alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. S A M U E L M O N T E S -L L A N E S , a. k. a. S am uel M on t es -Y anez , a. k. a. S am uel M on t ez -Y anez , D e f

e n d an t - A p p e llan t. N o. 11- 10007 D . C . N o . 4 : 1 0 - c r - 0 1 4 0 2 - J MR ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

A r i z ona J ohn M . R ol l , C hi e f

Judge , P r e s i di ng S ubm i tt e d N ove m be r21, 2011 ** B e f o r e : T A S H I M A , B E R Z O N , an dT A L L M A N , C ir c u it Ju d g e s . S a m ue l M ont e s - L l ane s appe a l s f r om hi s gui l ty - pl e ac onvi c t i on and 30- m o n th s e n te n c e f

o rr e e n trya f

te rd e p o rta tio n , in v io la tio n o f 8 U .S .C . § 1 3 2 6 . P ur s ua ntt o A n de rs v . Ca lifo rn ia , 38 6 U . S . 73 8 (19 67 ), M on t es -L l anes ’ s c ou nsel 

# FI LED NO V 29 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS11- 10007 2 h a s f ile dab r ie f

s ta tin g th a t th e r e a r e n o g r o u n d s f o rr e lie f , a lo n g w ith am o tio n to w ith d r a w a s c o u n s e l o f

r e c o r d . W e h a v e p r o v id e dM o n te s - L lan e s th e o p p o rtu n ity t o fi l e apro se s up pl em ent albri ef . M on t es -L l anes has f

i l ed a pro se supp l em ent al br i e f , and no ans w e r i ng br i e f ha s be e n f

i l e d. O uri nde pe nde ntr e vi e w of the r e c or d pur s uantt o P e n s o n v . O h io , 4 8 8 U . S. 75, 80- 81 ( 1988) , di s c l os e s no ar guabl e gr ounds f orr e l i e f on di r e c tappe a l . T he r e c or d be l i e s M ont e s - L l ane s ’ s c ont e nt i on tha thi s pl e aw a s i nvol unt arybe c aus e he d idn o t u n d e r s tan dth e p le ap r o c e e d in g s a n dd idn o t s ig n th e p le aa g r e e m e n t. W e de c l i ne t o a ddr e s s M ont e s - L l ane s ’ s c l a i m of i ne f f e c t i ve a s s i s t anc e of

c ouns e l on di r e c tappe a l a s the r e c or d i s i ns uf f i c i e nt l yde ve l ope d and hi s l e ga l r e pr e s e nt a t i on w as no tso i nadequ at e thati tcan b e c on clud ed atthi s poi ntthathe ob vi ou sl y w as d e n ie dh is S ix th A m e n d m e n t r ig h t to c o u n s e l. Se e U ni te d States v . McKe nna , 327 F . 3d 83 0, 84 5 (9th C i r. 20 03 ) ( “ C l ai m s of i neff ec t i ve as si st ance of coun se l ar e general l y i napp ropri at e on d i re ctappeal . ”) . W e di sm i ss i n l i gh tof the val i d app ea l w a iv e r . See U

ni ted States v. N

gu ye n , 23 5 F . 3d 11 79 , 11 82 (9th C i r. 20 00 ). C o u n sel ’ s m o t i o n t o w i th d raw i s GR AN T E D. DI S MI S S E D.
**EXHIBIT 32.2**
**SECTION 1350 CERTIFICATION**
In connection with the Annual Report on Form 10-K of Pegasus Aircraft Partners II, L.P. (the“Partnership”) for the period ended December 31, 2004 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), and pursuant to 18 U.S.C. §1350, as adopted pursuantto §906 of the Sarbanes-Oxley Act of 2002, I, Clifford B. Wattley, President and Director of AirTransport Leasing, Inc., Administrative General Partner of the Partnership, hereby certify that:
 1.  The Report fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and  2.  The information contained in the Report fairly presents, in all materialrespects, the financial condition and result of operations of the Partnership.       Date: March 30, 2005 By: /s/ CLIFFORD B. WATTLEY           Clifford B. Wattley     President, Director, Chief Financial and     Accounting Officer of Air Transport Leasing, Inc.
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1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 38650

STATE OF IDAHO,

Plaintiff-Respondent,

v.

BALTAZAR HUMBERTO OLIVASPEREZ,

Defendant-Appellant.

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2011 Unpublished Opinion No. 734

Filed: December 7, 2011

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED 

OPINION AND SHALL NOT 

BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho, 

Jerome County. Hon. John K. Butler, District Judge. 

Judgment of conviction and concurrent unified sentences of fifteen years, with 

minimum periods of confinement of five years, for two counts of trafficking in 

methamphetamine, affirmed.

