alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals 

for the Fifth Circuit 

No. 22-40164 

Summary Calendar 

United States of America, 

Plaintiff—Appellee, 

versus

Zack Zembliest Smith, III, 

Defendant—Appellant. 

Appeal from the United States District Court 

for the Eastern District of Texas 

USDC No. 1:94-CR-68-1 

Before Stewart, Dennis, and Willett, Circuit Judges.

Per Curiam:*

Zack Zembliest Smith, III, federal prisoner # 04838-078, moves for 

leave to proceed in forma pauperis (IFP) to appeal the district court’s denial 

of his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). 

Smith also moves this court for leave to amend his motion for compassionate 

release. His motion for leave to amend is DENIED, and we do not consider 

*

 This opinion is not designated for publication. See 5th Cir. R. 47.5. 

United States Court of Appeals 

Fifth Circuit 

FILED 

December 28, 2022 

Lyle W. Cayce 

Clerk 

Case: 22-40164 Document: 00516591575 Page: 1 Date Filed: 12/28/2022
No. 22-40164 

2 

any grounds for compassionate release in the proposed amended complaint 

that are raised for the first time on appeal. See United States v. Thompson, 984 

F.3d 431, 432 n.1 (5th Cir. 2021); Cinel v. Connick, 15 F.3d 1338, 1346 (5th 

Cir. 1994). 

To proceed IFP on appeal, Smith must demonstrate both financial 

eligibility and a nonfrivolous issue for appeal. See Carson v. Polley, 689 F.2d 

562, 586 (5th Cir. 1982). An issue is nonfrivolous if it is arguable on its merits. 

Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Here, the district court 

found that Smith had not shown extraordinary and compelling reasons 

justifying a reduction in his sentence and that the 18 U.S.C. § 3553(a) factors 

did not support his release. We conclude that Smith has failed to identify a 

nonfrivolous basis for challenging the district court’s determination that the 

§ 3553(a) factors did not support his release. See United States v. Chambliss, 

948 F.3d 691, 693-94 (5th Cir. 2020). 

Therefore, we DISMISS Smith’s appeal as frivolous and DENY the 

motion to proceed IFP on appeal. See Baugh v. Taylor, 117 F.3d 197, 202 & 

n.24 (5th Cir. 1997); 5th Cir. R. 42.2. 

Case: 22-40164 Document: 00516591575 Page: 2 Date Filed: 12/28/2022
<TABLE> <S> <C>

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<FISCAL-YEAR-END>                          SEP-28-1996
<PERIOD-START>                             OCT-01-1995
<PERIOD-END>                               SEP-28-1996
<CASH>                                             108
<SECURITIES>                                         0
<RECEIVABLES>                                    3,992
<ALLOWANCES>                                         0
<INVENTORY>                                      6,059
<CURRENT-ASSETS>                                12,213
<PP&E>                                           6,940
<DEPRECIATION>                                   5,818
<TOTAL-ASSETS>                                  16,538
<CURRENT-LIABILITIES>                            3,711
<BONDS>                                          3,675
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        120
<COMMON>                                           649
<OTHER-SE>                                       8,044
<TOTAL-LIABILITY-AND-EQUITY>                    16,538
<SALES>                                         25,317
<TOTAL-REVENUES>                                25,317
<CGS>                                           15,787
<TOTAL-COSTS>                                   15,787
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 522
<INCOME-PRETAX>                                  2,086
<INCOME-TAX>                                       796
<INCOME-CONTINUING>                              1,290
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,290
<EPS-PRIMARY>                                      .14
<EPS-DILUTED>                                        0
        

</TABLE>
United States Department of Agriculture 1400 Independence Avenue SW. Policy Memo 11-12

Agricultural Marketing Service Room 2646-South Building

National Organic Program Washington, DC 20250

PM 11-12 Confinement of Poultry Flocks Rev03 04 03 2017 

Policy Memorandum

To: Stakeholders and Interested Parties 

From: Miles V. McEvoy, Deputy Administrator

Subject: Confinement of Poultry Flocks Due to Low or Highly Pathogenic Avian 

Influenza, or Other Infectious Diseases

Date: April 3, 2017

Original Issue Date – January 21, 2011

Certified organic poultry operations must establish and maintain preventative livestock health 

care practices, which may include temporary confinement. Provisions for temporary confinement

are described in the USDA organic regulations under 7 CFR 205.239(b), which provides for the 

temporary confinement of organic livestock and poultry because of conditions under which the 

health, safety, or well-being of the animals could be jeopardized.

