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NOT FOR PUBLICATION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

BLAS RUANO-MARTIN,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 06-71377

Agency No. A017-266-892

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 25, 2011** 

Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.

Blas Ruano-Martin, a native and citizen of Spain, petitions for review of the

Board of Immigration Appeals’ order dismissing his appeal from an immigration

judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de

FILED

OCT 31 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 06-71377

novo constitutional claims, Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009), and

we deny the petition for review. 

Ruano-Martin’s contention that retroactive application of section 304 of the

Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which

eliminated relief under former section 212(c) of the Immigration and Nationality

Act, violated his right to due process is unavailing. See United States v. VelascoMedina, 305 F.3d 839, 850 (9th Cir. 2002) (“To the extent he anticipated the

continued availability of § 212(c) relief after his guilty plea, his expectations were

neither reasonable nor settled under St. Cyr.”). 

Ruano-Martin’s contention that application of 8 C.F.R. § 1212.3(f)(4)

violated his right to equal protection is also unavailing. Ruano-Martin was

ineligible to apply for relief under former section 212(c) regardless of whether he

was charged as removable under the grounds of inadmissibility or the grounds of

deportability. See United States v. Estrada-Torres, 179 F.3d 776, 779 (9th Cir.

1999), overruled on other grounds United States v. Rivera-Sanchez, 247 F.3d 905,

909 (9th Cir. 2001) (en banc), (criminal bars to section 212(c) relief enacted by

section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996

(“AEDPA”) apply to both excludable and deportable aliens); see also 8 C.F.R.

§ 1212.3(h)(2) (otherwise eligible aliens convicted by plea between April 24, 1996,
3 06-71377

and April 1, 1997, may apply for relief under former section 212(c) of the Act, “as

amended by section 440(d) of [AEDPA]”).

PETITION FOR REVIEW DENIED.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-4898

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RAUL DOMINGUEZ,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, District

Judge. (CR-98-191)

Submitted: July 30, 1999 Decided: August 17, 1999

Before ERVIN, WILKINS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Bryan Emery Gates, Jr., Winston-Salem, North Carolina, for Appellant. Walter C. Holton, Jr., United States Attorney, Arnold L.

Husser, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Raul Dominguez was convicted following a jury trial of conspiracy to distribute marijuana in violation of 21 U.S.C. § 846

(1994) (Count I), and possession with intent to distribute marijuana in violation of 21 U.S.C. § 841 (1994) (Count V). Dominguez

was sentenced to seventy-eight months’ imprisonment and sixty

months’ imprisonment respectively, to be served concurrently, five

years’ supervised release on Count I to be served concurrently to

three years’ supervised release on Count V, and a $200 special

assessment. Finding no error, we affirm.

On appeal, Dominguez contends that the district court erred in

not awarding a reduction in his base offense level for acceptance

of responsibility under U.S. Sentencing Guidelines Manual § 3E1.1

(1997). We find that the district court’s denial of the reduction

for acceptance of responsibility was not clearly erroneous. See

United States v. Castner, 50 F.3d 1267, 1279-80 (4th Cir. 1995).

Accordingly, we affirm Dominguez’s sentence. 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 in the decisional process.

AFFIRMED
[Federal Register Volume 62, Number 174 (Tuesday, September 9, 1997)]
[Notices]
[Pages 47479-47480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23795]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-489-000]


National Fuel Gas Supply Corporation; Notice of Proposed Changes 
in FERC Gas Tariff

September 3, 1997.
    Take notice that on August 29, 1997, National Fuel Gas Supply 
Corporation (National) tendered for filing as part of its FERC Gas 
Tariff, Fourth Revised Volume No. 1, Second Revised Sheet No. 8, with a 
proposed effective date of October 1, 1997.
    National states that this filing reflects the quarterly adjustment 
to the reservation component of the EFT rate

