alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 45446

STATE OF IDAHO,

Plaintiff-Respondent,

v.

BRANDON JEFFREY ALLAN,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2018 Unpublished Opinion No. 438

Filed: April 30, 2018

Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Sixth Judicial District, State of Idaho, 

Bannock County. Hon. Stephen S. Dunn, District Judge. 

Appeal from judgment of conviction and concurrent unified sentences of eight

years, with minimum periods of confinement of four years, for trafficking in 

methamphetamine and possession of a controlled substance with intent to 

deliver, affirmed. 

Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before GUTIERREZ, Judge; HUSKEY, Judge;

and LORELLO, Judge

________________________________________________

PER CURIAM 

Brandon Jeffrey Allan pled guilty to one count of trafficking in methamphetamine, I.C. 

§ 37-2732B(a)(4)(A), and one count of possession of a controlled substance with intent to 

deliver, I.C. § 37-2732(a)(1)(A). In exchange for his guilty pleas, an additional charge that he 

was a persistent violator was dismissed. The district court followed the recommended plea 

agreement of the parties and sentenced Allan to concurrent unified terms of eight years, with 
2

minimum periods of confinement of four years. Allan filed an I.C.R. 35 motion, which the 

district court denied. 

Mindful that Allan received the sentence he asked for, Allan asserts that the district court 

erred in imposing an excessive sentence. The doctrine of invited error applies to estop a party 

from asserting an error when his or her own conduct induces the commission of the error. State 

v. Atkinson, 124 Idaho 816, 819, 864 P.2d 654, 657 (Ct. App. 1993). One may not complain of 

errors one has consented to or acquiesced in. State v. Caudill, 109 Idaho 222, 226, 706 P.2d 456, 

460 (1985); State v. Lee, 131 Idaho 600, 605, 961 P.2d 1203, 1208 (Ct. App. 1998). In short, 

invited errors are not reversible. State v. Gittins, 129 Idaho 54, 58, 921 P.2d 754, 758 (Ct. App. 

1996). This doctrine applies to sentencing decisions as well as rulings made during trial. State v. 

Griffith, 110 Idaho 613, 614, 716 P.2d 1385, 1386 (Ct. App. 1986). 

Therefore, because Allan received the sentence he requested, he may not complain that 

the district court abused its discretion. Accordingly, Allan’s judgment of conviction and 

concurrent unified sentences of eight years, with minimum periods of confinement of four years, 

for trafficking in methamphetamine and possession of a controlled substance with intent to 

deliver is affirmed.
#### § 4.31 Hitchhiking.

Hitchhiking or soliciting transportation is prohibited except in designated areas and under conditions established by the superintendent.
```

[109th Congress Public Law 235]
[From the U.S. Government Printing Office]

[DOCID: f:publ235.109]

[[Page 120 STAT. 491]]

Public Law 109-235
109th Congress

                                 An Act

 
    To increase the penalties for violations by television and radio 
   broadcasters of the prohibitions against transmission of obscene, 
  indecent, and profane language. <<NOTE: June 15, 2006 -  [S. 193]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Broadcast Decency 
Enforcement Act of 2005. 47 USC 609 note.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadcast Decency Enforcement Act of 
2005''.

SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, AND PROFANE 
            BROADCASTS.

    Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C. 
503(b)(2)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:

    ``(C) Notwithstanding subparagraph (A), if the violator is--
            ``(i)(I) a broadcast station licensee or permittee; or
            ``(II) an applicant for any broadcast license, permit, 
        certificate, or other instrument or authorization issued by the 
        Commission; and
            ``(ii) determined by the Commission under paragraph (1) to 
        have broadcast obscene, indecent, or profane language, the 
        amount of any forfeiture penalty determined under this 
        subsection shall not exceed $325,000 for each violation or each 
        day of a continuing violation, except that the amount assessed 
        for any continuing violation shall not exceed a total of 
        $3,000,000 for any single act or failure to act.''; and

[[Page 120 STAT. 492]]

            (3) in subparagraph (D), as redesignated by paragraph (1), 
        by striking ``subparagraph (A) or (B)'' and inserting 
        ``subparagraph (A), (B), or (C)''.

    Approved June 15, 2006.

LEGISLATIVE HISTORY--S. 193 (H.R. 310):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-5 accompanying H.R. 310 (Comm. on Energy and    
Commerce).
CONGRESSIONAL RECORD, Vol. 152 (2006):
            May 18, considered and passed Senate.
            June 6, 7, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
            June 15, Presidential remarks.

                                  <all>
```
SENATE OF THE UNITED STATES 

ONE HUNDREDTH CONGRESS 

Convened January 6, 1987 

FIRST SESSION { 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Wednesday, April 1, 1987 

PREPARED UNDER THE DIRECTION OF WALTER J. STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
1 

TREATIES 

Calendar Treaty Subject 

No. Doc. No. 