Temporary confinement may be appropriate under certain conditions such as when low or highly 

pathogenic avian influenza is detected in the area. Organic poultry may be confined on a 

temporary basis in areas in proximity to low or highly pathogenic avian influenza findings.

Temporary confinement can be done without compromising the organic status of the certified 

operation under these conditions. 

If it is determined that temporary confinement of birds is needed to protect the health, safety, 

and welfare of organic flocks, then producers and certifiers may work together to determine an 

appropriate method and duration of confinement of organic poultry flocks without a loss of 

organic certification. The method of temporary confinement used must be approved by the 

certifying agent and should provide the necessary protection to the birds while meeting the 

remaining requirements of the USDA organic regulations. Continuous total confinement of any 

organic poultry indoors is prohibited. 

USDA's Animal and Plant Health Inspection Service (APHIS) provides guidance to poultry 

producers, including free range and organic producers, regarding bio-security considerations for 

their operations. For more information on biosecurity practices, view: APHIS: Biosecurity for 

Birds. APHIS also provides information about avian influenza and other animal diseases at 

https://www.aphis.usda.gov/aphis/ourfocus/animalhealth
Exhibit 32.2



Certification Pursuant to 18 U.S.C. Section 1350,

As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



I, Raymond F. Lancy, Chief Financial Officer, Vice President, Treasurer and Assistant
Secretary of Bridgford Foods Corporation (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



| | (1) | the Annual Report on Form 10-K of the Company for the fiscal year ended October 29, 2004 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m or 780(d)); and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



Dated: January 27, 2005



/s/    RAYMOND F. LANCYRaymond F. LancyChief Financial Officer, Vice President Treasurer and Assistant Secretary (Principal Financial and Accounting
Officer)
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Marko Angel Mendoza, * From the 161st District Court

of Ector County

Trial Court No. B

- 44,758.

Vs. No. 11

- 1 8

- 00 129

- CR * May 9, 2019

The Sta te of Texas, * Per Curiam Memorandum Opinion

(Panel consists of: Bailey, C. J.,

Stretcher , J. , and Wright, S.C.J., sitting

by assignment )

(Willson, J., not participating)

This court has inspected the record in this cause and concludes that there

is no error in the judgment below. Therefore, in accordance with this court ’ s

opinion, the judgment of the trial court is in all thin gs affirmed.
GRANTS 101

A guide to the Agricultural 

Marketing Service 

grant process

1. Do the Pre-work!

Register with SAM.gov. (Takes 7-10 business days.)

Register for a Data Universal Numbering System (DUNS) 

number at fedgov.dnb.com/webform.

Contact the Internal Revenue Service to obtain an 

Employer Identification Number (EIN).

Create a Grants.gov profile and designate your Authorized 

Organizational Representative. 

2. Submit Your Application

Requests for Applications (RFA) are published by USDA 

on Grants.gov.

Plan to submit at least 1 week prior to the application 

due date to avoid last-minute technological and logistical 

challenges. Read the RFA carefully, submit all required 

forms and answer all questions.

Application Questions?

Call or email the Agricultural Marketing Service (AMS) Grants Division 

using the contact info listed in the RFA.

3. Peer Review (if applicable)

Competitive grant program applications that meet basic 

application criteria undergo qualified external peer review.

Applications that receive the highest peer review scores and 

rankings are recommended for final award consideration. 

Interested in being a peer reviewer? Apply at

www.ams.usda.gov/peer-review.

4. Application Administrative Review

AMS ensures applications align with:

 The grant program's scope and USDA priorities.

 Budget allowability.

