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NOT FOR PUBLICATION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.

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 APPEALS
2 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), discloses no arguable issue as to the enforceability of the appeal 

waiver in Aguirre’s plea agreement. 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, 1242-46 (9th Cir. 2023)

(defendant may not collaterally 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 640 
3 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).
<PAGE>

                                                                    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

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of
Chapter 63 of Title 18 of the United States Code), each of the undersigned
officers of Finlay Enterprises, Inc., (the "Company") does hereby certify with
respect to the Quarterly Report of the Company on Form 10-Q for the period ended
May 1, 2004 (the "Report") that:

     1.  The 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 Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.



Date: June 10, 2004

                                              /s/ Bruce E. Zurlnick
                                              ----------------------------------
                                              Bruce E. Zurlnick
                                              Senior Vice President, Treasurer
                                              and Chief Financial Officer







The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the
United States Code) and is not being filed as part of the Report or as a
separate disclosure document.
EXHIBIT
      32.1




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 MISONIX, INC. (the “Company”) on Form
      10-Q for the period ending March 31, 2006 as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), I, Michael A. McManus,
      Jr., President and Chief Executive Officer of the Company, certify, pursuant
      to
      18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act
      of
      2002, that:





|(1) | The
              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 Report fairly presents, in all material
              respects, the financial condition and result of operations of the
              Company.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------




Dated:
      May 15, 2006


/s/
      Michael A. McManus, Jr.


Michael
      A. McManus, Jr.


President
      and Chief Executive 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 MISONIX, INC. and will be retained by
      MISONIX, INC. and furnished to the Securities and Exchange Commission or its
      staff upon request.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 449 Engrossed in House (EH)]

<DOC>
H. Res. 449

                In the House of Representatives, U. S.,

                                                       October 1, 2015.
    Resolved, That upon adoption of this resolution it shall be in order to 
consider in the House the bill (H.R. 3457) to prohibit the lifting of sanctions 
on Iran until the Government of Iran pays the judgments against it for acts of 
terrorism, and for other purposes. All points of order against consideration of 
the bill are waived. The amendment in the nature of a substitute printed in the 
report of the Committee on Rules accompanying this resolution shall be 
considered as adopted. The bill, as amended, shall be considered as read. All 
points of order against provisions in the bill, as amended, are waived. The 
previous question shall be considered as ordered on the bill, as amended, and on 
any further amendment thereto, to final passage without intervening motion 
except: (1) one hour of debate equally divided and controlled by the chair and 
ranking minority member of the Committee on Foreign Affairs; and (2) one motion 
to recommit with or without instructions.
    Sec. 2.  Upon adoption of this resolution it shall be in order to consider 
the conference report to accompany the bill (H.R. 1735) to authorize 
appropriations for fiscal year 2016 for military activities of the Department of 
Defense, for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal year, and 
for other purposes. All points of order against the conference report and 
against its consideration are waived. The conference report shall be considered 
as read. The previous question shall be considered as ordered on the conference 
report to its adoption without intervening motion except: (1) one hour of 
debate; and (2) one motion to recommit if applicable.
    Sec. 3.  It shall be in order at any time on the legislative day of October 
1, 2015, for the Speaker to entertain motions that the House suspend the rules 
as though under clause 1 of rule XV. The Speaker or his designee shall consult 
with the Minority Leader or her designee on the designation of any matter for 
consideration pursuant to this section.
            Attest:

