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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

SHAWN LORIN HENDERSON,

 Defendant - Appellant.

No. 13-10357

D.C. No. 3:12-cr-08088-PGR-2

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Paul G. Rosenblatt, Senior District Judge, Presiding

Submitted March 10, 2015** 

San Francisco, California

Before: BYBEE, CALLAHAN, and OWENS, Circuit Judges.

Shawn Henderson appeals his conviction for felon in possession of a firearm

and ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Having

jurisdiction pursuant to 28 U.S.C. § 1291, we affirm. 

FILED

MAR 12 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * 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).
Henderson argues that the government presented inconsistent theories at his

trial. A prosecutor violates a defendant’s due process rights by pursuing

fundamentally inconsistent theories against separate defendants for the same crime

if the prosecutor knowingly uses false evidence or acts in bad faith. Nguyen v.

Lindsey, 232 F.3d 1236, 1240 (9th Cir. 2000). The government did not act in bad

faith or use false evidence when it argued that Henderson possessed the same

handgun that his co-defendant admitted to possessing in the factual basis of his

plea agreement; and, these were not fundamentally inconsistent theories. See id.

(“[Although] the prosecutor made different arguments at each trial, . . . [there was

no due process violation because] these arguments were consistent with the

evidence actually adduced at each trial.”).

Henderson also argues that the district court improperly rejected his motion

to dismiss counsel, which he raised for the first time after trial (and after the jury

acquitted him on one count and failed to reach a verdict on another). We consider

three factors when assessing whether a motion to dismiss counsel was properly

denied: (1) whether the district court’s inquiry was adequate, (2) the extent of the

conflict between the defendant and his counsel, and (3) the timeliness of the

defendant’s motion weighed against any inconvenience or delay that would result

from granting the motion. United States v. Corona-Garcia, 210 F.3d 973, 976 (9th

2 13-10357
Cir. 2000). Based on these factors, the district court did not abuse its discretion in

rejecting Henderson’s motion. See id. at 976-77. 

AFFIRMED.

3 13-10357
01/13/2012 1G:24 FAX 2024935142 FAA + QMS @l001/002 

Gordon Turner 

Attorneys at Law 

3325 WILSHIRE BOULEVARD, SUITE 1350 

LOS ANGELES, CALIFORNIA 90010 

Tel: (213) 487-9190 

Fax: (213)487-9484 

Januaiy 12,2012 

VTA FACSIMILE <42S) 227-1007 

KyleE, Lomazow 

U.S. Department of Transportation 

Northv/fist Mountain Region 

1601 Lind Ave. S,W. lx/ \ {"^On 

Renton, Washington 98057 (yloir M /1^ 

Re: Entertainmfflt Fusion Group/FAA Case No. 2011NM710CI01 

Dear Mr. Lomazow: 

Pursuant to our telephone conversation regarding an extension to respond to the Final 

Notice of Proposed Civil Penalty, enclosed is a Stipulation signed by me, in pleading foimat as 

requested, for your signature. Once signed, please tbrward me a copy. 

Thanking you in advance for your continued courtesy and cooperation. 

Very lTuly,vpuTS, 

GT/s 

Z:\CordOD P^i\Cwci\£FO\Lonuzbw,L01.wpd 
01/19/2012 19:24 FAX 2024935142 FAA •» QM S 0002/002 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Tie taw Offices Of 

GORDON TURNER 

3325 'WOihiie Blvd.. Suke 1350 

Loi Anceles, Gtlifoma 90010 

(ZU) ^Sy-flSCfeFax (213) 4«7-94W 

Snie Bar No. 223215 

••|.Et 

7 'AM 

riMENTOF 

PGRWION 

iq P U: 23 

Attorneys for Defendant 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

NORTHWEST MOUNTAIN REGION 

UNITED STATES DEPARTMENT OF 

TRANSPORTATION. FEDERAL 

AVIATION ADMINISTRATION 

V. 

ENTERTAINMENT FUSION GROUP 

FAA CASE NO. 2011NM710001 

STIPULATION TO ALLOW 

ENTERTAINMENT FUSION GROUP 

TO FEBRUARY 3,2012 TO RESPOND 

TO THE FINAL NOTICE OF 

PROPOSED CIVIL PENALTY 

IT IS HEREBY STIPULATED by and between the parties, throufih their respective 

attorneys of record, as follows: 

Defendant Entertainment Fusion Group has until Feljiyaiy 3,2012, to respond to the 

Final Notice of Proposed Civil Penalty. 