 The grant applicant's ability to account for and monitor 

 the use of Federal funds.

5. Award Notice

If an applicant is successful, AMS sends a Notice of Award and 

Grant Agreement including the Grant Terms and Conditions. 

Once all requirements are met, grant work commences!

6. Managing the Grant and Reporting Requirements

Grant applications require a lot of work, and if you’re selected for an award, 

there are additional commitments you need to meet including:

Review the Grant Terms and Conditions.

Report on grant progress, programmatically and financially.

Communicate with AMS about your grant.

Close out the grant when all requirements have been met.

Did you know? Free grants training resources are available at

www.cfo.gov/grants/training.

Learn more about AMS grants and opportunities at www.ams.usda.gov/grants 

USDA is an equal opportunity provider, employer and lender.
Solutions! ___/

## QSEM Solutions!

Il LI I

VACUUM FURNACE Ii.—-.

## QSEM Solutions!

• METAL OXIDE REFINING (MOR) BUILDING ROOF VENT • BUILDING 31 (FURNACE 12) ROOF VENT •1 ‘ I F I I’I

• BUILDING 9 (FURNACE 1) ROOF VENT1(‘a0CCD‘.1C,—I.j12z.2C)4.m(4

# QSEM SólutiànS!

• FURNACE TAPPING (FURNACE 12) • CASTING (ALTERNATIVE PROCESS OPERATION) • SKIMMING...(.nr)-nCzGb)—IzGb)-I,Czm

## QSEM: Sölutións!

• IMPROVE CAPURE OF TAP EMISSIONS AT SOURCE (I.E. HOOD MODIFICATION) AND INCREASE CAPTURE VOLUME • CREATE ROOF ENCLOSURE (CANOPY HOOD) ABOVE FURNACE 12 TAP AREA • VENT CANOPY HOOD TO EXISTING WET SCRUBBER SERVING THE FURNACE _,I I .

# FURNACE 12 CAPTURE SYSTEM OPTIONS

Tap Area

// 1’ 7 Skim) Cast Arc Furnace Rake Hole

## QSEM Solutions! /

• IMPROVE CAPURE OF TAP EMISSIONS AT SOURCE (I.E. HOOD MODIFICATION) • INSTALL CAPTURE SYSTEM FOR CAST EMISSIONS USING EXISTING MELT FABRIC FILTER • CREATE ROOF ENCLOSURE (CANOPY HOOD) ABOVE FURNACE 1 TAP AREA ‘LI ‘..

• VENT CANOPY TO EXISTING FURNACE FABRIC FILTER

# FURNACE 1 CONTROL SYSTEM OPTIONS

‘V / / Skim/ Rake Submerged Arc Furnace

Hood Roof 7/ / f Cast! Pour

## QSEM Solutions! 

# ‘RBU
• IMPROVE CAPTURE OF EMISSIONS FROM CASTING AND METAL TRANSFER AT SOURCE • CREARE ROOF ENCLOSURE(I.E. CANOPY HOOD) ABOVE CASTING AREA • VENT CANOPY HOOD TO EXISTING REFINING FABRIC FILTER 

# I I 

### IL.i’_

# MOR CONTROL SYSTEM OPTIONS

Cast Transfer I’ _

f,f/f f//7 Refining Station

## QEM Solutions! -‘

• THE EMI BUILDINGS ARE CONSTRUCTED WITH PROCESS EMISSIONS SOURCES IN A CENTER ISLE WITH A HIGH A-FRAME ROOF RUNNING LENGTH WISE IN THE BUILDING • PARTITIONS CAN BE INSTALLED TO FORM A CANOPY HOOD ABOVE THE CRAIN RAILS TO CONTAIN UNCAPTURED EMISSIONS FROM TAPPING V 

### I1I1I

## QSEM So1uc1ons!’

• THE ROOF ENCLOSURE WILL BE EXHAUSTED TO A PARTICULATE COLLECTION DEVICE • UNCAPURED EMISSIONS FROM PRIMARY TAP HOOD WILL BE CONTAINED IN THE ROOF ENCLOSURE DURING TAP OPERATIONSSolutions!

