alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 June 25, 2013

s0617

Order 

Clerk

June 25, 2013

146625

DAVID ROBINSON,

Plaintiff-Appellant,

v SC: 146625

COA: 310250

Ingham CC: 11-001055-AA

CIVIL SERVICE COMMISSION,

DEPARTMENT OF LICENSING AND 

REGULATORY AFFAIRS, and COMMISSION

FOR THE BLIND,

Defendants-Appellees.

_________________________________________/

On order of the Court, the application for leave to appeal the December 26, 2012 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
#### Meirong HAO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 04-73414.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 1, 2005.*

Decided Aug. 4, 2005.

*610Meirong Hao, Monterey Park, CA, pro se.

Regional Counsel, Western Region Immigration *&*Naturalization Service, Laguna Niguel, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Jennifer A. Parker, Anthony W. Norwood, Esq., U.S. Department of Justice, Washington, DC, for Respondent.

Before: O’SCANNLAIN, CALLAHAN, and BEA, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Meirong Hao, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review the BIA’s denial of asylum for substantial evidence and may reverse only if the evidence compels a contrary conclusion. *INS v. Elias-Zacarias,*502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We deny the petition.

Substantial evidence supports the BIA’s finding that petitioner failed to establish past persecution or a well-founded fear of future persecution on account of an enumerated ground. Because petitioner was arrested for harboring a fugitive, and there is no evidence that she was arrested based on a political opinion or membership in a particular social group, she fails to present evidence compelling the conclusion that she was persecuted on account of an enumerated ground. *See id.*at 482-84, 112 S.Ct. 812 (holding that guerrilla group’s attempt to recruit alien did not establish persecution based on political opinion); *Molina-Estrada v. INS,*293 F.3d 1089, 1094-95 (9th Cir.2002) (holding that alien must show that the persecutors imputed a political opinion to him and that there was no such evidence showing that guerrillas attacked alien’s home based on political opinion).

Because petitioner failed to demonstrate that she was eligible for asylum, it follows that she did not satisfy the more stringent standard for withholding of removal. *See Singh-Kaur v. INS,*183 F.3d 1147, 1149 (9th Cir.1999).

Petitioner also fails to establish a CAT claim because she did not show that it was more likely than not that she would be tortured if she was returned to China. *See Kamalthas v. INS,*251 F.3d 1279, 1283 (9th Cir.2001).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
<PAGE>   1
                                                                EXHIBIT 10.11(b)


                             FIRST AMENDMENT TO THE
                                INTERLAND, INC.
                              STOCK INCENTIVE PLAN


         THIS AMENDMENT is made as of the 1st day of December, 1999,
by Interland, Inc., a Georgia corporation (the "Company");

                              W I T N E S S E T H:
                              --------------------

         WHEREAS, the Company established the Interland, Inc. Stock Incentive
Plan (the "Plan") effective August 26, 1999; and

         WHEREAS, Article 13 of the Plan permits the Board of Directors of the
Company, upon receiving approval of the Shareholders, to amend the Plan; and

         WHEREAS, the Board of Directors and Shareholders of the Company desire
to amend the Plan to increase the total number of Shares which may be granted
or awarded under the Plan.

         NOW, THEREFORE, for and in consideration of the foregoing premises,
and other good and valuable consideration, the Plan is amended as follows:

1.       Section 4.1 is hereby amended by deleting the number "4,000,000"
and replacing it with the number "4,500,000."

2.       This First Amendment shall be effective as of the date first above
written. Except as hereby amended, the Plan shall remain in full force and
effect.

         IN WITNESS WHEREOF, the undersigned does hereby execute this First
Amendment to the Plan as of the date first above written.


                                    INTERLAND, INC.

                                    By:/s/ Kenneth Gavranovic
                                       ------------------------------
                                       Kenneth Gavranovic, President
IV

106TH CONGRESS

1ST SESSION H. CON. RES. 231

Expressing the sense of the Congress that the Panama Canal and the Panama

Canal Zone should be considered to be the sovereign territory of the

United States.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 16, 1999

Mr. PAUL submitted the following concurrent resolution; which was referred

to the Committee on Armed Services

CONCURRENT RESOLUTION

Expressing the sense of the Congress that the Panama Canal

and the Panama Canal Zone should be considered to

be the sovereign territory of the United States.