DATED: January 12.2012 By: 

GOKD( 

.^itoraey for Defendant 

^^ GOKDONTURNER 

DATED: January 12,2012 U.S: DEPARTMENT OF TRANSPORTATION 

By:_ 

± 

KYLEE.LOMAZOW 

Attorney for FAA 

STffULATION 

2:\Cv>niQn Priiu\C3i!c3\EFG\SlipuUUki(i.ivpd
# C_2012108EN.01000601.xml

| 14.4.2012 | EN | Official Journal of the European Union | C 108/6 |
| --- | --- | --- | --- |

14.4.2012

EN

Official Journal of the European Union

C 108/6

---

Euro exchange rates (1)

1

13 April 2012

2012/C 108/05

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3148 |
| JPY | Japanese yen | 106,49 |
| DKK | Danish krone | 7,4386 |
| GBP | Pound sterling | 0,82480 |
| SEK | Swedish krona | 8,8945 |
| CHF | Swiss franc | 1,2017 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,5990 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,750 |
| HUF | Hungarian forint | 297,05 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6985 |
| PLN | Polish zloty | 4,1808 |
| RON | Romanian leu | 4,3760 |
| TRY | Turkish lira | 2,3536 |
| AUD | Australian dollar | 1,2640 |
| CAD | Canadian dollar | 1,3068 |
| HKD | Hong Kong dollar | 10,2046 |
| NZD | New Zealand dollar | 1,5848 |
| SGD | Singapore dollar | 1,6382 |
| KRW | South Korean won | 1 490,69 |
| ZAR | South African rand | 10,3850 |
| CNY | Chinese yuan renminbi | 8,2869 |
| HRK | Croatian kuna | 7,4743 |
| IDR | Indonesian rupiah | 12 015,39 |
| MYR | Malaysian ringgit | 4,0197 |
| PHP | Philippine peso | 56,048 |
| RUB | Russian rouble | 38,8060 |
| THB | Thai baht | 40,404 |
| BRL | Brazilian real | 2,4066 |
| MXN | Mexican peso | 17,1913 |
| INR | Indian rupee | 67,4530 |

Currency

Exchange rate

USD

US dollar

1,3148

JPY

Japanese yen

106,49

DKK

Danish krone

7,4386

GBP

Pound sterling

0,82480

SEK

Swedish krona

8,8945

CHF

Swiss franc

1,2017

ISK

Iceland króna

NOK

Norwegian krone

7,5990

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,750

HUF

Hungarian forint

297,05

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6985

PLN

Polish zloty

4,1808

RON

Romanian leu

4,3760

TRY

Turkish lira

2,3536

AUD

Australian dollar

1,2640

CAD

Canadian dollar

1,3068

HKD

Hong Kong dollar

10,2046

NZD

New Zealand dollar

1,5848

SGD

Singapore dollar

1,6382

KRW

South Korean won

1 490,69

ZAR

South African rand

10,3850

CNY

Chinese yuan renminbi

8,2869

HRK

Croatian kuna

7,4743

IDR

Indonesian rupiah

12 015,39

MYR

Malaysian ringgit

4,0197

PHP

Philippine peso

56,048

RUB

Russian rouble

38,8060

THB

Thai baht

40,404

BRL

Brazilian real

2,4066

MXN

Mexican peso

17,1913

INR

Indian rupee

67,4530

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
# C_2012257EN.01000201.xml

| 25.8.2012 | EN | Official Journal of the European Union | C 257/2 |
| --- | --- | --- | --- |

25.8.2012

EN

Official Journal of the European Union

C 257/2

---

Euro exchange rates (1)

1

24 August 2012

2012/C 257/02

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2507 |
| JPY | Japanese yen | 98,16 |
| DKK | Danish krone | 7,4477 |
| GBP | Pound sterling | 0,78960 |
| SEK | Swedish krona | 8,2441 |
| CHF | Swiss franc | 1,2009 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,3020 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,906 |
| HUF | Hungarian forint | 277,98 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6963 |
| PLN | Polish zloty | 4,1022 |
| RON | Romanian leu | 4,4825 |
| TRY | Turkish lira | 2,2508 |
| AUD | Australian dollar | 1,2031 |
| CAD | Canadian dollar | 1,2424 |
| HKD | Hong Kong dollar | 9,7013 |
| NZD | New Zealand dollar | 1,5435 |
| SGD | Singapore dollar | 1,5636 |
| KRW | South Korean won | 1 419,45 |
| ZAR | South African rand | 10,5118 |
| CNY | Chinese yuan renminbi | 7,9492 |
| HRK | Croatian kuna | 7,4835 |
| IDR | Indonesian rupiah | 11 898,61 |
| MYR | Malaysian ringgit | 3,8790 |
| PHP | Philippine peso | 52,806 |
| RUB | Russian rouble | 39,8755 |
| THB | Thai baht | 39,059 |
| BRL | Brazilian real | 2,5397 |
| MXN | Mexican peso | 16,5368 |
| INR | Indian rupee | 69,3950 |

