alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS 

 TENTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

v.

JESUS RIOS-ZAMORA,

 Defendant - Appellant.

No. 14-3245

(D. Kansas)

(Nos. 2:14-CV-02176-CM and 

2:12-CR-20085-CM-1)

ORDER DENYING CERTIFICATE OF APPEALABILITY 

Before HARTZ, McKAY, and MATHESON, Circuit Judges. 

 

Defendant Jesus Rios-Zamora seeks a certificate of appealability (COA) to appeal 

the district court’s denial of his motion for relief under 28 U.S.C. § 2225. See 28 U.S.C. 

2255(c)(1)(B) (requiring a COA to appeal denial of a § 2255 motion). We deny a COA 

and dismiss the appeal. 

Defendant pleaded guilty to illegal reentry following deportation after a conviction 

for an aggravated felony. See 8 U.S.C. § 1326(a). In computing his guidelines 

sentencing range, the district court applied a 16-level enhancement because Defendant 

had previously been deported following a conviction for a felony crime of violence. See 

USSG § 2L1.2(b)(1)(A)(ii). The court sentenced him to 70 months’ imprisonment. 

FILED 

United States Court of Appeals 

Tenth Circuit 

April 10, 2015

Elisabeth A. Shumaker 

Clerk of Court
2 

Defendant’s § 2255 motion raised a single claim: that his trial counsel was ineffective 

for failing to challenge the crime-of-violence sentencing enhancement because his prior 

conviction was not for a crime of violence. The district court denied Defendant’s motion 

and declined to issue a COA. 

A COA will issue “only if the applicant has made a substantial showing of the 

denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). This standard requires “a 

demonstration that . . . includes showing that reasonable jurists could debate whether (or, 

for that matter, agree that) the petition should have been resolved in a different manner or 

that the issues presented were adequate to deserve encouragement to proceed further.” 

Slack v. McDaniel, 529 U.S. 473, 484 (2000) (internal quotation marks omitted). 

The conviction on which Defendant’s sentence enhancement was based was a 

conviction for violating the Kansas aggravated-battery statute, Kan. Stat. Ann. 

§ 21-3414(a). Our opinion in United States v. Treto-Martinez, 421 F.3d 1156, 1158–59 

(10th Cir. 2005), makes clear that any conviction under that statute satisfies the 

guidelines definition of a conviction for a crime of violence. Because the sentencing 

court correctly applied the enhancement, counsel could not have been ineffective for 

failing to argue the contrary. See Cannon v. Mullin, 383 F.3d 1152, 1177 (10th Cir. 

2004). No reasonable jurist could debate the denial of Defendant’s § 2255 motion. 
3 

We DENY Defendant’s request for a COA and dismiss the appeal. 

ENTERED FOR THE COURT 

 Harris L Hartz 

Circuit Judge
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14th COURT OF APPEALS

HOUSTON TE^AS

APR 13 2015

CHRISTOPHER.A. PRINE

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EXHIBIT 31.1

CERTIFICATIONS

I, Frederik Warnaars, certify
that:

1.  I have reviewed this quarterly
report on Form 10-QSB of Aurelio Resource Corporation;

2.  Based on my knowledge, this
quarterly report does not contain any untrue statement of a material fact
oromit 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 quarterly
report;

3. Based on my knowledge, the financial
statements, and other financial information included in this quarterly report,
fairly present in all material respects the financial condition, results of
operations and cash flows of the small business issuer as of, and for, the
periods presented in this quarterly report;

4. I am responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-15(e) and 15d-15(e)) for the small business issuer and I have:

a) designed such disclosure controls and
procedures to ensure that material information relating to the small business
issuer, including its consolidated subsidiaries, is made known to us by others
within those entities, particularly during the period in which this quarterly
report is being prepared;

b) evaluated the effectiveness of the
small business issuers disclosure controls and procedures and presented in this
report our conclusions about the effectiveness of the disclosure controls and
procedures, as of the end of the period covered by this quarterly report based
on such evaluation; and

c) disclosed in this quarterly report any
change in the small business issuers internal control over financial reporting
that occurred during the small business issuers most recent fiscal quarter that
has materially affected, or is reasonably likely to materially affect, the small
business issuers internal control over financial reporting.

