alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ALBERTO VILLAREAL-VALDEZ, Petitioner,
v. ERIC H. HOLDER JR., Attorney General, Respondent. No. 10-71059 Agency No. A079-380-221
MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 17, 2014 ** San Francisco, California Before: O’SCANNLAIN, GRABER, and NGUYEN, Circuit Judges. Petitioner Alberto Villareal-Valdez petitions for review of the Board of Immigration Appeals’ ("BIA") dismissal of his appeal from an immigration judge’s ("IJ") entry of a final order of removal. We deny the petition. 

# FILED
JAN 22 2014 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* 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. Fed. R. App. P. 34(a)(2).1. Substantial evidence supports the BIA’s and IJ’s finding that there is "reason to believe" that Petitioner "is or has been an illicit trafficker" in a controlled substance. 8 U.S.C. § 1182(a)(2)(C)(i); see Lopez-Molina v. Ashcroft , 368 F.3d 1206, 1211 (9th Cir. 2004) (holding that we review for substantial evidence). Petitioner admits that he gave an undercover officer a bag of marijuana and received $20 from the officer. The BI A and IJ were not required to believe that his possession and transfer were i nnocent. "While a generous fact-finder might have believed [Petitioner’s] version of the facts, both the BIA and IJ were clearly within reason on these facts and circumstances to conclude otherwise." Alarcon-Serrano v. INS , 220 F.3d 1116, 1120 (9th Cir. 2000). 2. Petitioner’s due process argument fails because he cannot show prejudice. SeeLata v. INS , 204 F.3d 1241, 1246 (9th Cir. 2000) ("To prevail on a due process challenge to deportation pr oceedings, Lata must show error and substantial prejudice."). Petition DENIED.

2
Exhibit 32.2



                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       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 Berthel Growth & Income Trust I (the
"Company") on Form 10-Q for the period ending June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Ronald
O. Brendengen, Chief Financial Officer of Berthel Fisher & Company Planning,
Inc., the Trust Advisor 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 Company's 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.


August 3, 2004                          /s/ Ronald O. Brendengen
                                         Chief Financial Officer
                                         Berthel Fisher & Company Planning, Inc.
                                         Trust Advisor
                                         Berthel Growth & Income Trust I
II 

113TH CONGRESS 

2D SESSION H. R. 3608 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2014 

Received 

AN ACT 

To amend the Act of October 19, 1973, concerning taxable 

income to members of the Grand Portage Band of Lake 

Superior Chippewa Indians. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


emcdonald on DSK67QTVN1PROD with BILLS
2 

HR 3608 RDS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Grand Portage Band 

3 Per Capita Adjustment Act’’. 

4 SEC. 2. EQUAL TREATMENT OF CERTAIN PER CAPITA IN5 COME FOR PURPOSES OF FEDERAL ASSIST6 ANCE. 

7 Paragraph (4) of section 7 of the Act of October 19, 

8 1973 (25 U.S.C. 1407(4)) is amended by striking ‘‘pursu9 ant to the agreements of such Band’’ and inserting ‘‘or 

10 the Grand Portage Band of Lake Superior Chippewa Indi11 ans, or both, pursuant to the agreements of each Band’’. 

Passed the House of Representatives November 17, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


emcdonald on DSK67QTVN1PROD with BILLS
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 41150 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
RUBEN LOPEZ

- LARA , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:12

- CR

- 903

- 1

Before ELROD, SOUTHWICK , and GRAVES , Circuit Judges. PER CURIAM: *
The attorney appointed to represent Ruben Lopez

- Lara 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 , 63 2 F.3d 229 (5th Cir. 2011). Lopez

- Lara has filed a response. The record is not sufficiently developed to
allow us to make a fair evaluation of Lopez

- Lara ’s claims of ine ffective assistance of counsel; we therefore decline to consider the claims w ithout

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 10, 2015

Lyle W. Cayce Clerk Case: 14-41150 Document: 00513147427 Page: 1 Date Filed: 08/10/2015No. 14

- 41150

2 prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir.), cert. denied , 135 S. Ct. 123 ( 201 4). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Lopez

- Lara ’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DIS MISSED. See
5 TH C IR

. R . 42.2. Case: 14-41150 Document: 00513147427 Page: 2 Date Filed: 08/10/2015
[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Notices]
[Pages 65845-65846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28261]


=======================================================================
-----------------------------------------------------------------------

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comments on Cambodian Labor Law and Standards 
Pursuant to the U.S.-Cambodia Bilateral Textile Agreement

October 31, 2000.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Notice concerning Cambodian labor law and standards.

