alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

MIRANDA SIASSI MOGHADAM,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 07-73668

Agency No. A045-647-788

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 5, 2010** 

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.

Miranda Siassi Moghadam, a native and citizen of Iran, petitions for review

of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an

immigration judge’s decision denying her motion to reconsider a prior order

FILED

APR 12 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 07-73668

denying a motion to reopen based on ineffective assistance of counsel. Our

jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the

denial of a motion to reconsider and review de novo constitutional claims. 

Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part

and dismiss in part the petition for review.

The agency did not abuse its discretion by denying Siassi Moghadam’s

motion to reconsider on the ground that she failed to establish prejudice, where she

did not present any evidence that the state criminal court ever recalculated her

sentence. See id. at 793-94; 8 U.S.C. § 1101(a)(48)(B) (“Any reference to a term

of imprisonment or a sentence with respect to an offense is deemed to include the

period of incarceration or confinement ordered by a court of a law ....”) (emphasis

added).

We lack jurisdiction to review Siassi Moghadam’s remaining contentions

because she failed to exhaust them before the BIA. See Barron v. Ashcroft, 358

F.3d 674, 678 (9th Cir. 2004). 

Counsel Tamiko O. Moore’s motion to withdraw as counsel on behalf of

petitioner is granted. Court records shall be amended to reflect that Miranda Siassi 
3 07-73668

Moghadam, located at 550 Montgomery Street, Suite 400, San Francisco, CA

94111 is representing herself. 

PETITION FOR REVIEW DENIED in part; DISMISSED in part.
[Federal Register Volume 65, Number 110 (Wednesday, June 7, 2000)]
[Notices]
[Page 36139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14301]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY

[FEMA-1329-DR]


New Mexico; Amendment No. 3 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major 
disaster for the State of New Mexico (FEMA-1329-DR), dated May 13, 
2000, and related determinations.

EFFECTIVE DATE: May 31, 2000.

FOR FURTHER INFORMATION CONTACT: Madge Dale, Response and Recovery 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3772.

SUPPLEMENTARY INFORMATION: The notice of a major disaster for the State 
of New Mexico is hereby amended to include the following area among 
those areas determined to have been adversely affected by the 
catastrophe declared a major disaster by the President in his 
declaration of May 13, 2000. Act (42 U.S.C. 5121 et seq.), as follows:

    Otero County for Public Assistance (already designated for 
Individual
    Assistance).

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 83.537, Community 
Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis 
Counseling; 83.540, Disaster Legal Services Program; 83.541, 
Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression 
Assistance; 83.543, Individual and Family Grant (IFG) Program; 
83.544, Public Assistance Grants; 83.545, Disaster Housing Program; 
83.548, Hazard Mitigation Grant Program.)

Lacy E. Suiter,
Executive Associate Director, Response and Recovery Directorate.
[FR Doc. 00-14301 Filed 6-6-00; 8:45 am]
BILLING CODE 6718-02-P
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.                  

###### Securities and Exchange Commission

Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549.

Extension: Form ADV-E; SEC File No. 270-318; OMB Control No. 3235-0361.

                    Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501*et seq.*) the Securities and Exchange Commission (“Commission”) has submitted to the Office of Management and Budget a request for extension of the previously approved collection of information on the following form:                

Form ADV-E is the cover sheet for accountant examination certificates filed pursuant to rule 206(4)-2 under the Investment Advisers Act by investment advisers retaining custody of client securities or funds. The annual burden is approximately three minutes per respondent.

The estimate of burden hours set forth above is made solely for the purposes of the Paperwork Reduction Act and is not derived from a comprehensive or even representative survey or study of the cost of SEC rules and forms.

Any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid control number.

General comments regarding the estimated burden hours should be directed to the Desk Officer for the Securities and Exchange Commission at the address below. Any comments concerning the accuracy of the estimated average burden hours for compliance with Commission rules and forms should be directed to Michael E. Bartell, Associate Director, Office of Information Technology, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549, and Desk Office for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. Comments must be submitted to OMB within 30 days of this notice.