1 EX. Treaty with the Union of Soviet Socialist 

N(A), Republics on the Limitation of Underground 

94-2 Nuclear Weapon Tests, and the Protocol 

thereto (Threshold Test Ban Treaty). 

2 EX. Treaty with the Union of Soviet Socialist 

N(B), Republics on Underground Nuclear 

94-2 Explosions for Peaceful Purposes, and the 

Protocol thereto (Peaceful Nuclear 

Explosions Treaty). 

NOMINATIONS 

Calendar Message Nominee, Office, And Predecessor 

No. No. 

Reported 

By 

Feb 27 87 Reported 

favorably, with a 

resolution of advice and 

consent to ratification 

with a reservation and a 

declaration, by Mr. Pell, 

Committee on Foreign 

Relations (Printed Report 

together with additional 

views--Ex. Rept. 100-1) 

Feb 27 87 Reported 

favorably, with a 

resolution of advice and 

consent to ratification 

with a reservation and a 

declaration, by Mr. Pell, 

Committee on Foreign 

Relations (Printed report 

together with additional 

views--Ex. Reot. 100-1) 

Reported 

By 
2 

Calendar Message Nominee, Office, And Predecessor Reported 

* 

* 

* 

* 

* 

No. No. Bv 

DEPARTMENT OF STATE 

2 73-3 Arnold Lewis Raphel, of New Jersey, a Feb 24, 87 Mr. Pell, 

Career Member of the Senior Foreign Committee on Foreign 

Service, Class of Minister-Counselor, to Relations, without printed 

be Ambassador Extraordinary and report. Mar 6, 87 Mr. 

Plenipotentiary of the United States of Pell, Committee on Foreign 

America to the Islamic Republic of Relations, filed a printed 

Pakistan. report (Printed report 

together with additional 

views--Ex. Rept. 100-2). 

[HEW REPORTS] 

77 72 Burton Levin, of Maryland, a Career Member Mar 31, 87 Mr. Pell, 

of the Senior Foreign Service, Class of Committee on Foreign 

Minister-Counselor, to be Ambassador Relations, without printed 

Extraordinary and Plenipotentiary of the report. 

United States of America to the Socialist 

Republic of the Union of Burma. 

78 73-2 Melissa Foelsch Wells, of New York, a Do. 

Career Member of the Senior Foreign 

Service, Class of Minister-Counselor, to 

be Ambassador Extraordinary and 

Plenipotentiary of the United States of 

America to the People's Republic of 

Mozambique. 

79 75 Trusten Frank Crigler, of Virginia, a Do. 

Career Member of the Senior Foreign 

Service, Class of Minister-Counselor, to 

be Ambassador Extraordinary and 

Plenipotentiary of the United States of 

America to the Somali Democratic Republic. 

80 174 John Cameron Monjo, of Maryland, a Career Do. 

Member of the Senior Foreign Service, 

Class of Minister-Counselor, to be 

Ambassador Extraordinary and 

Plenipotentiary of the United States of 

America to Malavsia. .. I *S1gn1f1es nominees commitment to respond to requests to appear and testify before any duly 

constituted committee of the Senate.
##### 



Exhibit 31.2
Certification Pursuant to Rule 13a-14(a)/15d-14(a)
(Chief Financial Officer)
       a.
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is
made known to us by others within those entities, particularly during the period in
which this report is being prepared;b.
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of
the disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; andc.
    
    Disclosed in this report any change in the registrants internal control
over financial reporting that occurred during the registrants most recent fiscal
quarter (the registrants fourth fiscal quarter in the case of an annual report) that
has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and
 5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 a.
    
    All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely to
adversely affect the registrants ability to record, process, summarize and report
financial information; andb.
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over
financial reporting.
 Date:  September 22, 2006
    /s/ Mark J. FlahertyMark J. FlahertyChief Financial Officer
Electronically Filed

Intermediate Court of Appeals

CAAP-14-0001281

27-JAN-2015

09:17 AM
De.teof 

report 

1967 

Apr. 4 

4 

4 

4 

4 

4 

4 

4 

~ruutr of tqr Jlluttt~ Stms 

NINETIETH CONGRESS 

FIRST SESSION-Began January 10, 1967 

EXECUTIVE CALENDAR 

Prepared undet the dzrection of FRANCIS R. VALEO, Secretary of the Senate 

By GERALD A. H ACKETT, Execut1ve Clerk 

Wednesday, April 5, 1967 

NOMINATIONS 

Calendar Message Name of nominee Office Predecessor 

No. No. 