Whereas the ratification process and subsequent legality of

the 1977 treaty between the United States and the Republic of Panama relating to the transfer of the Panama

Canal and the Panama Canal Zone has been called into

question;

Whereas the Panama Canal was built with United States

money at a cost of approximately $430 million, and another $450 million is spent annually on maintenance and

operations; and
2

HCON 231 IH

Whereas more than 5,000 lives were lost during the American

era of construction of the Panama Canal: Now, therefore,

be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that the

3 Panama Canal is and ought to remain U.S. property, and

4 the Panama Canal Zone should be considered to be the

5 sovereign territory of the United States.

Æ
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-1214

SILVIE MARIE CUPIDON,

Petitioner,

versus

U.S. IMMIGRATION & NATURALIZATION SERVICE,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals. (A70-508-519)

Submitted: September 5, 1996 Decided: September 13, 1996

Before WIDENER and WILKINS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Silvie Marie Cupidon, Petitioner Pro Se. Richard Michael Evans,

Donald Anthony Couvillon, Michelle Arlene Gluck, UNITED STATES

DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks review of the Board of Immigration Appeals's

decision and order affirming the immigration judge's decision finding the Appellant deportable, denying her applications for asylum

and suspension of deportation, and granting her request for voluntary departure. Our review of the record discloses that the Board's

decision is based upon substantial evidence and is without reversible error. Accordingly, we deny the petition upon the reasoning

of the Board. Cupidon v. INS, No. A70-508-519 (B.I.A. Nov. 21,

1995). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

PETITION DENIED
* 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 April 11, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41514 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus RAUL TREVINO FLORES, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-373-ALL

-------------------- Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM: * Raul Trevino Flores appeals his sentence for illegal reentry, in violation of 8 U.S.C. § 1326(a) and (b). Although the Government seeks to dismiss the appeal as barred by the appellate waiver provision in Trevino Flores’s plea agreement, we need not decide whether the waiver precludes consideration of the instant appeal as Trevino Flores’s constitutional challenge is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although Trevino Flores contends that Almendarez-Torres was incorrectly decided and that a majority ofNo. 05-41514 -2- the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey , 530 U.S. 466 (2000), we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). Trevino Flores properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review. His conviction and sentence
are AFFIRMED.
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE

.

IN THE 

## A RIZONA 

## C OURT OF 

## A PPEALS

D IVISION O NE

STATE OF ARIZONA , Respondent ,

v.

TYEREL DARNEL LUKE , Petitioner

.
No. 1 CA

- CR 20

- 0 056 PRPC

Petition for Review from the Superior Court in Maricopa County

No. CR 1995

- 008176 The Honorable Stephen M. Hopkins , Judge

REVIEW GRANTED; RELIEF DENIED

APPEARANCES
Maricopa County Attorney ’ s Office , Phoenix By Amanda M. Parker Counsel for Respondent
Tyerel Darnel Luke , Florence Petitioner FILED 9-24-2020STATE v. LUKE Decision of the Court

2 MEMORANDUM DECISION
Presiding Judge Jennifer B. Campbell, Judge Lawrence F. Winthrop, and Chief Judge Peter B. Swann 1 delivered the decision of the Court.

PER CURIAM :
¶1 Petitioner Tyerel Darnel Luke seeks review of the superior court’s order denying his petition for post

- conviction relief, fi led pursuant to Arizona Rule of Criminal Proce dure 32.1. This is petitioner’s fifth petition.
¶2 Absent an abuse of discretion or error of law, this court will not disturb a superior court’s ruling on a petition for post

- conviction relief. State v. Gutierrez , 229 Ariz. 573, 577, ¶ 19 (2012). It is petitioner’s burden to show that the superior court a bused its discretion by denying the petition for post

- conviction relief. See State v. Poblete , 227 Ariz. 537, ¶ 1 (App. 2011) (petitioner has burden of establishing abuse of discretion on review).
¶3 We have reviewed the record in this matter, the superior

co urt’s order denying the petition for post

- conviction relief, and the petition for review. We find that petitioner has not established an abuse of discretion.

¶4 We grant review and deny relief.

1 Chief Judge Peter B. Swann replaces the Honorable Kenton D. Jones, who was originally assigned to this panel.
Exhibit 99.1

            ANNUAL STATEMENT OF COMPLIANCE PURSUANT TO SECTION 3.19

                      Ameriquest Mortgage Securities Inc.
             Asset-Backed Pass-Through Certificates, Series 2005-R5

            I, John P. Grazer, hereby certify that I am a duly appointed
Executive Vice President of Ameriquest Mortgage Company (the "Master Servicer"),
and further certify as follows:

            1. This certification is being made pursuant to the terms of the
Pooling and Servicing Agreement, dated as of June 1, 2005 (the "Agreement"),
among Ameriquest Mortgage Securities Inc., as depositor, the Master Servicer and
Deutsche Bank National Trust Company, as trustee.

