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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ROBERT HAYDEN NESBITT, Jr.,

 Petitioner - Appellant,

 v.

FRANCISCO JACQUEZ, Warden,

 Respondent - Appellee.

No. 13-15354

D.C. No. 2:09-cv-02821-GEBGGH

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Garland E. Burrell, Jr., Senior District Judge, Presiding

Argued and Submitted February 9, 2016

San Francisco, California

Before: THOMAS, Chief Judge and SCHROEDER and NGUYEN, Circuit Judges.

Robert Hayden Nesbitt, Jr. appeals the district court’s denial of his habeas

petition brought under 28 U.S.C. § 2254. We have jurisdiction pursuant to

28 U.S.C. § 2253, and we affirm.

FILED

FEB 25 2016

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.
Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA),

habeas relief is only available if a state court’s ruling was “contrary to, or involved

an unreasonable application of,” Supreme Court law that was “clearly established”

at the time the state court adjudicated the claim on the merits. 28 U.S.C.

§ 2254(d)(1); Greene v. Fisher, 132 S.Ct. 38, 43-44 (2011).

The California Court of Appeal’s denial of Nesbitt’s due process claim was

not unreasonable or contrary to federal law. First, Nesbitt’s claim that the trial

court erred by taking judicial notice of a probation report from his juvenile case

file was procedurally defaulted. See Coleman v. Thompson, 501 U.S. 722, 729

(1991). This court has held that California consistently applies its

contemporaneous objection rule when a party fails to object to the admission of

evidence, making it an independent and adequate state ground. Fairbank v. Ayers,

650 F.3d 1243, 1256 (9th Cir. 2011). Second, even if Nesbitt had timely objected,

the California Court of Appeal was not unreasonable in determining that he could

not establish prejudice because the trial court did not clearly rely on the contents of

the report.

We decline to expand the certificate of appealability to encompass Nesbitt’s

uncertified ineffective assistance of counsel claim because no “substantial showing

of the denial of a constitutional right” has been made with respect to this claim. 28

2
U.S.C. § 2253(c)(2); see Slack v. McDaniel, 529 U.S. 473, 483–85 (2000). Given

the nature of the charged offenses and the seriousness of his criminal history,

Nesbitt cannot demonstrate that any alleged ineffective assistance resulted in

prejudice.

1

 See Strickland v. Washington, 466 U.S. 668, 694 (1984). 

AFFIRMED. 

1

 Appellant’s Request for Judicial Notice is DENIED. 

3
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<FISCAL-YEAR-END>                          OCT-31-1998
<PERIOD-START>                             NOV-01-1997
<PERIOD-END>                               MAR-31-1998
<CASH>                                           1,950
<SECURITIES>                                    10,099
<RECEIVABLES>                                      927
<ALLOWANCES>                                      (19)
<INVENTORY>                                        596
<CURRENT-ASSETS>                                13,795
<PP&E>                                           1,805
<DEPRECIATION>                                   (402)
<TOTAL-ASSETS>                                  18,198
<CURRENT-LIABILITIES>                              815
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            67
<OTHER-SE>                                      17,316
<TOTAL-LIABILITY-AND-EQUITY>                    18,198
<SALES>                                          3,986
<TOTAL-REVENUES>                                 4,464
<CGS>                                            1,879
<TOTAL-COSTS>                                    1,419
<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  1,166
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<NET-INCOME>                                       741
<EPS-PRIMARY>                                      .12
<EPS-DILUTED>                                      .10
        

</TABLE>
addentax_ex102.htm

EXHIBIT 10.2
 
November 21, 2016
 
To the Boards of Directors of ADDENTAX GROUP CORP., a Nevada Corporation
 
Re: Resignation from Officer and Director Positions
 
I, Otmane Tajmouati, hereby resign from the offices of President, Chief Executive Officer, Chief Financial Officer, Chairman, Secretary, and Treasurer effective today, November 21, 2016.
 
I also resign from the Board of Directors, but such resignation from the Board is not effective until the Company’s Transfer Agent has confirmed that the change in control and all associated share transfers are completed, and I shall remain available to assist, and to provide any such documentation requested by the Transfer Agent until that time. 
 
I confirm that at the time of my resignation no disagreement exists between me and ADDENTAX GROUP CORP.
 
Sincerely,
 
 
/s/ Otmane Tajmouati                                
Otmane Tajmouati
#### PALM SPRINGS DEVELOPMENT CORP., a Florida corporation, et al., Appellants, v. DADE COUNTY, a political subdivision of the State of Florida, et al., Appellees.