DEPARTMENT OF 

JUSTICE 

111 22 Bert T. Combs, of Ken- U.S circuit judge, 6th Shackelford Miller, 

tucky. Cll'Cuit. Jr., retl.l'ed. 

112 90 Frank J. Murray, of U.S. d!Stnct judge for the George C. Sweeney, 

Massachusetts. diStrict of Massachusetts. retired. 

113 111 Walter N. Lawson, of U.S. marshalfor the district 

South Carolina. of South Carolma for the 

term of 4 years to fill a 

new position created by 

Public Law 89-242 

approved Oct. 7, 1965. 

114 119 Jack T. Stuart, of Mis- U.S. marshal for the south- Reappomtment. 

sissippi. ern diStrict of MISsissippi 

for the term of 4 years. 

DEPARTMENT OF 

STATE 

115 57 Lucius D. Battle, of Flor- An Assistant Secretary of 

ida, a Foreign Service State. 

officer of the class of 

career mm!Ster. 

116 122 Henry Cabot Lodge, of Ambassador at Large ____ __ 

Massachusetts 

117 123 Ellsworth Bunker, of Amba&sador Extraordinary Henry Cabot Lodge. 

Vermont. and Plenipotentiary of 

the United States of 

America to the Republic 

of Vietnam. 

118 124 W1lham W. Heath, of Ambassador Extraordinary 

Texas. and Plenipotentiary of 

the United States of 

America to Sweden. 

65-Q22--67--No. 28 
2 

-

Date o! C&lendar ~ Name of nominee Office Predecessor 

report No. No. 

DEPARTMENT OF 

STATE-Continued 

1987 

Apr. 4 119 125 .John M. McSweeney, of Ambassador ExtraOJ;\linary 

Nebraska, a Foreign and Plenipotentiary of 

Service officer of the the United States of 

class 1. America to Bulgaria. 

4 120 126 Douglas .MacArthur II, of Ambassador Extraordinary 

the District of Columbia, and Plenipotentiary of 

a Foreign Service officer the United States of 

of the class of career America to Austria. 

ambassador. 

4 121 127 Richard H. N oltc, of Con- Ambassador Extraordinary 

necticut. and Plenipotentiary of 

the United States of 

1\merica to the United 

Arab Republic. 

4 122 128 Karl F. Rolvaag, of Minne- Ambassador Extraordinary 

sota. and Plenipotentiary ot 

the United States of 

America to Iceland. 

AGENCY FOR 

INTERNATIONAL 

DEVELOPMENT 

4 123 102 Maurice J. Williams, of Assistant Administrator William B. MacomMaryland. for the Near East and ber, Jr. 

South Asia, Agency for 

International Development. 

U.S. ADVISORY 

COMMISSION ON 

INFORMATION 

The following-named 

persons to be members of 

the U.S. Advisory Commission on Information 

for the t erms indicated, 

and until their successors 

have been appointed and 

qualified: 

4 124 118 Sigurd S. Larmon, of New For the term of 3 years Reappointment. 

York. expiring Jan. 27, 1969. 

4 124 118 Frank Stanton, of New For the term of 3 years Do. 

York. expiring Jan. 27, 1970. 

4 1 

124 118 Thomas Van Husen Vail, ___ __ do _______ ____ ___ _____ 

of Ohio. 

U 5 ~:o ... 1H RN '•H NT PRI NTI NG OFFICE1 191'17
Brian D. Joyner

Office of Diversity and Special Projects

National Center for Cultural Resources

National Park Service

U.S. Department of the Interior

2003

African Reflections

on the American Landscape

IDENTIFYING AND INTERPRETING AFRICANISMS
# EUR-Lex - 12008E/PRO/18 - EN

Important legal notice

*|*

# 12008E/PRO/18

**Consolidated version of the Treaty on the Functioning of the European Union - PROTOCOLS - Protocol (No 18) on France **

*
Official Journal 115 , 09/05/2008 P. 0289 - 0289 *

PROTOCOL (No 18)

ON FRANCE

THE HIGH CONTRACTING PARTIES,

DESIRING to take into account a particular point relating to France,

HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:

France will keep the privilege of monetary emission in New Caledonia, French Polynesia and Wallis and Futuna under the terms established by its national laws, and will be solely entitled to determine the parity of the CFP franc.

--------------------------------------------------
#### § 520.7 Gambling.

Participating in games for money or other personal property or the operation of gambling devices, the conduct of a lottery or pool, or the selling or purchasing of numbers tickets in or on the premises is prohibited.
#### § 51.54 What must a concessioner do before beginning to construct a capital improvement?

