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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EVERETT LEE GHOLSTON, 

Petitioner-Appellant, 

 v. 

RON BARNES, Warden, 

Respondent-Appellee.

No. 16-55428 

D.C. No. 5:13-cv-00283-DDP-JC

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Dean D. Pregerson, District Judge, Presiding

Submitted August 6, 2018**

Pasadena, California

Before: HAWKINS, M. SMITH, and CHRISTEN, Circuit Judges.

Everett Lee Gholston, a California state prisoner, challenges the denial of his 

28 U.S.C. § 2254 habeas petition. Reviewing the denial of his petition de novo, 

Stanley v. Cullen, 633 F.3d 852, 859 (9th Cir. 2011), we affirm. 

 

* 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 23 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 16-55428 

Gholston first contends that his trial counsel rendered ineffective assistance 

by failing to object to the exclusion of a witness statement on due process grounds 

and failing to call two witnesses to testify that they did not see Gholston with a gun 

during one of the shootings giving rise to his underlying conviction. 

Gholston’s petition is subject to the Antiterrorism and Effective Death Penalty 

Act of 1996; therefore, our review of this ineffective assistance claim is “doubly 

deferential.” See Knowles v. Mirzayance, 556 U.S. 111, 123 (2009). The excluded 

statement and omitted testimony on which Gholston relies were not fully 

exculpatory and, for the most part, simply indicated the witnesses did not see 

Gholston with a gun because they were running away from the shooting. The 

California Court of Appeal’s determination that Gholston failed to establish 

prejudice due to the equivocal nature of this evidence compared to the weight of 

evidence at trial was not an unreasonable application of the Strickland v. 

Washington, 466 U.S. 668 (1984), standard. See Harrington v. Richter, 562 U.S. 

86, 102 (2011). 

Gholston also contends that the California Court of Appeal’s rejection of his 

challenge under Batson v. Kentucky, 476 U.S. 79 (1986), was based on an 

unreasonable determination of the facts. See 28 U.S.C. § 2254(d)(2). The California 

Court of Appeal undertook a comparative juror analysis and evaluated the totality of 

the circumstances when considering Gholston’s contention that the State
3 16-55428 

impermissibly exercised peremptory challenges to strike prospective jurors E.H. and 

P.B. on the basis of their race. Although reasonable minds certainly could doubt the 

veracity of the prosecutor’s explanations for the challenges at issue, we cannot say 

that, on this record, the state court “had no permissible alternative but to reject the 

prosecutor’s race-neutral justifications and conclude [Gholston] had shown a Batson

violation.” See Rice v. Collins, 546 U.S. 333, 341 (2006).

AFFIRMED.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsSTS-74/Mir photogrammetric appendage structural dynamics experimentThe Photogrammetric Appendage Structural Dynamics Experiment (PASDE) is an International Space Station (ISS) Phase-1 risk mitigation experiment. Phase-1 experiments are performed during docking missions of the U.S. Space Shuttle to the Russian Space Station Mir. The purpose of the experiment is to demonstrate the use of photogrammetric techniques for determination of structural dynamic mode parameters of solar arrays and other spacecraft appendages. Photogrammetric techniques are a low cost alternative to appendage mounted accelerometers for the ISS program. The objective of the first flight of PASDE, on STS-74 in November 1995, was to obtain video images of Mir Kvant-2 solar array response to various structural dynamic excitation events. More than 113 minutes of high quality structural response video data was collected during the mission. The PASDE experiment hardware consisted of three instruments each containing two video cameras, two video tape recorders, a modified video signal time inserter, and associated avionics boxes. The instruments were designed, fabricated, and tested at the NASA Langley Research Center in eight months. The flight hardware was integrated into standard Hitchhiker canisters at the NASA Goddard Space Flight Center and then installed into the Space Shuttle cargo bay in locations selected to achieve good video coverage and photogrammetric geometry.Document ID19960038402Acquisition SourceLangley Research CenterDocument TypeConference PaperAuthorsWelch, Sharon S.*(NASA Langley Research Center Hampton, VA United States)*Gilbert, Michael G.*(NASA Langley Research Center Hampton, VA United States)*Date AcquiredSeptember 6, 2013Publication DateApril 1, 1996Subject CategoryStructural MechanicsReport/Patent NumberNAS 1.15:110249NASA-TM-110249Meeting InformationMeeting: AIAA/ASME/ASCE/AHS/ASC Structures, Structural Dynamics and Materials ConferenceLocation: Salt Lake City, UTCountry: United StatesStart Date: April 15, 1996End Date: April 17, 1996Sponsors:American Society of Civil Engineers,American Helicopter Society, Inc.,American Society of Mechanical Engineers,Alpha STAR Corp.,American Inst. of Aeronautics and AstronauticsAccession Number96N30874Funding Number(s)PROJECT: RTOP 236-03-22-01Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19960038402.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
From: gravmeter@aol.com