No. 71-611.

District Court of Appeal of Florida, Third District.

Oct. 18, 1971.

PER CURIAM.

Appeal dismissed.
**EXHIBIT 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

** **

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)**

 

In connection with the Quarterly Report on Form 10-Q for the period ended June 30, 2012 (the “Report”) of New Mountain Finance Holdings, L.L.C., New Mountain Finance Corporation and New Mountain Finance AIV Holdings Corporation (the “Registrants”), as filed with the Securities and Exchange Commission on the date hereof, I, Robert A. Hamwee, the Chief Executive Officer of the Registrants, hereby certify, to the best of my knowledge, that:

 

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

 

(2)                                 The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrants.

 
| /s/   ROBERT A. HAMWEE |                  |
|------------------------|-----------------------|
| Name:                  | Robert   A. Hamwee    |   |
| Date:                  | August 8,   2012 |   |

 

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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) THE
CONDENSED CONSOLIDATED BALANCE SHEETS OF AEARO CORPORATION AS OF DECEMBER 31,
1999 (UNAUDITED) AND SEPTEMBER 30, 1999 AND THE CONDENSED CONSOLIDATED
STATEMENTS OF OPERATIONS (UNAUDITED) FOR THE THREE MONTHS ENDED DECEMBER 31,
1999 AND 1998 CONTAINED IN AEARO CORPORATION'S FORM 10-Q FOR THE QUARTER ENDED
DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH (B) FORM
10-Q.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           4,186
<SECURITIES>                                         0
<RECEIVABLES>                                   39,399
<ALLOWANCES>                                         0
<INVENTORY>                                     37,959
<CURRENT-ASSETS>                                85,773
<PP&E>                                          94,267
<DEPRECIATION>                                  39,180
<TOTAL-ASSETS>                                 280,424
<CURRENT-LIABILITIES>                           63,551
<BONDS>                                        199,414
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                      14,328
<TOTAL-LIABILITY-AND-EQUITY>                   280,424
<SALES>                                         72,194
<TOTAL-REVENUES>                                72,194
<CGS>                                           38,648
<TOTAL-COSTS>                                   38,648
<OTHER-EXPENSES>                                26,625
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,947
<INCOME-PRETAX>                                    974
<INCOME-TAX>                                       301
<INCOME-CONTINUING>                                673
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       673
<EPS-BASIC>                                    (17.74)
<EPS-DILUTED>                                  (17.74)


</TABLE>
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3023 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3023

   To amend title 10, United States Code, to eliminate the disparity 
between civilian and military retiree cost-of-living adjustments caused 
           by the Omnibus Budget Reconciliation Act of 1993.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 1993

  Mr. Moran introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
   To amend title 10, United States Code, to eliminate the disparity 
between civilian and military retiree cost-of-living adjustments caused 
           by the Omnibus Budget Reconciliation Act of 1993.

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

SECTION 1. ELIMINATION OF DISPARITY BETWEEN CIVILIAN AND MILITARY 
              RETIREE COST-OF-LIVING ADJUSTMENTS.

    Section 1401a(b)(6) of title 10, United States Code (as added by 
section 2001 of the Omnibus Budget Reconciliation Act of 1993 (Public 
Law 103-66)), is amended--
            (1) in the paragraph heading, by striking out ``through 
        1998.--'' and inserting in lieu thereof ``through 1996.--'';
            (2) in subparagraph (A)--
                    (A) by striking out the subparagraph heading and 
                inserting in lieu thereof ``Fiscal years 1994 through 
                1996.--'';
                    (B) by striking out ``December 1, 1993,'' and 
                inserting in lieu thereof ``December 1 of 1993, 1994, 
                or 1995,''; and
                    (C) by striking out ``March 1994'' and inserting in 
                lieu thereof ``March of the following year'';
            (3) by striking out subparagraph (B); and
            (4) by redesignating subparagraph (C) as subparagraph (B), 
        and in that subparagraph by striking out ``Subparagraphs (A) 
        and (B) do'' and inserting in lieu thereof ``Subparagraph (A) 
        does''.