Currency

Exchange rate

USD

US dollar

1,2507

JPY

Japanese yen

98,16

DKK

Danish krone

7,4477

GBP

Pound sterling

0,78960

SEK

Swedish krona

8,2441

CHF

Swiss franc

1,2009

ISK

Iceland króna

NOK

Norwegian krone

7,3020

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,906

HUF

Hungarian forint

277,98

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6963

PLN

Polish zloty

4,1022

RON

Romanian leu

4,4825

TRY

Turkish lira

2,2508

AUD

Australian dollar

1,2031

CAD

Canadian dollar

1,2424

HKD

Hong Kong dollar

9,7013

NZD

New Zealand dollar

1,5435

SGD

Singapore dollar

1,5636

KRW

South Korean won

1 419,45

ZAR

South African rand

10,5118

CNY

Chinese yuan renminbi

7,9492

HRK

Croatian kuna

7,4835

IDR

Indonesian rupiah

11 898,61

MYR

Malaysian ringgit

3,8790

PHP

Philippine peso

52,806

RUB

Russian rouble

39,8755

THB

Thai baht

39,059

BRL

Brazilian real

2,5397

MXN

Mexican peso

16,5368

INR

Indian rupee

69,3950

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS INCLUDED IN THE A. T. CROSS COMPANY ANNUAL REPORT TO SECURITY HOLDERS
FOR THE YEAR ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
RESTATEMENT OF PRIOR PERIOD FINANCIAL DATA SCHEDULES IS NOT REQUIRED AS THERE
WAS NO CHANGE TO EARNINGS PER SHARE DUE TO THE ADOPTION OF SFAS 128. 
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                      47,408,070
<SECURITIES>                                         0
<RECEIVABLES>                               39,195,319
<ALLOWANCES>                                 1,624,000
<INVENTORY>                                 20,038,790
<CURRENT-ASSETS>                           109,779,024
<PP&E>                                     109,343,812
<DEPRECIATION>                              69,588,036
<TOTAL-ASSETS>                             158,019,363
<CURRENT-LIABILITIES>                       39,264,366
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    17,099,452
<OTHER-SE>                                  95,834,545
<TOTAL-LIABILITY-AND-EQUITY>               158,019,363
<SALES>                                    154,715,676
<TOTAL-REVENUES>                           156,866,593
<CGS>                                       81,269,291
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                            81,460,623
<LOSS-PROVISION>                               648,140
<INTEREST-EXPENSE>                             191,997
<INCOME-PRETAX>                            (6,703,458)
<INCOME-TAX>                               (2,346,000)
<INCOME-CONTINUING>                        (4,357,458)
<DISCONTINUED>                             (2,321,000)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (6,678,458)
<EPS-PRIMARY>                                   (0.40)
<EPS-DILUTED>                                   (0.40)
        


</TABLE>
# C_2012038EN.01000202.xml

| 11.2.2012 | EN | Official Journal of the European Union | C 38/2 |
| --- | --- | --- | --- |

11.2.2012

EN

Official Journal of the European Union

C 38/2

---

Non-opposition to a notified concentration

(Case COMP/M.6422 — Tokyo Gas/Siemens/Tessenderlo Chemie/International Power/GDF Suez/T-Power JV)

(Text with EEA relevance)

2012/C 38/03

On 3 February 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6422. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6422. EUR-Lex is the on-line access to the European law.

---
Exhibit 32.1


                           SECTION 1350 CERTIFICATION
                            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 of Brooklyn Cheesecake & Desserts
Company, Inc. (the "Company") on form 10-QSB for the period ended September 30,
2006, as filed with the Securities and Exchange Commission on or about the date
hereof, I, Anthony J. Merante, President, Chief Executive Officer, and Chief
Financial Officer of the Company certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the
best of my knowledge, that

(i)   the Report fully complies with the requirements of Section 13(a) and
      Section 15(d) of the Securities Exchange Act of 1934, as amended; and

(ii)  the information contained in the Report fairly present, in all material
      respects, the financial condition and results of operations of the Company
      at the dates and for the periods indicated.

