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NOT FOR PUBLICATION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.

MERVIN LEROY SMALL,

Defendant

- Appellant. No. 20

- 30089

D.C. No. 1:07

- cr

- 00132

- SPW

- 1

MEMORANDUM *

Appeal from the United States District Court

for the District of Montana

Susan P. Watters, District Judge, Presiding

Submitted October 26, 2020 * *

Before: M c KEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.

Mervin Leroy Small appeals from the district court’s judgment and

challenges the nine

- month sentence imposed upon revocation of supervised

release. We have jurisd iction under 28 U.S.C. § 1291, and we vacate and remand

for resentencing

.

* 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

OCT 29 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 30089

Small contends, and the government concedes, that the district court

miscalculated the applicable Guidelines range . We agree

. Because Small admitted

only to Grade C violations, t he correct range was 3 to 9 months

, rather than the

range of 24 to 30 month s that the district court cited at sentencing

. See U.S.S.G.

§ 7B1.4(a). This error is plain and it requires remand for resentencing because

there is a reasonable probability that the district court would have imposed a

shorter sentence had it used the cor rectly calculated range as its starting point. See

Rosales

- Mireles v. United States , 13 8 S. Ct. 1 897

, 1907

- 09 (201 8 ) ( an error

resulting in a higher range than the Guidelines provide most often is sufficient to

show an effect on defendant’s substantial ri ghts and an adverse impact on the

fairness, integrity, and public reputation of judicial proceedings )

.

VACATED and REMANDED for resentencing

.
Exhibit 13.3


     CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


The certification set forth below is being submitted in connection with the
Annual Report on December 31, 2003 for the purpose of complying with Rule
13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the
"Exchange Act") and Section 1350 of Chapter 63 of Title 18 of the United States
Code.

Jose Salim Mattar Junior, the Chief Executive Officer, and Roberto Antonio
Mendes, the Principal Financial Officer of Localiza Franchising S.A., each
certifies that, to the best of their respective knowledge:

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 Localiza
     Franchising S.A.


Belo Horizonte, June 29, 2004


                               By:      /s/ Jose Salim Mattar Junior
                                       -----------------------------------------
                                       Name:  Jose Salim Mattar Junior
                                       Title: Chief Executive Officer-President
                                       Date:  June 29, 2004


                               By:      /s/ Roberto Antonio Mendes
                                       -----------------------------------------
                                       Name:  Roberto Antonio Mendes
                                       Title: Principal Financial Officer
                                       Date:  June 29, 2004
[Federal Register Volume 65, Number 209 (Friday, October 27, 2000)]
[Notices]
[Page 64477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27693]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open meeting of Citizen Advocacy Panel, Midwest District

AGENCY: Internal Revenue Service (IRS), Treasury

ACTION: Notice.

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

SUMMARY: A meeting of the Midwest Citizen Advocacy Panel will be held 
in Omaha, Nebraska.

DATES: The meeting will be held Thursday, November 16, 2000, and 
Friday, November 17, 2000.

FOR FURTHER INFORMATION CONTACT: Sandra McQuin at 1-888-912-1227, or 
414-297-1604.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Citizen Advocacy Panel (CAP) will be held 
Thursday, November 16, 2000, from 9:00 a.m. to 4:00 p.m. and Friday, 
November 17, 2000, from 9:00 a.m. to noon at the W Dale Clark Main 
Library, 215 South 15th Street, Omaha, NE 68102. The Citizen Advocacy 
Panel is soliciting public comment, ideas, and suggestions on improving 
customer service at the Internal Revenue Service. Written comments can 
be submitted to the panel by fax to (414) 297-1623, or by mail to 
Citizen Advocacy Panel, Mail Stop 1006 MIL, 310 West Wisconsin Avenue, 
Milwaukee, WI 53203-2221.
    The Agenda will include the following: Reports by the CAP sub-
groups, presentation of taxpayer issues by individual members, 
discussion of issues, and the CAP office report.


    Note: Last minute changes to the agenda are possible and could 
prevent effective advance notice.