5. I have disclosed, based on my most
recent evaluation of internal controls over financial reporting, to the small
business issuers auditors and the audit committee of the small business
issuers board of directors (or persons performing the equivalent
functions):

a) all significant deficiencies and
material weaknesses in the design or operation of internal control over
financial reporting which are reasonably likely to adversely affect the small
business issuers ability to record, process, summarize and report financial
information; and

b) any fraud, whether or not material,
that involves management or other employees who have a significant role in the
small business issuers internal control over financial reporting.

Date: October 23. 2006

/s/ Frederik Warnaars Frederik
Warnaars

President, Chief Executive Officer,
Chief Financial Officer and Treasurer (Principal Executive and Principal
Financial and Principal Accounting Officer)

---
Exhibit 32  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), the undersigned officers of Firstgold, Corp.,
a Delaware corporation (the “Company”), do hereby certify with respect to the
Quarterly Report of Firstgold on Form 10-Q for the quarter ended October 31,
2008 as filed with the Securities and Exchange Commission (the "10-Q Report")
that:
 
 (1)           the
10-Q 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 10-Q Report fairly presents, in all material
respects, the financial condition and results of operations of
Firstgold.
 
  FIRSTGOLD
      CORP.Dated:  December
      21, 2008
                
                /s/ STEPHEN
      AKERFELDTStephen
      Akerfeldt, Chief Executive OfficerDated:  December
      21, 2008
                
                /s/
      JAMES KLUBERJames
      Kluber, Chief Financial Officer
EXHIBIT 10.12



March 14, 2002


Mr. Phillip E. Guldeman, CPA
2890 Mesa Alta Lane
Arroyo Grande, CA 93420

Re:   Offer of Employment

Dear Mr. Guldeman:

Community  West Bancshares and Goleta National Bank are pleased to offer you the
following  employment  opportunity,  subject  to  approval  by the Office of the
Comptroller  of  the  Currency  and  the  Federal  Reserve  Board:


Position Title:   Executive Vice President/Chief Financial Officer
Department:       Corporate Administration
Direct Report:    Steve Haley, President
Compensation:     $11,458.33 per month
Signing Bonus:    12,500 payable over a six month employment period beginning
                  with date of hire
Stock Options:    25,000 shares of stock options, subject to Board of Director
                  approval
Special Note:     The Board of Directors will issue an Indemnification Agreement
                  to  Executive  comparable to those issued to other Executive
                  Officers.
Health Benefits:  Executive shall be eligible for all benefits accorded
                  executive  officers,  including  medical,  dental,  vision,
                  prescription  drug  program,  life  insurance and short term
                  disability  for  himself  and  family,  upon  hire  date.
401K Plan:        Eligibility requirement of 90 days and Open Enrollment
                  (Quarterly)
Start Date:       April 1, 2002

Please  be  advised  that  this is not a contract of employment.  All employment
relationships  with  Community  West  Bancshares  and  Goleta  National Bank are
"at-will."

Please  sign  below  as  an  acknowledgement of this offer and your status of an
at-will  employee  of  the  Company.


Accepted and Agreed:                                Community West Bancshares


-----------------------------                       -------------------------
Phillip E. Guldeman,                                Steve Haley, President
Date:  3/14/02                                      Date:  3/14/02


<PAGE>
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Ex Parte Jessica Nicole Mauck

Appellate case number: 01-14-00811-CR

Trial court case number: 1342193-A

Trial court: 174th District Court of Harris County

This case was abated and remanded to the trial court on October 23, 2014. In the 

abatement order, we directed the trial court to execute a certification of appellant’s right to 

appeal indicating whether or not appellant has the right to appeal and enter findings of fact and 

conclusions of law in conjunction with the denial of appellant’s application for a writ of habeas 

corpus. The trial court signed its findings of fact and conclusions of law and, on December 2, 

2014, the district clerk filed a supplemental clerk’s record containing the court’s findings of fact 

and conclusions of law. The trial court then filed a certification of appellant’s right of appeal and, 

on March 17, 2015, the district clerk filed a supplemental clerk’s record containing the

certification of appellant’s right to appeal. Accordingly, we REINSTATE this case on the 

Court’s active docket.