Date: November 20, 2006
                                       /s/ Anthony J. Merante
                                       -----------------------------------
                                       Anthony J. Merante
                                       President, Chief Executive Officer,
                                       and Chief Financial Officer




A 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 Brooklyn Cheesecake & Desserts
Company, Inc. and will be retained by and furnished to the Securities and
Exchange Commissions or its staff upon request.
# C_2014072EN.01001501.xml

| 11.3.2014 | EN | Official Journal of the European Union | C 72/15 |
| --- | --- | --- | --- |

11.3.2014

EN

Official Journal of the European Union

C 72/15

---

Special Report No 18/2013 ‘The reliability of the results of the Member States’ checks of the agricultural expenditure’

2014/C 72/06

The European Court of Auditors hereby informs you that Special Report No 18/2013 ‘The reliability of the results of the Member States’ checks of the agricultural expenditure’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu

A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:

| European Court of Auditors |
| --- |
| Unit ‘Audit: Production of Reports’ |
| 12, rue Alcide de Gasperi |
| 1615 Luxembourg |
| LUXEMBOURG |
| Tel. +352 4398-1 |
| E-mail: eca-info@eca.europa.eu |

European Court of Auditors

Unit ‘Audit: Production of Reports’

12, rue Alcide de Gasperi

1615 Luxembourg

LUXEMBOURG

Tel. +352 4398-1

E-mail: eca-info@eca.europa.eu

or by filling in an electronic order form on EU-Bookshop.

---
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2055 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2055

    To allow for the collection of certain user fees by non-Federal 
                               entities.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2014

  Mr. Boozman (for himself, Mr. Blunt, Mrs. McCaskill, and Mr. Pryor) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
    To allow for the collection of certain user fees by non-Federal 
                               entities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Corps of Engineers Cooperative Joint 
Management Restoration Act''.

SEC. 2. CHALLENGE COST-SHARING PROGRAM FOR MANAGEMENT OF RECREATION 
              FACILITIES.

    Section 225 of the Water Resources Development Act of 1992 (33 
U.S.C. 2328) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) User Fees.--
            ``(1) Collection of fees.--The Secretary may allow a non-
        Federal public or private entity that has entered into an 
        agreement pursuant to subsection (b) to collect user fees for 
        the use of developed recreation sites and facilities, whether 
        developed or constructed by that entity or the Department of 
        the Army.
            ``(2) Use of fees.--A non-Federal public or private entity 
        that collects user fees under paragraph (1) may--
                    ``(A) retain up to 100 percent of the fees 
                collected, as determined by the Secretary; and
                    ``(B) notwithstanding section 210(b)(4) of the 
                Flood Control Act of 1968 (16 U.S.C. 460d-3(b)(4)), use 
                that amount for operation, maintenance, and management 
                at the recreation site at which the fee is collected.
            ``(3) Terms and conditions.--The authority of a non-Federal 
        public or private entity under this subsection shall be subject 
        to such terms and conditions as the Secretary determines 
        necessary to protect the interests of the United States.''.
                                 <all>
```
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              An official website of the United States government Skip to main content   end of header Census.gov Newsroom Releases Miscellaneous
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FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-2921

_____________________________

MAXINE LAKESHA DAVIS-EAKINS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County.

Jennie Kinsey, Judge.

May 24, 2019

PER CURIAM.

AFFIRMED.

ROWE, JAY, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant 

Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.
CITY OF BRAWLEY 

February 12, 2015 

Mr. Scott Faulk 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

ADMINISTRATIVE OFFICES 

383 Main Street 

Brawley, CA 92227 

Phone: (760) 351-3048 

FAX: (760) 351-3088 

Re: Essential Air Service Eligibility- Imperial County Airport (California) 

Mr. Faulk: 

On behalf of the City of Brawley, thank you for the opportunity to retain the Essential Air 

Service ("EAS") Program at the Imperial County Airport ("IPL"). The purpose of this 

letter is to reiterate the significant need for the continuance of the EAS Program in our 

community. The City of Brawley is committed to the Program's success and fully 

understands the importance of the resource. 

We look forward to supporting continued growth in enplanements. 

Sincerely, 

~--- I. ;!:._ 

George A. Nava 

Mayor
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 16

- 5634

_____________________________
J OHNNY T YSON , Appellant,

v.

S TATE O F F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Leon County

. James O. Shelfer , Judge

. April 23, 2018

P ER C URIAM

.
A FFIRMED

.
L EWIS , O STERHAUS , and B ILBREY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Johnny Tyson, pro se, Appellant

.2 Pamela Jo Bondi, Attorney General, and Sharon S. Traxler
, Assistant Attorney General, Tallahassee, for Appellee.