    Dated: October 23, 2000.
John J. Mannion,
Program Manager, Taxpayer Advocate Service.
[FR Doc. 00-27693 Filed 10-26-00; 8:45 am]
BILLING CODE 4830-01-P
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-11065

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MIGUEL ANGEL GARCIA-MARTINEZ, also known as Heraclio Garcia 

Martinez,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:13-CR-70-1

Before KING, HAYNES, and HIGGINSON, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Miguel Angel 

Garcia-Martinez has moved for leave to withdraw and has filed a brief in 

accordance with Anders v. California, 386 U.S. 738 (1967), and United States 

v. Flores, 632 F.3d 229 (5th Cir. 2011). Garcia-Martinez has not filed a 

response. We have reviewed counsel’s brief and the relevant portions of the 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 17, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-11065 Document: 00512666544 Page: 1 Date Filed: 06/17/2014
No. 13-11065

record reflected therein. We concur with counsel’s assessment that the appeal 

presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 

motion for leave to withdraw is GRANTED, counsel is excused from further 

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

2

 Case: 13-11065 Document: 00512666544 Page: 2 Date Filed: 06/17/2014
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
10QSB REPORT FOR THE QUARTER AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH 10QSB.
</LEGEND>
<CIK> 0000095898
<NAME> SWISS CHALET , INC.
       
<S>                             <C>
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<SALES>                                      3,796,588
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<EPS-PRIMARY>                                     0.76
<EPS-DILUTED>                                     0.76
        

</TABLE>
# m ' ^ L

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## A STA R ALLIANC': E Marti n Kammemna n Manage r Marke t Analysi s Phone : (312)997-867 7 FAX : (312)997-867 7 E-mail : MarHn.Kammefman@unltecl.co m September? , 201 0 Honorabl e Raymon dLaHoo d Secretar y o f Transportatio n U S Departmen t

o f Transportatio n 120 0 Ne w Jerse y Avenue , S E Washington , D C 2059 0 RE : Docke t

OST-2010-012 4 Proposal o f

Bango r International Airpor

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# o g ^ C 3 Dea r Secretar y LaHood , Unite dAirline s i s please dt o suppor t th e applicatio n o f

Bango r International Airport

for aSmal l Community Ai r Servic e Developmen t

(SCASD ) gran t

aime da t attractin g additiona l ai r

service . Whil e Unite dcan provid e n o assurance s regardin g futur e servic e a

t Bango r Internationa l Airport , th e availability of SCAS D grant

fund s woul dfacto r

positivel y i n ou r

evaluatio n o f

th e market . SCAS D gran t fund s ar e importan t given th e challenge s facin g th e U.S . domesti c airlines , resultin g fromcost s associate dwit h ne w marke t

developmen t an dth e perpetual uncertaint y surroundin g oi l prices . Fo r thes e reasons , Unite dAirline s support s th e SCAS D gran t applicatio n o f

Bango r International Airpor

t an dask s tha t yo u giv e i t favorabl e consideration . Pleas e feel fre e t o contac t me shoul dyo u hav e any questions . Sincerel y Marti n Kammerma

n cc : Aloh aLey Associate Director , Smal l Community Ai r Servic e Developmen t

Progra m

Address : Th e Unite d Building . 7 7 Wes I Wacke i Drive , Chlcogo . I L 6060 1
Presidential Documents

63193

Federal Register

Vol. 65, No. 204

Friday, October 20, 2000

Title 3—

The President

Notice of October 19, 2000

Continuation of Emergency With Respect to Significant

Narcotics Traffickers Centered in Colombia

On October 21, 1995, by Executive Order 12978, I declared a national

emergency to deal with the unusual and extraordinary threat to the national

security, foreign policy, and economy of the United States constituted by

the actions of significant narcotics traffickers centered in Colombia, and

the unparalleled violence, corruption, and harm they cause in the United

States and abroad. The order blocks all property and interests in property

of foreign persons listed in an Annex to the order, as well as persons

determined to play a significant role in international narcotics trafficking

centered in Colombia, to materially assist in, or provide financial or technological support for or goods or services in support of, narcotics trafficking