Appellant has requested that “this matter be handled by this Court as any other direct 

appeal, with full briefing” and oral argument, if warranted. We deny appellant’s request. See

TEX. R. APP. P. 31.1, 31.2.

It is so ORDERED.

Judge’s signature: /s/ Terry Jennings

 Acting individually  Acting for the Court

Date: April 14, 2015
EXHIBIT 32

CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, U.S.C.

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

I, Barry Yantis, Chief Executive Officer, President and Treasurer of Chase General Corporation (the
Company), certify pursuant to Section 1350, Chapter 63 of Title 18 U.S.C. as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1) | The Annual Report on Form 10-KSB of the Company for the year ended June 30, 2007 (The Report) fully complies with the requirement of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: September 11, 2007



|                                               
|-----------------------------------------------
|/s/ Barry M. Yantis                            
|Barry M. Yantis                                
|Chairman of the Board, Chief Executive Officer,
|President and Treasurer
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

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

SANTOS DIAZ MARTINEZ, a.k.a.

Abacuc Palacios Barrera, a.k.a. Santos

Martinez Diaz, a.k.a. Jose Santos Diaz

Martinez,

 Defendant - Appellant.

No. 12-50024

D.C. No. 2:11-cr-00868-PA

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Percy Anderson, District Judge, Presiding

Submitted February 11, 2013** 

Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges. 

Santos Diaz Martinez appeals from the district court’s judgment and

challenges the 48-month sentence imposed following his guilty-plea conviction for

FILED

FEB 21 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-50024

being an illegal alien found in the United States following deportation, in violation

of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. 

Diaz Martinez contends that the district court erred procedurally by not

considering and granting a four-level departure under U.S.S.G. § 5K3.1. He also

contends that the district court procedurally erred by failing to explain sufficiently

its denial of that departure. We do not review departures for procedural

correctness. See United States v. Vasquez-Cruz, 692 F.3d 1001, 1008 (9th Cir.

2012). Moreover, the district court need not give explicit reasons for rejecting a

requested departure. See id.

Diaz Martinez points to no authority to support his contention that the

district court’s discretionary denial of the four-level departure recommended by the

government violated the separation of powers.

AFFIRMED.
EXHIBIT 31.1





CERTIFICATIONS








I, Jason C. Behnke, certify that:





1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Ford Credit Auto Lease Trust 2023-B (the “Exchange Act periodic reports”);





2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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 report;





3. Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;





4. I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and





5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.  Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.





In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: U.S. Bank Trust National Association, as indenture trustee of the issuing entity, and The Bank of New York Mellon, as owner trustee of the issuing entity.





Date:  March 21, 2024


/s/ Jason C. BehnkeJason C. BehnkeVice President - Assistant TreasurerFord Motor Credit Company LLC, as Servicer(senior officer in charge of servicing function)
U.S. DEPARTMENT OF AGRICULTURE

 Agricultural Marketing Service

NOTICE OF SALE OF PEANUTS

FOR RELEASE AT 1:30 P.M. CT October 21, 2020

U. S. Department of Agriculture, Agricultural Marketing Service today announced the sale of peanuts. The peanuts were sold 

under Peanut Invitation No.20 dated October 13th, 2020.

Catalog Lot Catalog Location Purchaser Tons 

Sold Bid Price (per ton) CCC Revenue Peanut Type

1 Clarkton, NC Golden Peanut and 

Tree Nuts 20.55 $360.00 $ 7,398.00 Virginia
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