I ‘ 

## Eic 1 ’;

- • THE EMI BUILDINGS ARE NOT CONSTRUCTED TO ACCOMMODATE THE NEGATIVE PRESSURE CREATED BY THE CAPTURE SYSTEM • EXHAUSTVOLUME REQUIRE TO REMOVE HEAT GENERATED BY PROCESS OPERATIONS IS EXCESSIVE • FULL BUILDING EVACUATION IS NEITHER TECHNICALLY NOR ECONOMICALLY FEASIBLE FOR CONTROL OF SECONDARY EMISSIONS

## QSEM Solutions! ,/

. EXHAUSTVOLUME REQUIRED FOR SECONDARY EMISSIONS CONTROL WITH PARTIAL ENCLOSURE IS SIGNIFICANTLY LESS THAN FULL BUILDING ENCLOSURE • THE EXISTING BUILDING DESIGN (I.E. ROOF VENT) ALLOWS HEAT REMOVAL THRU NATURAL DRAFT • CANOPY HOOD ALLOWS HEATTO BE RELEASED THRU EXISTING VENT SYSTEM

### Solutions!
CANOPY HOODS/PARTIAL ENCLOSURES ARE USED IN PRIMARYAND SECONDAY METAL PROCESSES TO CONTROL SECONARY EMISSIONS • EMISSIONS CHARACTERISTICS OF MANGANESE ALLOY TAPPING ARE LESS INTENSE THAN EMISSIONS FROM SECONDARY STEEL OPERATIONS

## QSEM Solutions!

v.I I_I’

- • SECONDARY STEEL FURNACES DO NOT EMPLOY A PRIMARY HOOD CAPTURE SYSTEM AND USE THE CANOPY HOOD ALONE FOR EMISSIONS CONTROL ‘I_I L
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

CARLOS GUATIMEA AGUIRRE,

Defendant

- Appellant. No. 23

- 353

D.C. No. 9:21

- cr

- 00052

- DLC

- 1

MEMORANDUM *

Appeal from the United States District Court
for the District of Montana
Dana L. Christensen

, District Judge , Presiding

Submitted July 16, 2024 **

Before: SCHROEDER, VANDYKE, and KOH, Circuit Judges

.

Carlos Guatimea Aguirre appeals from the district court’s judgment and

challenges his guilty

- plea conviction and 180

- month sentence for possession with

intent to distribute methamphetamine and fentanyl, in violation of 21 U.S.C.

§ 841(a)(1), and possession of a firearm in furtherance of a drug trafficking crime,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

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

# FILED

JUL 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 23

- 353

in violation of 18 U.S.C. § 924(c)

. Pursuant to Anders v. California , 386 U.S. 738

(1967), Aguirre ’s counsel has filed a brief stating that there are no grounds for

relief, along with a motion to withdraw as counsel of record. Aguirre has filed a

pro se supplemental opening brief and the government has filed an answering brief,

to which Aguirre filed a pro se reply.

Our independent review of the record pursuant to Penson v. Ohio , 488 U.S.

75, 80 (1988), disclose s no arguable issue as to the enforceability of the appeal

waiver in Aguirre’s plea agreemen t

. See United States v. Watson , 582 F.3d 974,

986

- 88 (9th Cir. 2009). The issue Aguirre raises in his pro se briefing as to his

criminal history score is covered by the terms of the waiver and, in any event, lacks

merit. See United States v. Sadler , 77 F.4th 1237, 124 2

- 46 (9th Cir. 2023)

( defendant may not c ollaterally attack a prior conviction at his sentencing hearing ).

Moreover, the district court could not have imposed a sentence below 180 months

even if Aguirre’s criminal history score had been lower. See 18 U.S.C.

§ 924 (c) (1)(A)(i); 21 U.S.C. § 841(b)(1)(A)

.

Notwithstanding the waiver, we vacate the standard supervised release

conditions included in the written judgment and remand for the limited purpose of

permitting the district court to comply with United States v

. Montoya , 82 F.4th 6403 23

- 353

(9th Cir. 2023) (en banc), which was decided during the pendency of this appeal

. 1

On remand, the district court must orally pronounce any standard conditions it

wishes to impose and give Aguirre an opportunity to object to them

. See id. at 656.