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

FOR FURTHER INFORMATION CONTACT: Roy Unger, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-4212. For information on categories for which 
consultations have been requested, call (202) 482-3740.

SUPPLEMENTARY INFORMATION:

    Authority: Section 204 of the Agricultural Act of 1956, as 
amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as 
amended.
    A notice and letter to the Commissioner of Customs published in the 
Federal Register on February 8, 1999 (see 64 FR 6050) outlined the 
bilateral textile agreement of January 20, 1999 in which the 
Governments of the United States and Cambodia agreed to

[[Page 65846]]

limits for certain cotton, wool and man-made fiber textile products, 
produced or manufactured in Cambodia and exported to the United States 
during three one-year periods beginning on January 1, 1999 and 
extending through December 31, 2001.
    Pursuant to the bilateral textile agreement, the United States must 
make a determination by December 1, 2000 as to whether working 
conditions in the Cambodian textile and apparel sector substantially 
comply with Cambodian labor law and internationally recognized core 
labor standards. If the United States makes a positive determination, 
textile and apparel specific limits will be increased for the 
subsequent agreement year.
    Anyone wishing to comment or provide data or information regarding 
this matter is invited to submit 10 copies of such comments or 
information to Richard B. Steinkamp, Acting Chairman, Committee for the 
Implementation of Textile Agreements, U.S. Department of Commerce, 
Washington, DC 20230; ATTN: Becky Geiger. The deadline for receipt of 
comments is November 15, 2000.
    Comments or information submitted in response to this notice will 
be available for public inspection in the Office of Textiles and 
Apparel, room H3100, U.S. Department of Commerce, 14th and Constitution 
Avenue, NW., Washington, DC.
    The solicitation of comments is not a waiver in any respect of the 
exemption to the rulemaking provisions contained in 5 U.S.C.553(a)(1) 
relating to matters which constitute ``a foreign affairs function of 
the United States.''

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 00-28261 Filed 10-31-00; 12:39 pm]
BILLING CODE 3510-DR-F
UNITED STATES COURT OF APPEALS FIFTH CIRCUIT

_________________
No. 99-41451

(Summary Calendar)

_________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOHNNY JAMES MONSEVAIZ,

Defendant-Appellant.

Appeal from the United States District Court For the Southern District of Texas USDC No. C-97-CR-211-1

_________________
No. 99-41452

(Summary Calendar)

_________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,* Pursuant to 5 TH C IR

. R. 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limit ed circumstances set forth in 5 TH C IR

. R. 47.5.4.

-2- versus

JOHNNY JAMES MONSEVAIZ,

Defendant-Appellant.

Appeal from the United States District Court For the Southern District of Texas USDC No. C-97-CR-269-1

December 6, 2000

Before EMILIO M. GARZA, STEWART, and PARKER, Circuit Judges.

PER CURIAM: *

Grant Jones, the attorney ap po int ed to represent Johnny James Monsevaiz, has moved for

leave to withdraw from the appea l of Monsevaiz’s conviction for being a felon in possession of a

firearm, in violation of 18 U.S.C. § 922(g)(1) and 924(a)(2), being a convicted felon in possession

of ammunition, in violation of 18 U.S.C. § 922(g)(1) and 924(a)(2), and failure to appear, in violation

of 18 U.S.C. § 3146(a)(1) and 1346(b)(1)(A)(ii). Pursuant to Anders v. California

, 386 U.S. 738

(1967), Jones has filed a brief stating that he finds no meritorious issues for review; Monsevaiz was

noti fied of counsel’s motion and brief and filed a response. Both counsel’s brief and our own

independent review of the record show that there are no nonfrivolous issues for appeal. Monsevaiz’s

contention that a Government witness was coerced to commit perj ury was not presented to the

district court. An issue raised for the first time on appeal is not amenable to consideration by this-3-

court. S ee Leverette v. Louisville Ladder Co.
, 183 F.3d 339, 342 (5th Cir.), cert. denied, 120 S.Ct.