                                                                          Clerk.
```
----------------------------------------------------------------

Electronically Filed 

Supreme Court 

SCWC-30710 

08-MAY-2014 

02:15 PM 

SCWC-30710 and SCWC-30711



IN THE SUPREME COURT OF THE STATE OF HAWAI'I


In the Matter of Cost Review Billing Dispute Regarding:


DARRELL D. LINOGON, Respondent/Claimant-Appellee,



vs.



CITY MILL, Respondent/Employer-Appellee,



and



ARGONAUT INSURANCE COMPANY,


Respondent/Insurance Carrier-Appellee,



vs.



EMERSON M.F. JOU, M.D., Petitioner/Appellant-Appellant.


(ICA NO. 30710; CASE NO. AB 2009-230 (2-00-14173))



In the Matter of Cost Review Billing Dispute Regarding:


CLARITA PINSON, Respondent/Claimant-Appellee,



vs.



WAIKIKI BEACH MARRIOTT RESORT, Respondent/Employer-Appellee,



and



MARRIOTT CLAIMS SERVICE ASSOCIATION,


Respondent/Insurance Carrier-Appellee,



vs.


EMERSON M.F. JOU, M.D., Petitioner/Appellant-Appellant.


(ICA NO. 30711; CASE NO. AB 2009-231 (2-01-06278))



CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS 

ORDER REJECTING APPLICATIONS FOR WRIT OF CERTIORARI 

(By: Nakayama, Acting C.J., McKenna, Pollack, and Wilson, JJ.,

and Circuit Judge Kim, in place of Recktenwald, C.J., recused) 

Petitioner/Appellant-Appellant’s Applications for Writ 

of Certiorari, filed on March 26, 2014, is hereby rejected. 

DATED: Honolulu, Hawai'i, May 8, 2014. 

Stephen M. Shaw 

for petitioner



/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna



/s/ Richard W. Pollack



/s/ Michael D. Wilson



/s/ Glenn J. Kim



2
NVSL Brucella abortus Serological Proficiency Test

2021

International Laboratories

Successful Completion

1 Puerto Rico Veterinary Diagnostic Laboratory – PR 

Department of Agriculture

#9 Carr. 693 KM 4.0

Bo Higuillar

Dorado, PR

X X

2 Quebec, 

Canada

Biovet Inc

4375 av Beaudry 

Saint-Hyacinthe QC J2S 8W2

X

3 Santiago, 

Chile

Servicio Agricola y Ganadero Unidad 

de Bacteriologia Pecuaria

Ruta 68, N° 19100 Parcela SAG.

Pudahuel, Santiago.

X
Breadcrumb

1. Home

2. Print 

3. Pdf 

4. Node 

5. Entity Print 

Veterinary Services Training

Last Modified: 

Print

Veterinary Services (VS) training is highly specialized in the areas of animal health,

import and export, domestic and foreign disease diagnosis and management,

emergency response, epidemiology, and VS information systems. The training team

uses classroom-based, blended, and virtual delivery to provide training for VS

employees as well as VS partners and stakeholders from industry, State, and Federal

organizations.

Learning and Development Opportunities

Some course pages are still under construction. If you need information about a

specific upcoming course, please contact aphis.vs.training@usda.gov.

Registration Types

Open To All: Anyone may apply to attend this course. Attendance may be

limited by the physical classroom or virtual platform capacity limitations.

Prioritized: Anyone within the target audience may apply for consideration.

Business unit leaders or district leaders will make the final selection, which is

based on the experience and need for the training.
Pre-Selected: Reserved for a specific audience (for example, VS Incident

Management Teams members)

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Training Resources

VS Training and Exercise Program 

National Veterinary Services Laboratories 

National Bio and Agro-Defense Facility (NBAF) Scientist Training Program 

Cognos Operational Reports for SCS Training 

AgLearn

Agriculture Learning (AgLearn) provides educational services for USDA Federal

employees, contractors, partners, and customers.

VS employees with questions about AgLearn should send an email to

vs.aglearnadmin@usda.gov.

Contact Us

If you have any questions, please contact us at aphis.vs.training@usda.gov

Related Links

Emergency Management

Foreign Animal Disease Preparedness and Response (FAD PReP)

Emergency Management Response System 2.0 (EMRS2)

African Swine Fever Emergency Response

Highly Pathogenic Avian Influenza Emergency Response

Foot-and-Mouth Disease Emergency Response

Virulent Newcastle Disease Emergency Response
New World Screwworm Emergency Response

National Veterinary Stockpile
Breadcrumb

1. Home

2. Print 

3. Pdf 

4. Node 

5. Entity Print 

Privacy Act Resources

Last Modified: 

Print

The Privacy Act of 1974 

USDA Privacy Act Regulations 

The Judicial Redress Act of 2015 

The Judicial Redress Act, a public law, extends certain rights of judicial remedies

