall consist solely of the application and the agreement;
( 3 ) A waiver of any further procedural steps before the hearing examiner and the Assistant Secretary; and
( 4 ) A waiver of any right to challenge or contest the validity of the findings and of the rule or order made in accordance with the agreement.
( c ) *Submission.* On or before the expiration of the time granted for negotiations, the parties or their counsel may: ( 1 ) Submit the proposed agreement to the presiding hearing examiner for his consideration; or
( 2 ) Inform the presiding hearing examiner that agreement cannot be reached.
( d ) *Disposition.* In the event an agreement containing consent findings and rule or order is submitted within the time allowed therefor, the presiding hearing examiner may accept such agreement by issuing his decision based upon the agreed findings.
#### § 409.3 Time for filing annual report.

Each surety company required to file an annual report by section 211 of the Labor-Management Reporting and Disclosure Act of 1959 and § 409.2 shall file such report within 150 days after the end of the fiscal year. The period of 150 days within which reports must be filed is stipulated in lieu of the statutory period of 90 days (sec. 207(b), 73 Stat. 529, 29 U.S.C. 437(b) as amended by 79 Stat. 888) pursuant to a finding under section 211 (79 Stat. 888) of the Act that information required to be reported cannot be practicably ascertained within 90 days of the end of the fiscal year.

[31 FR 11177, Aug. 24, 1966, as amended at 50 FR 31310, Aug. 1, 1985]
§ 552.1 Terms used in regulations. ( a ) *Administrator* means the Administrator of the Wage and Hour Division, U.S. Department of Labor, or the Administrator's authorized representative.
( b ) *Act* means the Fair Labor Standards Act of 1938, as amended.
§ 501.42 Procedures for initiating and undertaking review. ( a ) A respondent, WHD, or any other party wishing review, including judicial review, of the decision of an ALJ must, within 30 calendar days of the decision of the ALJ, petition the ARB to review the decision. Copies of the petition must be served on all parties and on the ALJ. If the ARB does not issue a notice accepting a petition for review of the decision within 30 calendar days after receipt of a timely filing of the petition, or within 30 calendar days of the date of the decision if no petition has been received, the decision of the ALJ will be deemed the final agency action.
( b ) Whenever the ARB, either on the ARB's own motion or by acceptance of a party's petition, determines to review the decision of an ALJ, a notice of the same shall be served upon the ALJ and upon all parties to the proceeding.
§ 406.1 Definitions. As used in this part, the term: ( a ) *Corresponding principal officers* means any person or persons performing or authorized to perform, principal executive functions corresponding to those of president and treasurer of any entity engaged in whole or in part in the performance of the activities described in section 203(b) of the Labor-Management Reporting and Disclosure Act of 1959.
( b ) *Fiscal year* means the calendar year or other period of 12 consecutive calendar months, on the basis of which financial accounts are kept by a person. Where a person designates a new fiscal year prior to the expiration of a previously established fiscal year period, the resultant period of less than 12 consecutive calendar months, and thereafter the newly established fiscal year, shall in that order constitute the fiscal years.
( c ) *Undertake* means not only the performing of activities, but also the agreeing to perform them or to have them performed.
( d ) *A direct or indirect party to an agreement or arrangement* includes persons who have secured the services of another or of others in connection with an agreement or arrangement of the type referred to in § 406.2 as well as persons who have undertaken activities at the behest of another or of others with knowledge or reason to believe that they are undertaken as a result of an agreement or arrangement between an employer and any other person, except bona fide regular officers, supervisors or employees of their employer to the extent to which they undertook to perform services as such bona fide regular officers, supervisors or employees of their employer.
[28 FR 14385, Dec. 27, 1963, as amended at 42 FR 59070, Nov. 15, 1977; 63 FR 33779, June 19, 1998]
[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Page 48939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20179]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 7544]


Announcement of Meeting of the International Telecommunication 
Advisory Committee

SUMMARY: This notice announces a meeting of the International 
Telecommunication Advisory Subcommittees (ITAC) on August 22, 2011, 10 
a.m.-noon EDT, at the Department of State, 2201 C Street, NW., 
Washington, DC 20520, to seek advice from the telecommunications 
industry on: (a) The consultation of International Telecommunication 
Union, Telecommunication Standardization Sector Study Group 15, on 
whether draft Recommendation G.tp-oam (Operations, Administration and 
Maintenance mechanism for MPLS-TP in Packet Transport Network (PTN)) 
should be approved as a policy-level document; and (b) what policy 
position the United States should take at the December 2011 Study Group 
15 meeting on this issue.
    This meeting is open to the public as seating capacity allows. The 
public will have an opportunity to provide comments at this meeting. 
People desiring further information on this meeting or wishing to 
request reasonable accommodation may contact the Secretariat at 
<a href="/cdn-cgi/l/email-protection#caa7a3a4abb8aea0af8ab9beabbeafe4ada5bc"><span class="__cf_email__" data-cfemail="a5c8cccbc4d7c1cfc0e5d6d1c4d1c08bc2cad3">[email protected]</span></a>.

    Dated: August 3, 2011.
Marian R. Gordon,
International Communications & Information Policy, U.S. Department of 
State .
[FR Doc. 2011-20179 Filed 8-8-11; 8:45 am]
BILLING CODE 4710-07-P


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</html>
#### § 531.53 Payments which constitute tips.

In addition to cash sums presented by customers which an employee keeps as his own, tips received by an employee include, within the meaning of the Act, amounts paid by bank check or other negotiable instrument payble at par and amounts transferred by the employer to the employee pursuant to directions from credit customers who designate amounts to be added to their bills as tips. Special gifts in forms other than money or its equivalent as above described such as theater tickets, passes, or merchandise, are not counted as tips received by the employee for purposes of the Act.
#### § 530.105 Investigations.