                                 <all>
```
I

103D CONGRESS

1ST SESSION H. R. 3274

To require the Secretary of the Army to carry out such activities as are

necessary to stabilize the bluffs along the Mississippi River in the vicinity

of Natchez, Mississippi, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 13, 1993

Mr. PARKER introduced the following bill; which was referred to the

Committee on Public Works and Transportation

A BILL

To require the Secretary of the Army to carry out such

activities as are necessary to stabilize the bluffs along

the Mississippi River in the vicinity of Natchez, Mississippi, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Historic Natchez

5 Bluffs Stabilization Act’’.

6 SEC. 2. STABILIZATION OF NATCHEZ BLUFFS.

7 In accordance with the recommendations of the re8 ports prepared by the Army Corps of Engineers entitled
2

•HR 3274 IH

1 ‘‘Natchez Bluffs Study’’ and ‘‘Natchez Bluffs Study: Sup2 plement I’’, dated September 1985 and June 1990, re3 spectively, the Secretary of the Army shall carry out such

4 activities as are necessary to stabilize the bluffs along the

5 Mississippi River in the vicinity of Natchez, Mississippi.

6 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated to the Sec8 retary of the Army such sums as may be necessary to

9 carry out this Act.

Æ
**Exhibit 32.1**

** **

**CERTIFICATIONPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

** **

Each of theundersigned, in his capacity as an officer of Cubic Corporation herebycertifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:

 

1.               The annual reportof Cubic Corporation (the “Registrant”) on Form 10-K for the year ended September 30,2008 (the “Report”), which accompanies this certification, fully complies withthe requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of  1934.

 

2.               The informationcontained in the Report fairly presents, in all material respects, thefinancial condition of the Registrant at the end of such year and the resultsof operations of the Registrant for such year.

 

 
| /s/  W. J. Zable        |                    | /s/ W.W. Boyle |
|------------------------------|-------------------------|----------------|
| W. J. Zable                  | W. W. Boyle             |
| Chief Executive Officer      | Chief Financial Officer |
|                         |                    |
| Date: December 2,  2008 |                    |

 

----
I

103D CONGRESS

1ST SESSION H. R. 3034

To provide Federal penalties for drive-by shootings.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 9, 1993

Mr. GALLEGLY introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To provide Federal penalties for drive-by shootings.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Drive-By Shooting

5 Prevention Act of 1993’’.

6 SEC. 2. NEW OFFENSE FOR THE INDISCRIMINATE USE OF

7 WEAPONS TO FURTHER DRUG CONSPIR8 ACIES.

9 (a) IN GENERAL.—Chapter 2 of title 18, United

10 States Code, is amended by adding at the end thereof the

11 following new section:
2

•HR 3034 IH

1 ‘‘§ 36. Drive-by shooting

2 ‘‘(a) OFFENSE AND PENALTIES.—

3 ‘‘(1) Whoever—

4 ‘‘(1) in furtherance or to escape detection

5 of a major drug offense listed in subsection (b);

6 ‘‘(2) whether or not in furtherance of

7 criminal gang activities; and

8 ‘‘(3) with the intent to intimidate, harass,

9 injure, or maim;

10 fires a weapon into a group of two or more persons

11 and thereby causes grave risk to any human life

12 shall be punished by a term of no more than 25

13 years, or by fine as provided under this title, or

14 both.

15 ‘‘(2) Whoever, in furtherance or to escape de16 tection of a major drug offense listed in subsection

17 (b) and, with the intent to intimidate, harass, injure,

18 or maim, fires a weapon into a group of two or more

19 persons and who, in the course of such conduct, kills

20 any person shall, if the killing—

21 ‘‘(A) is a first degree murder as defined in

22 section 1111(a) of this title, be punished by

23 death or imprisonment for any term of years or

24 for life, fined under this title, or both; or

25 ‘‘(B) is a murder other than a first degree

26 murder as defined in section 1111(a) of this
3

•HR 3034 IH

1 title, be fined under this title, imprisoned for

2 any term of years or for life, or both.

3 ‘‘(b) MAJOR DRUG OFFENSE DEFINED.—A major

4 drug offense within the meaning of subsection (a) is one

5 of the following:

6 ‘‘(1) a continuing criminal enterprise, punish7 able under section 403(c) of the Controlled Sub8 stances Act (21 U.S.C. 848(c));

9 ‘‘(2) a conspiracy to distribute controlled sub10 stances punishable under section 406 of the Con11 trolled Substances Act (21 U.S.C. 846) or punish12 able under section 1013 of the Controlled Sub13 stances Import and Export Control Act (21 U.S.C.