established under the Privacy Act of 1974.

E-Government Act of 2002 

Governs the requirement of PIAs and PTAs for Information Technology systems.

Federal Records Act of 1950 

The FRA provides that “the head of each Federal agency shall make and preserve

records containing adequate and proper documentation of the organization,

functions, policies, decisions, procedures, and essential transactions of the agency

and designed to furnish the information necessary to protect the legal and financial

rights of the Government and of persons directly affected by the agency’s

activities.” [44 U.S.C. § 3101]

Freedom of Information Act (FOIA) 

Federal agencies are required to disclose any information requested under the FOIA

unless it falls under one of nine exemptions which protect interests such as personal

privacy, national security, and law enforcement.

Paperwork Reduction Act of 1995 
The Paperwork Reduction Act (PRA), signed into law in 1980 and reauthorized in

1995, provides the statutory framework for the Federal government’s collection,

use, and dissemination of information.

Federal Privacy Council 

The Federal Privacy Council is the principal interagency forum established by

Executive Order 13719 to improve the privacy practices of agencies. The Federal

Privacy Council seeks to strengthen the protections of personal information and

privacy rights across the Federal Government.

OMB Privacy Guidance and Policies

Privacy Act Implementation, Guidelines and Responsibilities

OMB Circular No. A-130, Managing Information as a Strategic Resource- FISMA

OMB Circular No. A-108, Federal Agency Responsibilities for Review, Reporting,

and Publication under the Privacy Act

OMB Memorandum M-99-18, Privacy Policies on Federal Web Sites

OMB Memorandum M-03-22, OMB Guidance for Implementing the Privacy

Provisions of the E-Government Act of 2002

OMB Memorandum M-10-22, Guidance for Online Use of Web Measurement and

Customization Technologies

OMB Memorandum M-10-23, Guidance for Agency Use of Third-Party Websites

and Applications

OMB Memorandum M-16-24, Role and Designation of Senior Agency Officials for

Privacy

OMB Memorandum M-17-06, Policies for Federal Agency Public Websites and

Digital Services

OMB Memorandum M-17-12, Preparing for and Responding to a Breach of

Personally Identifiable Information
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE AUDITED
CONSOLIDATED BALANCE SHEET AT JUNE 30, 1999 AND THE AUDITED CONSOLIDATED
STATEMENT OF INCOME FOR THE YEAR ENDED JUNE 30, 1999 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S.DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               JUN-30-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          22,258
<SECURITIES>                                         0
<RECEIVABLES>                                  416,208
<ALLOWANCES>                                    83,896
<INVENTORY>                                     39,003
<CURRENT-ASSETS>                               440,411
<PP&E>                                       1,132,574
<DEPRECIATION>                                 297,454
<TOTAL-ASSETS>                               1,831,948
<CURRENT-LIABILITIES>                          205,216
<BONDS>                                        872,213
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           732
<OTHER-SE>                                     623,934
<TOTAL-LIABILITY-AND-EQUITY>                 1,831,948
<SALES>                                              0
<TOTAL-REVENUES>                             1,652,584
<CGS>                                                0
<TOTAL-COSTS>                                1,273,925
<OTHER-EXPENSES>                               126,099
<LOSS-PROVISION>                               126,525
<INTEREST-EXPENSE>                              53,683
<INCOME-PRETAX>                                 72,352
<INCOME-TAX>                                    33,494
<INCOME-CONTINUING>                             38,858
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    38,858
<EPS-BASIC>                                       0.53
<EPS-DILUTED>                                     0.52


</TABLE>
<PAGE>   1
                                  EXHIBIT 23.1

                        CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (Nos. 333-46417 and 333-61161) of Landmark Systems
Corporation of our report dated February 15, 1999, except for the information in
Note 2 under "Basis of Presentation (Restated)" to the consolidated financial
statements, as to which the date is February 29, 2000, relating to the