activities of persons designated in or pursuant to the order, or to be owned

or controlled by, or to act for or on behalf of, persons designated in or

pursuant to the order. The order also prohibits any transaction or dealing

by United States persons or within the United States in such property

or interests in property. Because the activities of significant narcotics traffickers centered in Colombia continue to threaten the national security,

foreign policy, and economy of the United States and to cause unparalleled

violence, corruption, and harm in the United States and abroad, the national

emergency declared on October 21, 1995, and the measures adopted pursuant

thereto to deal with that emergency, must continue in effect beyond October

21, 2000. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency

for 1 year with respect to significant narcotics traffickers centered in Colombia. This notice shall be published in the Federal Register and transmitted

[FR Doc. 00–27250

to the Congress.

THE WHITE HOUSE,

October 19, 2000.

œ–

Filed 10–19–00; 12:30 pm]

Billing code 3195–01–P
<PAGE>
                                                                    Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

     In connection with the quarterly report of Tecumseh Products Company (the
"Company") on Form 10-Q for the period ended September 30, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Form 10-Q"), I,
Todd W. Herrick, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

     (1)  the Form 10-Q fully complies with the requirements of Section 13(a) or
          15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m or
          78o(d)); and

     (2)  the information contained in the Form 10-Q fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.


Dated: November 7, 2005                BY: /s/ TODD W. HERRICK
                                           -------------------------------------
                                           Todd W. Herrick
                                           President and Chief Executive Officer
ex-4.4



 






Exhibit 4.4




Las Vegas Sands Corp.

3355 Las Vegas Boulevard South

Las Vegas, Nevada 89109




March 2, 2006




Securities and Exchange Commission

100 F Street, N.E.

Washington, D.C. 20549




Subject: Annual Report on Form 10-K



In accordance with paragraph (b)(4)(iii) of Item 601 of Regulation S-K, Las Vegas Sands Corp.
(the “Corporation”) has not filed with the Securities and Exchange Commission the (“SEC”) copies of
certain instruments with respect to long-term debt of the Corporation and its subsidiaries, the
total amount of debt authorized under each of which does not exceed 10% of the aggregate assets of
the Corporation and its subsidiaries on a consolidated basis. The Corporation hereby agrees to
furnish to the SEC, upon request, a copy of each instrument which defines the rights of holders of
such long-term debt.




	 	 	 	 	 	 	 
	 	 	Very truly yours,	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Bradley K. Serwin	 	 
	 

	 	 	 	 	 	 
	 

	 	 	 	Bradley K. Serwin	 	 
	 

	 	 	 	General Counsel and Secretary
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ETOYS INC.'S
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REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

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<SALES>                                        151,036
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<EPS-DILUTED>                                   (1.78)


</TABLE>
**Exhibit 23.1**

 

 

 

 

 

 

# **Consent of Independent Auditors**

 

 

 

The Board of Directors

Click2learn, Inc.:

 

We consent to the incorporation by referencein registration statements (Nos. 333-51858, 333-87425, 333-89615, 333-75480 and333-107260) on Form S-3, and registration statements (Nos. 333-68413,333-83759, 333-42822, 333-63916, and 333-97877) on Form S-8 of Click2learn,Inc. and registration statement (No. 333-110535) on Form S-4 of Hockey MergerCorporation of our report dated February 6, 2004, except for Notes 14 and 18,which are as of February 18, 2004, with respect to the consolidated balancesheets of Click2learn, Inc. as of December 31, 2002 and 2003 and the relatedconsolidated statements of operations, stockholders’ equity and comprehensiveloss, and cash flows for each of the years in the three-year period endedDecember 31, 2003 and the related consolidated financial statement schedule,which report appears in the December 31, 2003 annual report on Form 10-K ofClick2learn, Inc.  Our report refers toa change in the method of accounting for goodwill and other intangible assetsas of January 1, 2002.

 

 

 

 

 

Seattle, Washington

March 16, 2004

 

----
#### SMITH v. STATE.

No. 21988.

Court of Criminal Appeals of Texas.