Dated: May 25, 2000.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00-14244 Filed 6-6-00; 8:45 am]

BILLING CODE 8010-01-M
**Exhibit 23.1**

 

**Consent Independent Auditors**

 

We consent to the incorporation by reference in the Registration Statements (Forms S-8 No. 333-40462, 333-73514 and 333-119820) pertaining to theDigitas Inc. 2000 Stock Option and Incentive Plan as amended and restated, the Digitas Inc. 2000 Employee Stock Purchase Plan, the Bronner Slosberg Humphrey Co. 1999 Option Plan, the Bronner Slosberg Humphrey Co. 1998 Option Plan, the Modem MediaAdvertising Limited Partnership 1996 Option Plan, the Modem Media.Poppe Tyson, Inc. Amended and Restated 1997 Stock Option Plan, the Modem Media.Poppe Tyson, Inc. 1999 Stock Incentive Plan, the Vivid Holdings, Inc. 1999 Stock Incentive Plan and theModem Media 2000 Stock Incentive Plan of our reports dated March 9, 2005, with respect to the consolidated financial statements and schedule of Digitas Inc. included in the Annual Report (Form 10-K) for the year ended December 31, 2004. 

 

/s/ ERNST & YOUNG LLP 

 

Boston, Massachusetts 

March 9, 2005
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.                  

###### Merit Systems Protection Board

# AGENCY:

Merit Systems Protection Board.

# ACTION:

Notice of intent to delete and existing system of records.

# SUMMARY:

The Merit Systems Protection Board (MSPB) publishes this document pursuant to the requirements of the Privacy Act of 1974 at 5 U.S.C. 552a to inform the public that it will no longer maintain records in the system formerly known as MSPB/Internal-4 by the name or personal identifier of the record subject.  Names and personal identifiers will be deleted for all existing and future documents maintained in the OAC Decision Data Base.

# EFFECTIVE DATE: 

June 7, 2000.

# ADDRESS:

Office of the Clerk of the Board, U.S. Merit Systems Protection Board, 1120 Vermont Avenue, NW., Washington, DC 20419.

# FOR FURTHER INFORMATION CONTACT:

Michael H. Hoxie, (202) 653-7200.

# SUPPLEMENTARY INFORMATION:

                    By                     **Federal Register**                     Notice of July 2, 1996 (61 FR 34448) the Board announced a new system of records, Office of Appeals Counsel Decision Data Base, MSPB/Internal-4.  The categories of records to be maintained in the system included advisory memoranda prepared by the Office of Appeals Counsel for the Board of individual members of the Board and instructions from members of the Board regarding the preparation of decisions for Board issuance.  These records were to contain individual appellant's names, and could also contain social security numbers, home addresses, veterans status, race, sex, national origin and disability status data.                

The Board hereby announces its intention to delete all names and personal identifiers from the records now maintained in this data base, and from any future records placed in the data base. Henceforth, the records in this data base will be retrieved by legal or factual issues. No personal information associated with any individual will be maintained.

      ( print page 36167)    
Dated: June 1, 2000.

Robert E. Taylor,

Clerk of the Board.

[FR Doc. 00-14310  Filed 6-6-00; 8:45 am]

BILLING CODE 7400-01-M
Exhibit 99.1


                            RELM WIRELESS CORPORATION


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


In connection with the Quarterly Report of Relm Wireless Corporation (the
"Company") on Form 10-Q for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, David
P. Storey, President and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of
                  operations of the Company.


/s/ David P. Storey
------------------------------------
David P. Storey
President and Chief Executive Officer
May 15, 2003
EIS_Identifier Lead (tons) State County Site Name Facility Type City

9208811 0.078 RI Kent Theodore Francis Green Airport Providence

9208511 0.071 RI Newport Newport State Airport Newport

9194211 0.064 RI Washington Quonset State Airport North Kingstown

9196311 0.060 RI Providence North Central State Airport Pawtucket

9194111 0.053 RI Washington Westerly State Airport Westerly

9194311 0.035 RI Washington Block Island State Airport Block Island

10961711 0.021 RI Washington RICHMOND Airport WEST KINGSTON

3089811 0.008 RI Providence CRANSTON WPCF Wastewater Treatment Facility CRANSTON

6546611 0.005 RI Kent NEW ENGLAND UNION CO., INC. WEST WARWICK

2869511 0.004 RI Providence CUMBERLAND FOUNDRY CO., INC. CUMBERLAND

Data source: EPA's 2011 National Emissions Inventory, downloaded 10/15/15.