Molly J. Huskey, State Appellate Public Defender; Justin M. Curtis, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Baltazar Humberto Olivas-Perez pled guilty to two counts of trafficking in 

methamphetamine. I.C. § 37-2732B. In exchange for his guilty pleas, an additional charge was 

dismissed. The district court sentenced Olivas-Perez to concurrent unified terms of fifteen years, 

with minimum periods of confinement of five years. Olivas-Perez filed an I.C.R. 35 motion for 

reduction of his sentence, which the district court denied. Olivas-Perez appeals, challenging only 

the excessiveness of his sentences. 

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the 

factors to be considered in evaluating the reasonableness of the sentence are well established and 
2

need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-

15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 

1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing 

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record 

in this case, we cannot say that the district court abused its discretion.

Therefore, Olivas-Perez’s judgment of conviction and sentences are affirmed.
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00200-CR

__________________

IN RE PATRICK ANDRE DENLEY

__________________________________________________________________

Original Proceeding

252nd District Court of Jefferson County, Texas

Trial Cause No. 81756

__________________________________________________________________

MEMORANDUM OPINION

In a petition asking this Court to issue a writ of mandamus, Patrick Andre 

Denley complains the judgment the trial court signed in Trial Cause Number 81756 

is inconsistent with the oral pronouncement of his sentence. For the reasons 

explained below, we deny Denley’s petition. 

The judgment from Denley’s criminal case—a judgment signed in December 

2000—reflects Denley was convicted of robbery. Based on Denley’s status as a 

repeat offender, coupled with the plea bargain agreement he made with the State, the

trial court assessed a thirty-year sentence. The record also shows the State agreed to 
2

abandon the allegations in the indictment charging he committed the robbery “by 

using and exhibiting a deadly weapon, to wit: a firearm.” 

In his petition, Denley complains the judgment reflects he was convicted of a 

first-degree felony when under the plea agreement he made with the State, the 

agreement shows he was to be convicted of a second-degree felony and sentenced 

as a repeat offender. Denley argues he should now be allowed to withdraw his plea 

and that he should not be subjected to any further prosecution of the State’s claim 

alleging he was guilty of committing a robbery.

In part, Denley’s petition asks for this Court to release him from prison. But 

we do not have jurisdiction to issue a writ of mandamus in a case seeking to overturn 

a defendant’s conviction on a felony.

1

Additionally, the judge who signed the judgment in Denley’s case in 2000 no 

longer holds office. Yet Denley failed to name that judge who succeeded the judge 

who signed the judgment in the case he seeks to overturn as a respondent in the 

petition he filed in this Court. In addition, Denley did nothing to show that the judge 

currently presiding over the 252nd District Court either failed or refused to rule on 

a motion properly filed in that court within a reasonable period of time.2

1

See Tex. Code. Crim. Proc. Ann. art. 11.07; see also Ater v. Eighth Court of 

Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). 

2

See In re Fields, 619 S.W.3d 394, 395 (Tex. App.—Waco 2021, orig. 

proceeding) (to obtain mandamus relief form the appellate court, a relator must show 
3

For all these reasons, Denley has not shown he is entitled to relief on the 

petition for mandamus he filed in this Court. 

PETITION DENIED.

PER CURIAM

Submitted on July 27, 2021

Opinion Delivered July 28, 2021

Do Not Publish

Before Kreger, Horton and Johnson, JJ.

that he filed a motion with the current judge and that the current judge failed to act 

after having had an adequate time to rule).
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6740
DOMMION MCLEAN, Plaintiff - Appellant, versus TANA JORDAN, Circuit Court Clerk, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Vi rginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-04-741-RAJ-TEM) Submitted: November 22, 2005 Decided: December 2, 2005 Before MOTZ, TRAXLER, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Dommion McLean, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Dommion McLean appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2000) complaint as frivolous. We have reviewed the record and find no reversible error. Accordingly, we deny McLean’s motion to appoint counsel and affirm on the reasoning of the district court. SeeMcLean v. Jordan , No. CA-04-741-RAJ-TEM (E.D. Va. Apr. 25, 2005). 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.

AFFIRMED
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Small Business Administration [Disaster Declaration #15679; California Disaster Number CA-00294 Declaration of Economic Injury]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a notice of an Economic Injury Disaster Loan (EIDL) declaration for the State of California, dated 09/04/2018. *Incident:*
                         Ferguson Fire. *Incident Period:*
                         07/13/2018 through 08/19/2018.
 DATES: Issued on 09/04/2018. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         06/04/2019.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's EIDL declaration, applications for economic injury disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: 
 
 *Primary Counties:*
                     Mariposa *Contiguous Counties:* *California:* Madera, Merced, Stanislaus, Tuolumne The Interest Rates are: PercentBusinesses and Small Agricultural Cooperatives Without Credit Available Elsewhere
3.610Non-Profit Organizations Without Credit Available Elsewhere
2.500
 The number assigned to this disaster for economic injury is 156790. The State which received an EIDL Declaration # is CALIFORNIA. (Catalog of Federal Domestic Assistance Number 59008) Dated: September 4, 2018. Linda E. McMahon, Administrator.


[FR Doc. 2018-19979 Filed 9-13-18; 8:45 am] BILLING CODE 8025-01-P
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