982 (2000). Even if we were to consider the recantation, there is still adequate physical and

c ircumst ant ial evidence to support the jury’s guilty verdict on all charges. S ee United States v.

Walker , 148 F.3d 518, 523 (5th Cir. 1998).

Consequently, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from

further responsibilities herein, and the appeal is DISMISSED.
**Exhibit 23**

 

**Consent of Independent Registered Public Accounting Firm**

 

The Board of Trustees 

LaSalle Hotel Properties: 

 

We consent to theincorporation by reference in the registration statements on Form S-8 (Nos. 333-125058, 333-104056, 333-86911 and 333-72265) and on Form S-3 (Nos. 333-131384, 333-51476, 333-44872, and 333-76373) of LaSalle Hotel Properties of our reports datedFebruary 22, 2006, with respect to the consolidated balance sheets of LaSalle Hotel Properties as of December 31, 2005 and 2004, and the related consolidated statements of operations, shareholders’ equity and cash flows for each ofthe years in the three-year period ended December 31, 2005, and the related financial statement schedule, management’s assessment of the effectiveness of internal control over financial reporting as of December 31, 2005 and theeffectiveness of internal control over financial reporting as of December 31, 2005, which reports appear in the December 31, 2005 annual report on Form 10-K of LaSalle Hotel Properties. 

 

/s/ KPMG LLP 

 

Chicago, Illinois 

February 22, 2006
Document Headings

                    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.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meetings of the Advisory Panel for Biological Infrastructure (1215):

                        1.                         *Date and Time:*                         November 29—December 1, 2000, 8:30 am—5 pm.                    

*Contact Person:*                         Gerald Selzer, Program Director Biological Instrumentation and Instrument Development, National Science Foundation, Rm. 615, 4201 Wilson Boulevard, Arlington, VA 22230. Telephone (703) 292-8470.                    

                        2.                         *Date and Time:*                         December 13-14, 2000, 8:30 am—5 pm.                    

*Contact Person:*                         Mary McKitrick, Program Director, Biological Research Collections, Division of Biological Infrastructure, 4201 Wilson Boulevard, Room 615, Arlington, VA 22230. Telephone (703) 292-8470.                    

*Place:*                         National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230.                    

*Type of Meetings:*                         Closed.                    

*Purpose of Meetings:*                         To provide advice and recommendations concerning proposals submitted to NSF for financial support.                    

*Agenda:*                         To review and evaluate proposals as part of the selection process for awards.                    

*Reason for Closing:*                         The proposals being reviewed include information of a proprietary or confidential nature, including technical information; financial data, such as salaries; and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.                    

Dated: October 31, 2000.

Karen J. York,

Committee Management Officer.

[FR Doc. 00-28407 Filed 11-3-00; 8:45 am]

BILLING CODE 7555-01-M
<PAGE>   1
                                                                    EXHIBIT 28.1

                                  [LETTERHEAD]
                                     NuVell
                            Financial Services Corp.



March 16, 1998


Dave Plante
Advanta Auto Finance
500 Office Center Drive
Suite 400
Fort Washington, PA 19034

RE:     Servicing Agreement dated March 28, 1996, between Advanta
        Auto Receivables Trust 1997-2 ("Trustee"), and LSI
        Financial Group ("Servicer")

Mr. Plante:

A review of the activities of the Servicer during the preceding calendar year
and of performance under this Agreement has been made under such officer's
supervision and pursuant to Section 7.04(b) of the Servicing Agreement. To the
best of my knowledge, based on such review, the Servicer has fulfilled all its
obligations under this Agreement and has been in compliance with all federal,
state and local laws relating to the servicing and collection of the Auto Loans
and its performance of the Agreement throughout such year.