            2. I have reviewed the activities of the Master Servicer during the
preceding year and the Master Servicer's performance under the Agreement and to
the best of my knowledge, based on such review, the Master Servicer has
fulfilled all of its obligations under the Agreement throughout the year.

            Capitalized terms not otherwise defined herein have the meanings set
forth in the Agreement.

Dated: 3/14/06
<PAGE>

            IN WITNESS WHEREOF, the undersigned has executed this Certificate as
of 3/14/06.

                                                By: /s/ John P. Grazer
                                                   -----------------------------
                                                Name: John P. Grazer
                                                Title: Executive Vice President


            I, Denise Apicella, an Assistant Secretary of the Master Servicer,
hereby certify that John P. Grazer is a duly elected, qualified, and acting
Executive Vice President of the Master Servicer and that the signature appearing
above is his genuine signature.

            IN WITNESS WHEREOF, the undersigned has executed this Certificate as
of 3/14/06.

                                                By: /s/ Denise Apicella
                                                   -----------------------------
                                                Name: Denise Apicella
                                                Title: Assistant Secretary
SAN JOAQUIN VALLEY UNIFIED AI R POLLUTION CONTROL DISTRICT

NOTICE OF PUBL IC HEARING

NOTICE IS HEREBY GIVEN t hat a public hearing will be held on June 20, 2013 at 9:00 AM, or as soon thereafter as may be heard, at 1990 East Gettysburg Ave., Fresno, California. The following actions will be considered at the hearing:

Quantification of Cont ingency Reductions fo r the 2008 PM2.5 Plan

These actions will affect sources in the counties of Fresno, Ke rn, Kings, Madera, Merced, San Joaquin, Stanislau s, and Tulare. The public hearing may also be attended through video teleconferencing at San Joaquin Valley Unified Air Pollution Control District’s (District) regional offices at 34946 Flyover Court, Bakersfiel d, California and at 4800 Enterprise Way, Modesto, Ca lifornia. The public hearing will be presented live via webcast at http://www.valleyair.org /webstreaming/webcast-meetings.htm

NOTICE IS FURTHER GIVEN that the adopted contingency quantif ication document will be submitted through the Ca lifornia Air Resources Board to the United States Environmental Protection Agency for incorpor ation as part of the California State Implementation Plan (SIP). The proposed ac tions would constitute a SIP revision.

NOTICE IS FURTHER GIVEN that all intere sted persons desiring to be heard or to present evidence on said matters may appear at said hearing. Interested persons may view the proposed rules at the District offices and on-line at:

www.valleyair.org/workshops/public_workshops_idx.htm

Copies of the proposed documents will be m ade available on and after May 21, 2013. To obtain copies of the documents, please ca ll (559) 230-6100, or FAX your request to Mrs. Noemi Calderon at (559) 230-6064. Y ou can receive news for rules and plans via email by subscribing to the Distr ict’s email notification list at: www.valleyair.org/lists/list.htm.

Para solicitar servicios de interpretación en Español, por favor póngase en contacto con Ana Reyes al (559) 230-6000 por lo menos 7 días antes de le fecha de la reunión.

Written comments should be addr essed to Ms. Jessica Fierro

, 1990 East Gettysburg Avenue, Fresno, CA 93726 or via email at Jessica.fi erro@valleyair.org, or airqualityplans@valleyair.org . Written comments received by 5:00 PM on June 4, 2013

will be ensured considerat ion ahead of the June 20, 2013 Governing Board public hearing. For additional information, pl ease contact staff at (559) 230-6100.
No. 57812.

petition 6954-R (New York).

#### American Wood Type Mfg. Co. *v.*United States,

Opinion by

Oliver, C. J.

From the testimony, it appeared that the shipment in question consists of advertising literature, pamphlets, and booklets, illustrating the various metal types used in printing, which were sent to petitioner, unknown to it and without charge, for distribution to advertising agencies and printing plants; that petitioner instructed'its’broker to make entry at the invoice value, which appeared as “£l0”; and that later developments showed said amount to be in error, the proper value being £l00, which was used by the appraiser. Government counsel conceded that the entry at the lower value was due to “a typographical error of some kind,” and stated further that “we have investigated this matter and we are satisfied.” On the record presented, it was held that there was no intent to defraud the revenue of the United States or to conceal or misrepresent the facts of the case or to deceive the appraiser as to the value of the merchandise. The petition was therefore granted.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 130 Introduced in House (IH)]

106th CONGRESS
  1st Session
H. CON. RES. 130

Expressing congratulations and thanks to United States and NATO troops 
for successfully bringing peace to Kosovo and halting the brutal ethnic 
                    cleansing of Kosovar Albanians.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1999

Mr. Hastings of Florida submitted the following concurrent resolution; 
     which was referred to the Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Expressing congratulations and thanks to United States and NATO troops 
for successfully bringing peace to Kosovo and halting the brutal ethnic 
                    cleansing of Kosovar Albanians.