Any employer in a restricted industry who requests certification to employ homeworkers will be investigated promptly after the issuance of the certificate by the Wage and Hour Division. Where such an employer is found to be in violation of the FLSA, and the violations are corrected and future compliance is promised, the firm will be reinvestigated to assure that full FLSA compliance has, in fact, been achieved.
###### Editorial Note on Part 4

#### Editorial Note:

Nomenclature changes to part 4 appear at 61 FR 19984, May 3, 1996.

#### § 4.156 Employees in bona fide executive, administrative, or professional capacity.

The term *service employee* as defined in section 8(b) of the Act does not include persons employed in a bona fide executive, administrative, or professional capacity as those terms are defined in 29 CFR part 541. Employees within the definition of service employee who are employed in an executive, administrative, or professional capacity are not excluded from coverage, however, even though they are highly paid, if they fail to meet the tests set forth in 29 CFR part 541. Thus, such employees as laboratory technicians, draftsmen, and air ambulance pilots, though they require a high level of skill to perform their duties and may meet the salary requirements of the regulations in part 541 of this title, are ordinarily covered by the Act's provisions because they do not typically meet the other requirements of those regulations.
<TABLE> <S> <C>

         

<ARTICLE> UT
<MULTIPLIER> 1,000

<PERIOD-TYPE>				 12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      274,532
<OTHER-PROPERTY-AND-INVEST>                      9,942
<TOTAL-CURRENT-ASSETS>                          67,967
<TOTAL-DEFERRED-CHARGES>                        30,880
<OTHER-ASSETS>                                   5,670
<TOTAL-ASSETS>                                 388,991
<COMMON>                                        28,931
<CAPITAL-SURPLUS-PAID-IN>                       57,277
<RETAINED-EARNINGS>                             35,924
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 122,132
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                           100,102 
<SHORT-TERM-NOTES>                              64,295
<LONG-TERM-NOTES-PAYABLE>                            0 
<COMMERCIAL-PAPER-OBLIGATIONS>                       0 
<LONG-TERM-DEBT-CURRENT-PORT>                   10,164
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                      1,617
<LEASES-CURRENT>                                 1,013
<OTHER-ITEMS-CAPITAL-AND-LIAB>                  89,668
<TOT-CAPITALIZATION-AND-LIAB>                  388,991
<GROSS-OPERATING-REVENUE>                      187,140
<INCOME-TAX-EXPENSE>                             9,972
<OTHER-OPERATING-EXPENSES>                     154,312
<TOTAL-OPERATING-EXPENSES>                     164,284
<OPERATING-INCOME-LOSS>                         22,856
<OTHER-INCOME-NET>                               1,218
<INCOME-BEFORE-INTEREST-EXPEN>                  24,074
<TOTAL-INTEREST-EXPENSE>                         8,034
<NET-INCOME>                                    16,040
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                   16,040
<COMMON-STOCK-DIVIDENDS>                        11,435
<TOTAL-INTEREST-ON-BONDS>                        8,114
<CASH-FLOW-OPERATIONS>                          34,346
<EPS-PRIMARY>                                     1.87
<EPS-DILUTED>                                     1.87
        

        




</TABLE>
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,579

EX PARTE RONALD LAMAR SMITH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2010-29-C2 IN THE 54 DISTRICT COURT

TH

FROM MCLENNAN COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of assault and

sentenced to fifteen years’ imprisonment. 

Applicant contends that his counsel rendered ineffective assistance because he failed to

timely file a notice of appeal. We remanded this application to the trial court for findings of fact and

conclusions of law.

The trial court has determined that trial counsel failed to timely file a notice of appeal. We
2

find, therefore, that Applicant is entitled to the opportunity to file an out-of-time appeal of the

judgment of conviction in Cause No. 2010-29-C2 from the 54th Judicial District Court of McLennan

County. Applicant is ordered returned to that time at which he may give a written notice of appeal

so that he may then, with the aid of counsel, obtain a meaningful appeal. All time limits shall be

calculated as if the sentence had been imposed on the date on which the mandate of this Court issues. 

We hold that, should Applicant desire to prosecute an appeal, he must take affirmative steps to file

a written notice of appeal in the trial court within 30 days after the mandate of this Court issues.

Delivered: June 15, 2011

Do Not Publish
#### § 406.9 Publication of reports required by this part.

Inspection and examination of any report or other document filed as required by this part, and the furnishing by the Office of Labor-Management Standards of copies thereof to any person requesting them, shall be governed by part 70 of this title.

[35 FR 2990, Feb. 13, 1970]
[No. 50251-4-I.

Division One.

December 16, 2002.]

#### John Johnson II, *as Personal Representative, Respondent,*v. State Farm Mutual Automobile Insurance Company, et al., *Appellants.*

Appeal from a judgment of the Superior Court for King County, No. 00-2-19008-5, J. Kathleen Learned, J., entered March 8, 2002. *Reversed*by unpublished opinion per Baker, J., concurred in by Grosse and Appelwick, JJ.
Exhibit 32


                    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 Wizzard Software Corporation
(the "Registrant") on Form 10-QSB for the period ending June 30, 2005, as
filed with the Securities and Exchange Commission on the date hereof (the
"Quarterly Report"), we, Christopher J. Spencer, President, CEO and Treasurer
and William F. McLay, Chief Financial Officer 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 Quarterly 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 Quarterly Report fairly presents,
in all material respects, the financial condition and result of operations of
the Registrant.


Date: 8/15/2005                          /s/Christopher J. Spencer
                                         Christopher J. Spencer
                                         President, CEO, Treasurer and
                                         director



Date: 8/15/2005                          /s/William F. McLay
                                         William F. McLay, Chief Financial
                                         Officer