[[Page 47480]]

pursuant to the Transportation and Storage Cost Adjustment (TSCA) 
provision set forth in Section 23 of the General Terms and Conditions 
of National's FERC Gas Tariff.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with Rules 211 or 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions or 
protests must be filed in accordance with Section 154.210 of the 
Commission's Regulations. Protests will be considered by the Commission 
in determining the appropriate action to be taken but will not serve to 
make protestants parties to the proceeding. Any person wishing to 
become a party must file a motion to intervene. Copies of this filing 
are on file with the Commission and are available for public 
inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-23795 Filed 9-8-97; 8:45 am]
BILLING CODE 6717-01-M
[Federal Register Volume 62, Number 178 (Monday, September 15, 1997)]
[Notices]
[Pages 48249-48253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24292]



[[Page 48249]]

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

DEPARTMENT OF DEFENSE

Office of the Secretary
[Transmittal No. 97-41]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Assistance Agency.

ACTION: Notice.

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

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 21 
July 1996.

FOR FURTHER INFORMATION CONTACT:
Ms. J. Hurd, DSAA/COMPT/CPD, (703) 604-6575.

    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 97-41, with attached transmittal, policy 
justification, and sensitivity of technology pages.

    Dated: September 9, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5000-04-M

[[Page 48250]]

[GRAPHIC] [TIFF OMITTED] TN15SE97.039



[[Page 48251]]

[GRAPHIC] [TIFF OMITTED] TN15SE97.040



[[Page 48252]]

[GRAPHIC] [TIFF OMITTED] TN15SE97.041



[[Page 48253]]

[GRAPHIC] [TIFF OMITTED] TN15SE97.042



[FR Doc. 97-24292 Filed 9-12-97; 8:45 am]
BILLING CODE 5000-04-C
#### Bobby SHEDRICK, Appellant, v. STATE of Florida, Appellee.

No. 69-579.

District Court of Appeal of Florida, Fourth District.

May 13, 1970.

Walter N. Colbath, Jr., Public Defender, and Norman J. Kapner, Asst. Public Defender, West Palm Beach, for appellant.

Earl Faircloth, Atty. Gen., and John A. Zebedee, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This appeal from a denial of defendant’s motion under Rule 1.850, Cr.P.R., 33 F.S. A., to vacate a sentence of the Criminal Court of Record for Palm Beach County, Florida, is affirmed on the authority of State ex rel. Rhoden v. Chapman, 1937, 127 Fla. 9, 172 So. 56, but without prejudice to the defendant’s right to re-apply to the trial court for the relief previously sought should the United States Supreme Court hereafter hold that the resentencing standards it announced in North Carolina v. Pearce, 1969, 395 U.S. 711, 89 S.Ct. *582072, 23 L.Ed.2d 656, must be applied retroactively.

Affirmed.

WALDEN, REED and OWEN, JJ., concur.
EXHIBIT 32.2





Certificate
of the



Chief
FINANCIAL Officer of



FNBH
BANCORP, INC.





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





I, Mark J. Huber, Chief
Financial Officer of FNBH Bancorp, Inc., certify, to the best of my knowledge and belief, pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 (18 U.S.C. 1350) that:





(1) The Amendment No.
1 on Form 10-K/A for the annual period ended December 31, 2012, which this statement accompanies, fully complies with requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and;





(2) The information contained
in this Amendment No. 1 on Form 10-K/A for the annual period ended December 31, 2012, fairly presents, in all material respects,
the financial condition and results of operations of FNBH Bancorp, Inc.









|                     | FNBH BANCORP, INC.
|-------------------- | ------------------
|                     |                   
|Date: April 30, 2013 | By:               
|                     | Its:              



The signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the
electronic version of this written statement required by Section 906, has been provided to FNBH Bancorp, Inc. and will be retained
by FNBH Bancorp, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
**Exhibit 32.2**

**CERTIFICATION**

** **

**               **I, Russell K. Girling, ChiefFinancial Officer of TC PipeLines GP, Inc., the general partner of TCPipeLines, LP (the Partnership), in compliance with 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 herebycertify, to the best of my knowledge, in connection with the Partnership’s QuarterlyReport on Form 10-Q for the period ended September 30, 2005 as filed with theSecurities and Exchange Commission (the Report) on the date hereof, that:

** **

•                  the Report fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

•                  the information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Partnership.