10 Largest Stationary Sources of Lead Emissions in Rhode Island
NAICS Code NAICS Description

48811 Airport Operations

48811 Airport Operations

48811 Airport Operations

48811 Airport Operations

48811 Airport Operations

48811 Airport Operations

48811 Airport Operations

221320 Sewage Treatment Facilities

3315 Foundries

331511 Iron Foundries
Exhibit 13.2

Certification of Chief Financial Officer

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Allied Domecq PLC (the
"Group") hereby certifies, to such officer's knowledge, that:



|                        |  |                                                                   
|----------------------- |  | ------------------------------------------------------------------
|Dated: 27 February 2004 |  | /s/ GRAHAM HETHERINGTONGraham Hetherington
Chief Financial Officer

The
foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350, and is not being filed for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Group, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.

---

QuickLinks
Editorial Note on Part 67
Editorial Note: Nomenclature changes to part 67 appear by USCG-2001-10714, 69 FR 24983, 24984, May 5, 2004.

§ 67.10-5 Location requirements. The sound signal required by §§ 67.20-10, 67.25-10, and 67.30-10 must: ( a ) Be located on the structure so that the sound signal produced is audible over 360° in a horizontal plane at all ranges up to and including the required rated range; and
( b ) Be located at least 10 feet but not more than 150 feet above mean high water.
#### Lancaster County v. J. Addison Marshall.

Filed May 2, 1894.

No. 5083.

Review: Evidence. No question of law was involved in this case, and the evidence was *held*sufficient to sustain the finding of the district court.

Error from the district court of Lancaster county. Tried below before Field, J.

*N Z. Snell,*for plaintiff in error.

*J. L. Caldwell*and *J. A. Marshall, contra.*

Irvine, C.

The only point raised in this case is as to the sufficiency of the evidence, and it is conceded that no question of law is involved in the consideration of that point. We have examined the evidence, and while it is on some *508points conflicting, we are satisfied that it was ample to sustain the finding.

Judgment affirmed.
Editorial Note on Part 157
Editorial Note: Nomenclature changes to part 157 appear by USCG-2008-0179, 73 FR 35015, June 19, 2008.

§ 157.17 Oil residue (sludge) tank. ( a ) A tank vessel of 400 gross tons or more must have a tank that receives and holds oil residue resulting from purification of fuel and lubricating oil and from oil leakages in machinery spaces.
( b ) Each oil residue (sludge) tank required in paragraph (a) of this section must have an adequate capacity that is determined by the: ( 1 ) Type of machinery installed on the vessel; and
( 2 ) Maximum fuel oil capacity.
( c ) Each oil residue (sludge) tank on a new vessel must be designed to facilitate: ( 1 ) Cleaning; and
( 2 ) Discharging to a reception facility.
[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 80-78, 45 FR 43704, June 30, 1980; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]
James J. Hartnett Will Ford Hartnett Jim Hartnett, Jr. Jay David Hartnett Fred Hartnett Melinda J. Hartnett* Tanner Hartnett THE 

# HARTNETT LAW FIRM



### January 21, 2015

Via U. S. Regular Mail Clerk ofthe Court 

### Fourth Court ofAppeals Cadena-Reeves Justice Center 

### 300 Dolorosa, Suite 3200 San Antonio. Texas 78205-3037 

## Re: No04-14-00110-CVIMary Moczygemba v. Thomas J. Moczygemba andHarry Lee Moczygemba Dear Clerk ofthe Court: 

## We would like to purchase an audio cd of the Oral Argument in the above-referenced 

## matter that tookplace onJanuary 21,2015. Enclosed is acheck for $5.00 forthis cd. Ihave also enclosed a postage-paid return envelope. 