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 1:07:07 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Penny Neese

Boerne, TX 78006
# CERTIFICATION OF CHIEF EXECUTIVE OFFICER
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-QSB of WWA Group, Inc. (Registrant) for the quarterly
period ended September 30, 2003 as filed with the Securities and Exchange Commission on
the date hereof (Report), I, Cornelis Van Lieshout, chief executive officer
, hereby certify, pursuant to 18 U.S.C. §1350, as adopted
pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my
knowledge:

|(1) | This Report complies with the requirements of section 13(a) or 15(d) of the
          Securities Exchange Act of 1934; and
|--- | --------------------------------------------------------------------------------------------------------------------------

|(2) | The information contained in this Report fairly represents, in all material
          respects, the financial condition of Registrant at the end of the period covered
          by this Report and results of operations of Registrant for the period covered by
          this Report.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

/s/ Cornelis Van Lieshout

Cornelis Van Lieshout

Chief Executive Officer

This certification accompanies this
Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to
the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by Registrant for
the purposes of §18 of the Securities Exchange Act of 1934, as amended. This
certification shall not be incorporated by reference into any filing under the Securities
Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made
before or after the date of this Report), irrespective of any general incorporation
language contained in such filing.

A signed original of this written
statement required by §906 has been provided to the Registrant and will be retained
by the Registrant and furnished to the Securities and Exchange Commission or its staff
upon request.
Exhibit 32



Pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)



The undersigned, as the Chief Executive Officer and Chief Financial Officer of Virginia
Financial Group, Inc., respectively, certify that the Quarterly Report on Form 10-Q for the period ended March 31, 2005, which accompanies this certification fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the
Securities Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of Virginia Financial Group, Inc. at the dates and for the periods
indicated. The foregoing certification is made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), and no purchaser or seller of securities or any other person shall be entitled to rely upon the foregoing certification
for any purpose. The undersigned expressly disclaim any obligation to update the foregoing certification except as required by law.



|            |  |                                                     
|----------- |  | ----------------------------------------------------
|May 6, 2005 |  | /s/ O.R. Barham, Jr.                                
|            |  | President and Chief Executive Officer               
|            | 
|May 6, 2005 |  | /s/ Jeffrey W. Farrar                               
|            |  | Executive Vice President and Chief Financial Officer
|        |
|--------|
|        |  |  |  |  |  |  |
|   | Title of Each Class of |   | Maximum Aggregate |   | Amount of |   |
|   | Securities Offered |   | Offering Price(1) |   | Registration Fee(2) |   |
|   |   |   |   |   |   |   |
|   | 1.500% PowerNotes®  Due May 15, 2020 |   | $3,874,000 |   | $390.11 |   |
|   |   |   |   |   |   |   |
|   | TOTAL |   |   |   | $390.11 |   |
|   |   |   |   |   |   |   |

|     |                                    |
|-----|------------------------------------|
| (1) | Excludes accrued interest, if any. |

|     |                                                                             |
|-----|-----------------------------------------------------------------------------|
| (2) | Calculated in accordance with Rule 457(r) under the Securities Act of 1933. |