consolidated financial statements, appearing in Landmark Systems Corporation's
Annual Report on Form 10-K, as amended for the year ended December 31, 1998. We
also consent to the incorporation by reference of our report dated February 29,
2000, relating to the financial statement schedule, which appears in this Form
10-K, as amended. We also consent to the reference to us under the heading
"Selected Financial Data" which appears in this Form 10-K, as amended.


/s/ PricewaterhouseCoopers LLP


McLean, Virginia
March 29, 2000
EXHIBIT 10.5

DATE:  May 9, 2002                                              AMOUNT: $ 50,000

                           P R O M I S O R Y   N O T E

                  Maker, Xstream Beverage Group, Inc., promises to pay to the
order of EDA Family Limited Partnership ("EDA"), or its assigns on demand the
sum of $50,000 together with interest on the outstanding principal balance at
the rate of eight percent (8%) per annum.

                  Maker may prepay any portion of the outstanding principal
balance of this promissory note without penalty at any time. Any partial payment
will be applied first to accrued interest and the remainder to the outstanding
principal balance.

                  EDA shall provide Maker with written notice of any demand for
payment. Maker shall have a minimum of five days to make the required payment.
If payment is not made within five days of demand, Maker shall be deemed in
default. During any time that this Promissory note is in Default, the obligation
shall accrue interest at the rate of 12% per annum.

                  Maker hereby waives presentment for payment, demand, notice of
demand, notice of nonpayment or dishonor, protest and notice of protest, and all
other notices connected with the delivery, acceptance, performance default or
enforcement of the payment of this promissory note.

                  If any provision of this promissory note is held to be invalid
or unenforceable by a court of competent jurisdiction, the other provisions of
this promissory note shall remain in full force and effect.

                  In the event of any breach of the obligations of Maker(s) and
any litigation shall be required to secure repayment of the obligation the
prevailing party shall be entitled to recover all costs including reasonable
attorney's fees.

                  This obligation shall be construed pursuant to the laws of the
state of Florida. By entering into this agreement the parties agree to be bound
by the jurisdiction of the Florida courts with venue for any dispute in Palm
Beach County, Florida.




     ----------------------------------------------------------------------

                Please Initial: Xstream : ____ The Employee: ___


                                       1
<PAGE>


                  This Promissory Note is freely assignable by the Payee.



            This promissory note executed this 11th day of May, 2002.



MAKER:                                        WITNESS

                                              /S/THOMAS L. VISCOSI
                                              --------------------
XSTREAM BEVERAGE GROUP, INC.                     THOMAS L. VISCOSI

/s/Theodore Farnsworth
-----------------------------
BY:   Theodore Farnsworth, chairman








     ----------------------------------------------------------------------

                Please Initial: Xstream : ____ The Employee: ___


                                       2
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Bradley Jared Barton v. Office of Attorney General

Appellate case number: 01

- 19

- 0 0 677

- CV

Trial court case number: 2018

- 84841

Trial court: 309 th District Court of Harris County

A ppellant Bradley Jared Barton and appellee the Office of the Attorney General of Texas

attached exhibits to their respective briefs that contain unredacted, sensitive information. See T EX

. R. A PP

. P . 9.8(b), 9.9. Accord ingly, we strike E xhibit A to appellant’s brief and Exhibits A

- E to

appellee’s brief. Although we are striking the appendices, the individual documents are already

included in the clerk’s record or supplemental clerk’s record filed in this case . Appellant and

appellee may file a redacted version of their respective appendix that complies with the Texas

Rules of Appellate Procedure. The revised appendices, if any, are due by August 19, 2021

.

It is so ORDERED.

Judge’s signature:

____

/s/ Veronica Rivas

- Molloy

___________________________________ Acting individually

Date: August 10, 2021