14 963); or

15 ‘‘(3) an offense involving major quantities of

16 drugs and punishable under section 401(b)(1)(A) of

17 the Controlled Substances Act (21 U.S.C.

18 841(b)(1)(A)) or section 1010(b)(1) of the Con19 trolled Substances Import and Export Act (21

20 U.S.C. 960(b)(1)).’’.

21 (b) TABLE OF SECTIONS.—The table of sections for

22 chapter 2 of title 18, United States Code, is amended by

23 adding at the end thereof the following:

‘‘36. Drive-by shooting.’’.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED> 
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-1997
<PERIOD-END>                               JUL-31-1997
<CASH>                                         503,217
<SECURITIES>                                         0
<RECEIVABLES>                                  115,571
<ALLOWANCES>                                     6,000
<INVENTORY>                                  3,173,792
<CURRENT-ASSETS>                             3,944,478
<PP&E>                                       2,325,993
<DEPRECIATION>                               1,938,188
<TOTAL-ASSETS>                               4,339,752
<CURRENT-LIABILITIES>                        1,488,357
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     78,097
<COMMON>                                     2,803,473
<OTHER-SE>                                    (30,175)
<TOTAL-LIABILITY-AND-EQUITY>                 4,339,752
<SALES>                                      1,123,390
<TOTAL-REVENUES>                             1,123,390
<CGS>                                          917,379
<TOTAL-COSTS>                                  945,480
<OTHER-EXPENSES>                             2,054,630
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              82,932
<INCOME-PRETAX>                            (1,959,652)
<INCOME-TAX>                                    10,084
<INCOME-CONTINUING>                        (1,969,736)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                            (1,841,000)
<CHANGES>                                            0
<NET-INCOME>                               (3,810,736)
<EPS-PRIMARY>                                   (2.41)
<EPS-DILUTED>                                   (2.41)
        

</TABLE>
# C_2013360EN.01001201.xml

| 10.12.2013 | EN | Official Journal of the European Union | C 360/12 |
| --- | --- | --- | --- |

10.12.2013

EN

Official Journal of the European Union

C 360/12

---

Euro exchange rates (1)

1

9 December 2013

2013/C 360/08

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3722 |
| JPY | Japanese yen | 141,33 |
| DKK | Danish krone | 7,4602 |
| GBP | Pound sterling | 0,83765 |
| SEK | Swedish krona | 8,9554 |
| CHF | Swiss franc | 1,2231 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,4285 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,498 |
| HUF | Hungarian forint | 301,57 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7031 |
| PLN | Polish zloty | 4,1867 |
| RON | Romanian leu | 4,4482 |
| TRY | Turkish lira | 2,7864 |
| AUD | Australian dollar | 1,5101 |
| CAD | Canadian dollar | 1,4633 |
| HKD | Hong Kong dollar | 10,6396 |
| NZD | New Zealand dollar | 1,6587 |
| SGD | Singapore dollar | 1,7139 |
| KRW | South Korean won | 1 440,61 |
| ZAR | South African rand | 14,1802 |
| CNY | Chinese yuan renminbi | 8,3330 |
| HRK | Croatian kuna | 7,6445 |
| IDR | Indonesian rupiah | 16 240,30 |
| MYR | Malaysian ringgit | 4,4031 |
| PHP | Philippine peso | 60,531 |
| RUB | Russian rouble | 44,9260 |
| THB | Thai baht | 44,089 |
| BRL | Brazilian real | 3,1885 |
| MXN | Mexican peso | 17,6094 |
| INR | Indian rupee | 83,8890 |

Currency

Exchange rate

USD

US dollar

1,3722

JPY

Japanese yen

141,33

DKK

Danish krone

7,4602

GBP

Pound sterling

0,83765

SEK

Swedish krona

8,9554

CHF

Swiss franc

1,2231

ISK

Iceland króna

NOK

Norwegian krone

8,4285

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,498

HUF

Hungarian forint

301,57

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7031

PLN

Polish zloty

4,1867

RON

Romanian leu

4,4482

TRY

Turkish lira

2,7864

AUD

Australian dollar

1,5101

CAD

Canadian dollar

1,4633

HKD

Hong Kong dollar

10,6396

NZD

New Zealand dollar

1,6587

SGD

Singapore dollar

1,7139

KRW

South Korean won

1 440,61

ZAR

South African rand

14,1802

CNY

Chinese yuan renminbi

8,3330

HRK

Croatian kuna

7,6445

IDR

Indonesian rupiah

16 240,30

MYR

Malaysian ringgit

4,4031

PHP

Philippine peso

60,531

RUB

Russian rouble

44,9260

THB

Thai baht

44,089

BRL

Brazilian real

3,1885

MXN

Mexican peso

17,6094

INR

Indian rupee

83,8890

---

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

1

Source

---