## Thank you in advance for your assistance and let me know if you need additional information. 

### Very truly yours, 2920 North Pearl Street Dallas, Texas 75201 www.hartnettlawfirm.com (214) 742-4655 (214) 855-7857 Fax

121 r-o a=> ••••-* i "... iCn '.'"r^i

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### -••-•r^ rvN, • •"

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### 1 -">•-- "Z£L E*"*'—. ro . •' •- CO



### Toni Napier 

## Legal Assistant to Jim Hartnett, Jr.


# Pdr?-c An Enclosures


# &3//S 'Licensed to practice in Texas and New York
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 on Form 10-Q of American Express Credit Corporation
(the Company) for the quarterly period ended March 31, 2009, as filed with
the Securities and Exchange Commission on the date hereof (the Report),
Christopher S. Forno, as Chief Executive Officer of the Company, hereby certifies,
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 Company.

|                          |                         
|------------------------- | ------------------------
|/s/
 Christopher S. Forno
|                         
|Name:                     | Christopher
 S. Forno   
|Title:                    | Chief
 Executive Officer
|Date:                     | May 8, 2009             

The foregoing
certification is being furnished solely pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and is not
being filed as part of the Form 10-Q or as a separate disclosure document for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the
Exchange Act), or otherwise subject to liability under that section. This
certification shall not be deemed to be incorporated by reference into any
filing under the Securities Act of 1933, as amended, or the Exchange Act except
to the extent that this Exhibit 32.1 is expressly and specifically incorporated
by reference in any such filing.

A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.

---
#### § 183.23 Capacity marking required.

Each boat must be marked in the manner prescribed in §§ 183.25 and 183.27 with the maximum persons capacity in whole numbers of persons and in pounds, the maximum weight capacity in pounds, determined under §§ 183.33 through 183.43, and the maximum horsepower capacity determined under § 183.53 or the statement “This Boat Not Rated for Propulsion by a Motor”.

[CGD 78-034, 45 FR 2029, Jan. 10, 1980, as amended by USCG-1999-5832, 64 FR 34716, June 29, 1999]
Rockingham

No. 78-195

#### Margaret M. DiMarzio dba Shell Real Estate v. Maurice W. Read *& a.*

December 29, 1978

*Sayer & Kellett,*of Salem *(James A. Sayer, Jr.,*orally), for the plaintiff.

*Wadleigh, Starr, Peters, Dunn & Kohls,*of Manchester *{James C. Wheat*orally), for the defendants.

Memorandum Opinion

This is an action to recover a real estate commission. After a trial without a jury resulting in verdicts for the defendants, the plaintiff’s exceptions were transferred by *Bean,*J. In the spring of 1975, plaintiff learned that defendant Arthur Ferretti was seeking a site of about three acres for a nursing home. Plaintiff held several meetings with defendant and his agents and showed them several sites.

She believed that a portion of land owned by defendant Read would be suitable and contacted Read about selling, and Read indicated he would sell for $50,000 net to him. After adding a ten percent commission, plaintiff offered the land to Ferretti for $55,000 and made arrangements for the parties to meet. Negotiations were carried out between the parties to the transaction in the absence of the plaintiff. It appears that some problems were discovered regarding ledge and that the boundaries of the land to be sold were changed. The buyer and the seller ultimately agreed on a price of $35,000 and the sale was consummated without knowledge of the plaintiff. The buyer and seller also entered into an agreement later reduced to writing that if a real estate commission had to be paid, Ferretti would pay it.

*926The trial court ruled that because the original agreement between Read and plaintiff was that he get $50,000 net, plaintiff is not entitled to a commission when the seller accepts less for the property. We reverse.

The plaintiff was the effective cause of the sale. She brought the parties together and as a result the sale was consummated. The fact that the owner carried on the negotiations does not deprive her of a commission. *Monadnock Ins. Agency, Inc. v. Manning,*117 N.H. 508, 374 A.2d 961 (1977); *Williams v. Walker,*95 N.H. 231, 61 A.2d 522 (1948); *Philbrick v. Chase,*95 N.H. 82, 58 A.2d 317 (1948).

*Exceptions sustained; judgment for plaintiff in the amount of $3,500.*
Exhibit
23.1




CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




We
consent to the incorporation by reference in Registration Statement Nos.
333-59350, 333-31784, and 333-44822 on Form S-8 of our report dated March 28,
2008relating to the financial statements and financial
statement schedule of Onvia, Inc. and subsidiary appearing in the Annual Report
on Form 10-K of Onvia, Inc. for the year ended December 31, 2007, which report
expresses an unqualified opinion and includes an explanatory paragraph regarding
the change in accounting for stock-based compensation upon adoption of Financial
Accounting Standards Board Statement No. 123(R), Share Based Payment, effective January 1,
2006.






/s/
      DELOITTE & TOUCHE LLPSeattle,
      WashingtonMarch
      28, 2008