Sincerely,


Timothy S. Sambrano
President, CEO


c: NuVell FAC General Counsel




                                       13
**EXHIBIT 32.1**

 

**PC MALL, INC.**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350**

**(ASADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)**

 

In connectionwith the Quarterly Report of PC Mall, Inc. (the “Company”) on Form 10-Qfor the fiscal quarter ended September 30, 2008 as filed with theSecurities and Exchange Commission (the “Report”), I, Frank F. Khulusi, ChiefExecutive Officer of the Company, hereby certify as of the date hereof, solelyfor purposes of Title 18, Chapter 63, Section 1350 of the United StatesCode, that to the best of my knowledge:

 

(1)        theReport fully complies with the requirements of Section 13(a) or15(d), as applicable, of the Securities Exchange Act of 1934, and

 

(2)        theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company at the datesand for the periods indicated.

 

ThisCertification has not been, and shall not be deemed, “filed” with theSecurities and Exchange Commission.

 
| November 10,  2008  |
|--------------------------|
|                     |
| /s/ Frank F.  Khulusi    |   |
| Frank F.  Khulusi        |
| Chief  Executive Officer |

 

----
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

BENJAMIN DAVIS, #1734875, §

 §

Petitioner, §

§

v. § No. 3:22-CV-569-X-BK

§

DIRECTOR, TDCJ-CID, §

§

Respondent. §

ORDER ACCEPTING THE FINDINGS, CONCLUSIONS, AND 

RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made findings, conclusions, and a recommendation in 

this case. [Doc. No. 6.] No objections were filed. The Court has reviewed the proposed 

findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS

the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.

The petitioner subsequently filed a document that appears to be styled “Motion to 

Discover.” [Doc. No. 7.] The document is unintelligible. To the extent that it contains any 

objections to the magistrate judge’s report, the Court also finds no error upon de novo review. 

The Court DENIES the motion. 

IT IS SO ORDERED this 10th day of May, 2022.

____________________________________

BRANTLEY STARR

UNITED STATES DISTRICT JUDGE

Case 3:22-cv-00569-X-BK Document 8 Filed 05/10/22 Page 1 of 1 PageID 21
<PAGE>

                                                                    EXHIBIT 10.8

                                    Term Note

$1,308,411.21                                                      July 29, 1999

      ACT Manufacturing, Inc. and CMC Industries, Inc. (collectively the
"Borrowers"), for value received, hereby jointly and severally promise to pay to
the order of National Bank of Canada (the "Lender") at the office of The Chase
Manhattan Bank at One Chase Square, Rochester, New York 14643, for the account
of the Lender, the principal sum of One Million Three Hundred Eight Thousand
Four Hundred Eleven Dollars and 21/100 ($1,308,411.21), in lawful money of the
United States of America and in immediately available funds, on the date(s) and
in the manner provided in the Amended and Restated Credit Agreement described
below. The Borrowers also promise to pay interest on the unpaid principal
balance hereof, for the period such balance is outstanding, at said principal
office for the account of said Lender, in like money, at the rates of interest
as provided in the Amended and Restated Credit Agreement described below, on the
date(s) and in the manner provided in said Amended and Restated Credit
Agreement.

      This is one of the Notes referred to in that certain Amended and Restated
Credit Agreement (as amended from time to time the "Credit Agreement") dated as
of July 29, 1999 among the Borrowers, the Subsidiary Guarantor named therein,
the Lenders named therein (including the Lender), and The Chase Manhattan Bank,
as Agent, and evidences the Term Loans made by the Lender to the Borrowers
thereunder. All terms not defined herein shall have the meanings given to them
in the Credit Agreement.

      The Credit Agreement provides for the acceleration of the maturity of
principal upon the occurrence and during the continuance of certain Events of
Default and for prepayments on the terms and conditions specified therein.

      The Borrowers waive presentment, notice of dishonor, protest and any other
notice or formality with respect to this Note.
<PAGE>

      This Note shall be governed by, and interpreted and construed in
accordance with, the laws of the State of New York.

ATTEST:                                   ACT MANUFACTURING, INC.


By:                                       By:   /s/ Jeffrey B. Lavin
   ------------------------------            -----------------------------------
Name:                                     Name:       Jeffrey B. Lavin
                                          Title:      Chief Financial Officer


ATTEST:                                   CMC INDUSTRIES, INC.


By:                                       By:   /s/ Jeffrey B. Lavin
   ------------------------------            -----------------------------------
                                          Name:       Jeffrey B. Lavin
                                          Title:      Chief Financial Officer