Before beginning to construct any capital improvement, the concessioner must obtain written approval from the Director in accordance with the terms of its leasehold surrender interest concession contract. The request for approval must include appropriate plans and specifications for the capital improvement and any other information that the Director may specify. The request must also include an estimate of the total construction cost of the capital improvement. The estimate of the total construction cost must specify all elements of the cost in such detail as is necessary to permit the Director to determine that they are elements of construction cost as defined in this part. (The approval requirements of this and other sections of this part also apply to any change orders to a capital improvement project and to any additions to a structure or replacement of fixtures as described in this part.)
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COURT OF APP!ALS 

MAR 2 7 2018 

USA MATZ 

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Can s/d ev u r /o t'\ !'n fh /s hl 0 H ~v. 

5th Court of Appeals

FILED: 03/27/2018

 16:28:38

Lisa Matz, Clerk
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED February 13, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50173 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FILIBERTO VIVANCO-ATRIANO, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:05-CR-251

-------------------- Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM: * Filiberto Vivanco Atriano (Vivanco) appeals his sentence following his convictions for possession of marijuana with intent to distribute and importation of marijuana. He argues that the district court misapplied the Sentencing Guidelines when it erroneously denied him a minor-participant role adjustment to his offense level under U.S.S.G. § 3B1.2. Vivanco contends that he was a simple courier. He argues that the district court failed to consider the totality of the circumstances when applying the Guidelines and instead erroneously stated that it could apply theNo. 06-50173 -2- minor-participant role adjustment under § 3B1.2 only in “exceptional” circumstances. We conclude that Vivanco has not shown that the district court clearly erred when it denied him a minor-participant role adjustment. See United States v. Atanda , 60 F.3d 196, 198-99 (5th Cir. 1995).
AFFIRMED.
Case 16-29209 Doc 22-5 Filed 01/18/17 Entered 01/18/17 13:32:56 Desc Exhibit

NOTE Page 1 of 4
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Case 16-29209 Doc 22-5 Filed 01/18/17 Entered 01/18/17 13:32:56 Desc Exhibit

NOTE Page 4 of 4
EXHIBIT 32.1




CERTIFICATION
OF CEO AND CFO 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/A of Searchlight Minerals
Corp. (the “Company”) for the quarter ended March 31, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), Ian R.
McNeil, as Chief Executive Officer of the Company, and Melvin L. Williams, as
Chief Financial Officer of the Company, each hereby certifies, pursuant to 18
U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of his knowledge:




(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.




SEARCHLIGHT
      MINERALS CORP.Date:
      July 6, 2009
              By:
              /s/ IAN R. MCNEILIan
      R. McNeilChief
      Executive OfficerDate:  July
      6, 2009
              By:
              /s/ MELVIN L. WILLIAMSMelvin
      L. WilliamsChief
      Financial Officer
<PAGE>   1



           CONSENT OF INDEPENDENT PETROLEUM ENGINEERS AND GEOLOGISTS


     We hereby consent to the reference of our firm in the HS Resources, Inc.
Annual Report on Form 10-K for the year ended December 31, 1997, filed with the
Securities and Exchange Commission (SEC) on March 31, 1998, and the
incorporation of the foregoing by reference in (a) the HS Resources, Inc.
Registration Statement Form S-3 initially filed with the SEC on February 5,
1997, and any amendments thereof; and (b) the HS Resources, Inc. Registration
Statement Form S-3 initially filed with the SEC on February 12, 1998 and (c) the
HS Resources, Inc. Registration Statements on Form S-8 initially filed with the
SEC on April 21, 1993, and May 5, 1995, and any amendments thereof.




                                      /s/ Netherland, Sewell & Associates, Inc.
                                      -----------------------------------------
                                          Netherland, Sewell & Associates, Inc.




Dallas, Texas
March 31, 1998
#### Buffalo Clean Street Company, Appellant, *v.*City of Buffalo, Respondent.

(Argued April 15, 1907;

decided April 30, 1907.)

*Buffalo Clean Street Co.*v. *City of Buffalo,*113 App. Div. 887, affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12, 1906, affirming a judgment in favor of defendant entered upon a” dismissal of the complaint by the court at Special Term in an action for the reformation of a contract.

*Simon Fleischmann*and *Damme J. Gadotte*for appellant.

*Samuel F. Moran*and *Louis F. Desbaclcer*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.
§ 9.115 What noise reduction standards must I meet? You must prevent or minimize all noise that: ( a ) Adversely affects the natural soundscape or other park resources or values, taking into account frequency, magnitude, or duration; or
( b ) Exceeds levels that have been identified through monitoring as being acceptable to or appropriate for visitor uses at the sites being monitored.