** **
| Dated: November 7, 2005 | /s/ Russell K. Girling                        |
|-------------------------|-----------------------------------------------|
|                    | Russell K. Girling                            |
|                    | Chief Financial Officer                       |
|                    | TC PipeLines GP, Inc.,  as general partner of |
|                    | TC PipeLines, LP                              |

----
[Federal Register Volume 62, Number 174 (Tuesday, September 9, 1997)]
[Notices]
[Page 47486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23808]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-503-000]


Wyoming Interstate Company; Notice of Tariff Filing

September 3, 1997.
    Take notice that on August 29, 1997, Wyoming Interstate Company 
(WIC), tendered for filing to become part of its FERC Gas Tariff, First 
Revised Volume No. 1 and Second Revised Volume No. 2 tariff, the tariff 
sheets listed in Appendix A to the filing, to be effective October 1, 
1997.
    WIC states as a result of implementing a posted fuel percentage 
retention for quantities received a WIC's transmission system coupled 
with the current tariff requirement of billing on receipt quantities, 
shippers can be billed overrun charges on the FL&U percentage. This can 
occur if the shippers nominate to deliver their full contract 
entitlement at the delivery point(s). Therefore WIC is proposing to 
modify its tariff to base entitlements and invoice shippers based on 
Point of Delivery Quantities. This will simplify the administration of 
WIC's firm contracts and will make WIC's tariff consistent with the 
tariff of Colorado Interstate Gas Company which acts as operator of 
WIC.
    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NW., Washington, DC 20426, in 
accordance with Section 385.214 and Section 385.211 of the Commission's 
Regulations. All such motions or protests must be filed as provided in 
Section 154.210 of the Commission's Regulations. Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 97-23808 Filed 9-8-97; 8:45 am]
BILLING CODE 6717-01-M
**Trout_Production_(ZTP-BB)
A product of the National Agricultural Statistics Service, Agricultural Statistics Board, U.S. Department of Agriculture**Description:**
**
EXHIBIT 99.1

                            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 Annual Report on Form 10-K of WNC Housing Tax
Credit Fund II, L.P.  (the  "Partnership")  for the year ended March 31, 2003 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  and  pursuant to 18 U.S.C.,  section  1350,  as adopted  pursuant to
section  906 of the  Sarbanes-Oxley  Act of 2002,  I,  Wilfred N.  Cooper,  Sr.,
Chairman and Chief Executive Officer of WNC & Associates,  Inc., general partner
of the Partnership, hereby certify 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 Partnership.


/s/WILFRED N. COOPER, JR.
-------------------------
Wilfred N. Cooper, Jr.
President and Chief Executive Officer of WNC & Associates, Inc.
October 17, 2003
EXHIBIT 32.1  CERTIFICATION  Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)  Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Innocom Technology Holdings, Inc., a Nevada corporation (the "Company"), does hereby certify, to such officer's knowledge, that:  The Annual Report on Form 10-Q/A for the period ended March 31, 2008 (the "Form 10-Q/A") of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 10-Q/A fairly presents, in all material respects, the financial condition and results of operations of the Company.  A signed original of this written statement required by Section 906 has been provided to Innocom Technology Holdings, Inc. and will be retained by Innocom Technology Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.  Date: January 21, 2011/s/ William Yan Sui HuiWilliam Yan Sui Hui , Chief Executive Officer
#### Leroy SMITH, Appellant, v. STATE of Florida, Appellee.

No. 2311.

District Court of Appeal of Florida. Fourth District.

Oct. 13, 1969.

PER CURIAM.

Affirmed.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-91,038-01

EX PARTE NURU NATHAN TINCH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 49005-B-H-1 IN THE 124 DISTRICT COURT TH

FROM GREGG COUNTY

Per curiam.