|        |
|--------|
|        |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
|   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
|   | CUSIP | Aggregate |   | Selling | Gross |   | Net | Coupon | Coupon |   | Coupon |   | Maturity |   | 1st Coupon | 1st | Survivor's | Product |   |   |
|   | Number | Principal |   | Price | Concession |   | Proceeds | Type | Rate |   | Frequency |   | Date |   | Date | Coupon | Option | Ranking |   |   |
|   |   | Amount |   |   |   |   |   |   |   |   |   |   |   |   |   | Amount |   |   |   |   |
|   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
|   | 14912HRY8 | $3,874,000.00 |   | 100% | 0.950% |   | $3,837,197.00 | Fixed | 1.500% |   | Semi- |   | 05/15/2020 |   | 11/15/2016 | $7.04 | Yes | Senior Unsecured |   |   |
|   |   |   |   |   |   |   |   |   |   |   | Annual |   |   |   |   |   |   | Notes |   |   |
|   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
No. 501.

#### High Fidelity Recordings, Inc., *v.*Audio Fidelity, Inc.

*John Joseph Hall*for petitioner.

*Ford W. Harris, Jr.*for respondent.

C. A. 9th Cir. Certiorari denied.
From: jlhaber2002@yahoo.com

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 1:27:22 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Julie Haber

Auburn, IN 46706
<PAGE>

                                                                    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

I, Gregory L. Weaver, Chief Financial Officer of Nastech Pharmaceutical Company
Inc. ("Nastech"), certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
Report of Nastech Pharmaceutical Company Inc. on Form 10-K for the year ended
December 31, 2004 fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934, as amended, and that information
contained in the Annual Report on Form 10-K fairly presents in all material
respects the financial condition and results of operations of Nastech.

Date: March 8, 2005

                                    By:    /s/ Gregory L. Weaver
                                           ---------------------------------
                                    Name:  Gregory L. Weaver
                                    Title: Chief Financial Officer

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

This certification accompanies each periodic report pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
the Sarbanes-Oxley Act of 2002, be deemed filed by Nastech for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER>                                                     1,000
       

<S>                                                        <C>
<PERIOD-TYPE>                                                    3-MOS
<FISCAL-YEAR-END>                                          DEC-31-1998
<PERIOD-START>                                              JAN-1-1998
<PERIOD-END>                                               MAR-31-1998
<CASH>                                                          10,061
<SECURITIES>                                                    43,016
<RECEIVABLES>                                                    1,771
<ALLOWANCES>                                                       295
<INVENTORY>                                                          0
<CURRENT-ASSETS>                                                55,277
<PP&E>                                                           6,055
<DEPRECIATION>                                                   2,722
<TOTAL-ASSETS>                                                  59,990
<CURRENT-LIABILITIES>                                            7,546
<BONDS>                                                              0
<PREFERRED-MANDATORY>                                                0
<PREFERRED>                                                          0
<COMMON>                                                           169
<OTHER-SE>                                                      50,693
<TOTAL-LIABILITY-AND-EQUITY>                                    59,990
<SALES>                                                         15,495
<TOTAL-REVENUES>                                                18,864
<CGS>                                                                0
<TOTAL-COSTS>                                                        0
<OTHER-EXPENSES>                                                23,573
<LOSS-PROVISION>                                                     0
<INTEREST-EXPENSE>                                                  56
<INCOME-PRETAX>                                                 (3,982)
<INCOME-TAX>                                                         0
<INCOME-CONTINUING>                                             (3,982)
<DISCONTINUED>                                                       0
<EXTRAORDINARY>                                                      0
<CHANGES>                                                            0
<NET-INCOME>                                                    (3,982)
<EPS-PRIMARY>                                                    (0.24)
<EPS-DILUTED>                                                    (0.24)

        

</TABLE>
From: Sandytx43@yahoo.com

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 2:03:35 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Sandra Owen

Arlington, TX 76015
No. 67476.

#### Nord Light, Inc., et al. *v.*United States,

protests 297144-K, etc. (New York).

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of pulleys similar in all material respects to those the subject of *Nord Light, Inc.*v. *United States*(49 CCPA 12, C.A.D. 786), the claim of the plaintiffs was sustained.