Whereas the North Atlantic Treaty Organization (NATO) air strikes on Kosovo have 
        successfully halted the brutal ethnic cleansing of Kosovar Albanians in 
        only eleven weeks;
Whereas on June 10, 1999, Yugoslav President Slobodan Milosevic agreed to comply 
        with international demands and has begun to withdraw Yugoslav troops 
        from Kosovo;
Whereas on June 10, 1999, NATO suspended air strikes on Yugoslavia and announced 
        a withdrawal of combat troops from Kosovo and the entry of peacekeeping 
        forces;
Whereas NATO troops were successful in bringing peace to Kosovo with an air 
        campaign and did not require the mobilization of ground troops;
Whereas NATO suffered only 2 noncombat casualties; and
Whereas NATO, President Clinton, Vice President Gore, and Secretary of State 
        Madeleine Albright, successfully reached a peace agreement with 
        Yugoslavia that ends all Yugoslav military action over Kosovo and the 
        brutal ethnic cleansing of Kosovar Albanians: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress expresses congratulations and thanks to United States 
and North Atlantic Treaty Organization (NATO) troops for swiftly and 
successfully bringing peace to Kosovo and ensuring the safety of 
Kosovar Albanians.
                                 <all>
```
January 2 9 , 2010

MEMORANDUM TO: Air Docket EPA - HQ - OAR- 2005 - 0161 SUBJECT: Stochastic Analysis of Biofuel - Induced Land Use Change GHG

Emissions Impacts This memorandum accompanies a report and two spreadsheets on the docket. The report explains and documents EPA’s stochastic anal ys is of biofuel

- induced land use change GHG emissions impacts. The two spreadsheets include all of the data and code b y EPA to perform the stochastic anal ys is.
No. 59847.

#### Collins Engineering Co. *v.*United States,

protest 275927-K (Los Angeles).

Opinion by

Johnson, J.

An examination of the record failing to disclose evidence sufficient to overcome the presumption of correctness attaching to the collector’s action, the protest was overruled.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 6865

SAVINO BRAXTON , Plaintiff

- Appellant ,

v. ARCANGELO M. TUMINELLI, Attorney at Law , Defendant

- Appellee

.

Appeal from the United States District Court for the District of Maryland , at Baltimore

. James K. Bredar, Chief District Judge. ( 1:18

- cv
- 00508

- JKB)

No. 18
- 6 8 66

SAVINO BRAXTON , Plaintiff

- Appellant ,

v. JOHN F. PURCELL , Defendant

- Appellee

.

Appeal from the United States District Court for the District of Maryland , at Baltimore

. George L. Russell, III, District Judge. (1:15

- cv
- 02828

- GLR)2 Submitted : January 11, 2019 Decided: January 24, 2019

Before AGEE and WYNN , Circuit Judges , and HAMILTON, Senior Circuit Judge.

Affirmed by un published per curiam opinion

.
Savino Braxton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM:
In No. 18

- 6865, Savino Braxton appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2012) complaint. In No. 18

- 6866, he appeals the district court’s orders denying relief on a separate § 1983 complaint and den ying his motion for
reconsideration. We have reviewed the record s and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Braxton v. Tuminneli , No. 1:18

- cv
- 00508

- JKB (D. Md. June 22, 2018); Savino v. Purcell , N o. 1:15

- cv
- 02828

- GLR (D. Md. Nov. 27, 2017 & June 26, 2018) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
III

105TH CONGRESS

2D SESSION S. RES. 302

A resolution relative to rule XXXIII.

IN THE SENATE OF THE UNITED STATES

OCTOBER 15 (legislative day, OCTOBER 2), 1998

Mr. LOTT submitted the following resolution; which was considered and agreed

to

RESOLUTION

A resolution relative to rule XXXIII.

1 Resolved, That notwithstanding the provisions of rule

2 XXXIII, the Senate authorize the videotaping of the ad3 dress by the Senator from West Virginia (Mr. Byrd) to

4 the incoming Senators scheduled to be given in the Senate

5 Chamber in December 1998.

Æ