O P I N I O N

Applicant was convicted of aggravated assault and sentenced to thirty-two years’

imprisonment. He filed this application for a writ of habeas corpus in the county of conviction, and

the district clerk forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends that he was denied his right to an appeal because counsel was not notified

of her appointment until after the time to file notice of appeal had passed. Based on the record, the

trial court has found that Applicant should be granted an out-of-time appeal.

Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003). Applicant may

file an out-of-time appeal of his conviction in cause number 49005-B from the 124 District Court th

of Gregg County. Within ten days from the date of this Court’s mandate, the trial court shall
2

determine whether Applicant is indigent. If Applicant is indigent and wants to be represented by

counsel, the trial court shall appoint counsel to represent him on direct appeal. All deadlines shall

be calculated as if Applicant was sentenced on the date of this Court’s mandate. Should Applicant

decide to appeal, he must file a written notice of appeal in the trial court within thirty days from the

date of this Court’s mandate.

Copies of this opinion shall be sent to the Texas Department ofCriminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles. 

Delivered: April 1, 2020

Do not publish
[Federal Register Volume 62, Number 175 (Wednesday, September 10, 1997)]
[Notices]
[Pages 47659-47660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23909]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP97-716-000]


Tennessee Gas Pipeline Company; Notice of Application

September 4, 1997.
    Take notice that on August 27, 1997, Tennessee Gas Pipeline Company 
(Tennessee), P.O. Box 2511, Houston, Texas 77252, filed an abbreviated 
application in Docket No. CP97-716-000 pursuant to Section 7(b) of the 
Natural Gas Act, requesting authorization to remove and replace minor 
interconnect and header facilities in connection with Tennessee's 
proposed modification of its Lobelville Meter Station located in 
Lobelville, Perry County, Tennessee. Specifically, Tennessee seeks 
authorization to remove and replace (1) approximately 40 feet of 8-inch 
diameter pipe located between Valve 79B-101.1 and upstream meter 
header; and (2) two 12-inch measurement headers.

[[Page 47660]]

    Any person desiring to be heard or to make any protest with 
reference to said application should on or before September 25, 1997, 
file with the Federal Energy Regulatory Commission, 888 First Street, 
N.E., Washington, D.C. 20426, a motion to intervene or a protest in 
accordance with the requirements of the Commission's Rules of Practice 
and Procedure (18 CFR 385.214 and 385.211 and the Regulations under the 
Natural Gas Act (18 CFR 157.10. All protests filed with the Commission 
will be considered by it in determining the appropriate action to be 
taken but will not serve to make the protestants parties to the 
proceeding. Any person wishing to become a party to a proceeding or to 
participate as a party in any hearing therein must file a motion to 
intervene in accordance with the Commission's Rules.
    Take further notice that, pursuant to the authority contained in 
and subject to jurisdiction conferred upon the Federal Energy 
Regulatory Commission by Sections 7 and 15 of the Natural Gas Act and 
the Commission's Rules of Practice and Procedure, a hearing will be 
held without further notice before the Commission or its designee on 
this application if no motion to intervene is filed within the time 
required herein, if the Commission on its own review of the matter 
finds that a grant of the certificate is required by the public 
convenience and necessity. If a motion for leave to intervene is timely 
filed, or if the Commission on its motion believes that a formal 
hearing is required, further notice of such hearing will be duly given.
    Under the procedure herein provided for, unless otherwise advised, 
it will be unnecessary for Tennessee to appear or be represented at the 
hearing.
Lois D. Cashell,
Secretary.
[FR Doc. 97-23909 Filed 9-9-97; 8:45 am]
BILLING CODE 6717-01-M
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

June 26, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 133204 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 133204 

 COA: 271355 

Kalamazoo CC: 96-000204-FC 

GREGORY HARDY,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the January 31, 2007 

order of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). 

d0618 

I, Corbin R. Davis, 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 26, 2007 

 Clerk