Counsel’s motion to withdraw is DENIED without prejudice to renewal in

the district court

.

DISMISSED in part
, VACATED in part
, and REMANDED.

1 We do not decide whether the appeal waiver applies to this claim. See United
States v. Jacobo Castillo , 496 F.3d 947, 957 (9th Cir. 2007) (en banc) (appeal
waivers are non

-

jurisdictional).
EXHIBIT 31.4



CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER



I, Raymond F. Lancy, certify that:



|1. | I have reviewed this Amendment No. 2 to Annual Report on Form 10-K/A of Bridgford Foods Corporation; and                                                                                                                                                                                                                                                      
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   |                                                                                                                                                                                                                                                                                                                                                               
|2. | Based on my knowledge, this Amendment No. 2 to Annual Report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this Amendment No. 2 to Annual Report.



Date: March 13, 2018



|/s/ RAYMOND F. LANCY                                         | 
|------------------------------------------------------------ | 
|Raymond F. Lancy                                             | 
|Chief Financial Officer, Executive Vice President, Treasurer | 
|& Assistant Secretary                                        | 
|(Principal Financial and Accounting Officer)                 |
<TABLE> <S> <C>

<ARTICLE>                        5
       
<S>                              <C>
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<FISCAL-YEAR-END>                DEC-31-1998
<PERIOD-END>                     MAR-31-1998
<CASH>                           480,861
<SECURITIES>                     250,159                <F1> 
<RECEIVABLES>                    475,278
<ALLOWANCES>                     0
<INVENTORY>                      0
<CURRENT-ASSETS>                 0
<PP&E>                           13,451,630            <F2>
<DEPRECIATION>                   1,212,840
<TOTAL-ASSETS>                   13,620,352
<CURRENT-LIABILITIES>            128,474
<BONDS>                          691,050               <F3>
<PREFERRED-MANDATORY>            0
<PREFERRED>                      0
<COMMON>                         12,800,828            <F4>
<OTHER-SE>                       0
<TOTAL-LIABILITY-AND-EQUITY>     13,620,352
<SALES>                          0
<TOTAL-REVENUES>                 418,625               <F5>
<CGS>                            0
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<DISCONTINUED>                   0
<EXTRAORDINARY>                  0
<CHANGES>                        0
<NET-INCOME>                     264,342
<EPS-PRIMARY>                    0
<EPS-DILUTED>                    0
<FN>
<F1>   "SECURITIES" REPRESENTS INVESTMENT IN JOINT VENTURE
<F2>   "PP&E" REPRESENTS INVESTMENT IN REAL ESTATE [LAND AND
             BUILDING]
<F3>   "BONDS" REPRESENTS MINORITY INTEREST IN JOINT VENTURE
<F4>   "COMMON" REPRESENTS TOTAL PARTNERS CAPITAL
<F5>   "TOTAL REVENUES" REPRESENTS RENTAL, INTEREST, AND OTHER
          INCOME
<F6>   "TOTAL COSTS" REPRESENTS TOTAL EXPENSES
<F7>   "OTHER EXPENSES" REPRESENTS MINORITY AND EQUITY INTEREST
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</FN>
        

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<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
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<CURRENT-LIABILITIES>                           13,397
<BONDS>                                        101,000
<PREFERRED-MANDATORY>                           33,909
<PREFERRED>                                          0
<COMMON>                                           162
<OTHER-SE>                                     (17,599)
<TOTAL-LIABILITY-AND-EQUITY>                   346,720
<SALES>                                         16,516
<TOTAL-REVENUES>                                17,102
<CGS>                                           13,021
<TOTAL-COSTS>                                   13,021
<OTHER-EXPENSES>                                    99
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,033
<INCOME-PRETAX>                                 (4,051)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (4,051)
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<EXTRAORDINARY>                                (27,061)
<CHANGES>                                            0
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