March 18, 1942.

Leroy L. Moore and J. F. Mangum, both of Crockett, for appellant.

Spurgeon E. Bell, State’s Atty., of Austin, for the State.

BEAUCHAMP, Judge.

Appellant was convicted upon a charge that he possessed a certain amount of intoxicating liquor for sale. Officers with a search warrant went on the premises and there found intoxicating liquor in a quantity and under circumstances which would make a prima facie case against appellant and warrant the jury in finding that he possessed the same for sale.

Appellant’s first bill of exception complains of the failure of the court to grant his special requested charge No. 1 submitting to the jury the law of circumstantial evidence. Under the authority of Shaffer v. State, 136 Tex.Cr.R. 142, 124 S.W.2d 143, Bickerstaff v. State, 139 Tex.Cr.R. 69, 139 S.W.2d 110, and authorities there cited, appellant’s contention must be sustained.

The possession of more than one quart of intoxicating liquor by virtue of our statute, Vernon’s Ann.P.C. art. 666 — 23a (2), makes a prima facie case on a charge for possessing liquor for the purpose of sale. This court has frequently held that when the proof of possession is positive, so that reliance is not had upon circumstances to show its possession, a charge on circumstantial evidence is not required. Terry v. State, 101 Tex.Cr.R. 267, 275 S.W. 837; Buchanan v. State, 107 Tex.Cr.R. 559, 298 S.W. 569; Fromm v. State, 118 Tex.Cr.R. 265, 39 S.W.2d 67. While tlie writer is not in position to agree with the reasoning by which this conclusion is reached, it is, nevertheless, the settled holding of this court.

In the case before us the whiskey was found on or near a lot occupied by appellant, the major portion of which was near *73the line, and the evidence of appellant makes the contention that it was on an adjoining lot. Paths in the grass were discovered leading from appellant’s house to the place where the whiskey was found. This was a circumstance sufficient to support the jury’s verdict, but its submission to the jury requires a charge on circumstantial evidence.

Other complaints found in the record will be overruled.

For the error of the court in refusing to submit the law of circumstantial evidence to the jury, the judgment of the trial court is reversed and the cause remanded.
#### DEAN v. STATE.

No. 25793.

Court of Criminal Appeals of Texas.

April 2, 1952.

No attorney on appeal.

George P. Blackburn, State’s Atty., Austin, for the State.

MORRISON, Judge.

The offense is driving while intoxicated as a second offender; the punishment, 45 days in jail.

The record is before us without statement of facts or bills of exception.

All the proceedings appear regular; and nothing being presented for review, the judgment of the trial court is affirmed.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE INTEREST OF A. F. J. and A. K.

R. CHILD REN

,

Appellant

. §

§

§

§

§

§

§ No. 08

- 1 8

- 00 155

- C V

Appeal from the

109 th District Court

of Andrews C ounty, Texas

(TC# 20783 )

O R D E R

In order to protect the identity of the minor child who is t he subject of this appeal, the Court

has determined on its own motion that it is necessary to identify the children by their i nitials, A.

F

. J

. and A. K. R

, and the parent by i nitials as well, in all papers submitted to the Court, including

letters, motions, and briefs. See Tex.R.App.P. 9..8. The Court will also refer to the children a nd

parent by their initials in correspondence, orders, and in its opinion and judgment.

IT IS SO ORDERED this 5 th d ay of September

, 20 1 8

.

PER CURIAM

Before McClure , C.J., R odriguez and Palafox , JJ.
#### WILLIAMS v. STATE.

No. 26345.

Court of Criminal Appeals of Texas.

April 1, 1953.

*409No attorney on appeal.

George P. Blackburn, State’s Atty., Austin, for the State.

BELCHER, Commissioner.

Appellant was convicted for the offense of driving an automobile upon a public highway while intoxicated, and his punishment was assessed at a fine of $100.

The complaint and information, as well as all matters of procedure, appear regular. There being no statement of facts or bills of exception in the record, nothing is presented for review.

The judgment of the trial court is affirmed.

Opinion approved by the Court.