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NOT FOR PUBLICATION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.

MICHAEL RIVERA DELGADO, AKA Player,

Defendant

- Appellant. No. 21

- 50059

D.C. No. 8:19

- cr

- 00167

- DOC

- 5

MEMORANDUM *

Appeal from the United States District Court

for the Central District of California David O. Carter, District Judge, Presiding

Submitted February 15, 2022 * *

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

Michael Rivera Delgado appeals from the district court’s judgment and

challenges the 110

- month sentence imposed following his guilty

- plea conviction

for engaging in the business of dealing in firearms without a license and aidin g and

abetting

, in violation of 18 U.S.C. §§ 2(a), 922(a)(1)(A), and being a felon in

* 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

FEB 28 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 21

- 50059

possession of firearms and ammunition

, in violation of 18 U.S.C. § 922(g)(1). We

have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Delgado contends that the dist rict court erred by treating his prior state

conviction for making a criminal threat under California Penal Code § 422 as a

crime of violence under U.S.S.G. §§ 2K2.1 and 4B1.2(a). Delgado’s argument is

foreclosed by United States v. Villavicencio

- Burruel

, 608 F.3d 556, 56 3 (9th Cir.

2010 )

. Contrary to Delgado’s assertion, we are bound by Villa vi cencio

- Burruel

,

which remains good law. See Miller v. Gammie , 335 F.3d 889, 900 (9th Cir. 2003)

(en banc) ( holding that a three

- judge panel is bound by circuit precedent unless that

precedent is “clearly irreconcilable” with intervening higher authority); Arellano

Hernandez v. Lynch , 831 F.3d 1127, 113 1 (9th Cir. 2016) ( rejecting argument that

Villavicencio

- Burruel is no longer valid and stating that the decision “remains the

law of this circuit” )

.

AFFIRMED.
US ONCOLOGY HOLDINGS, INC. AND US ONCOLOGY, INC.

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 US Oncology Holdings, Inc. and US Oncology, Inc. (the Company) on Form 10-Q for the period ended September 30, 2010 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Bruce D. Broussard, 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 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.



|                                                                           
|---------------------------------------------------------------------------
|/s/ Bruce D. Broussard                                                     
|Bruce D. Broussard                                                         
|Chief Executive Officer of US Oncology Holdings, Inc. and US Oncology, Inc.
|                                                                           
|November 5, 2010                                                           



-75-
Exhibit 32.2

CERTIFICATE OF CHIEF FINANCIAL OFFICER

This Certificate is being delivered pursuant to the
requirements of Section 1350 of Chapter 63 (Mail Fraud) of Title 18 (Crimes and Criminal Procedures) of the United States Code and shall not be relied on by any person for any other purpose.

I, Mary Jo Rogers,, hereby certify as follows:

The Quarterly Report on Form 10-Q (the Report) of CCF Holding Company (the issuer), which accompanies this Certificate, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange
Act of 1934, and all information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the issuer.

Dated this 14th day of August, 2008.



/s/ Mary Jo RogersMary Jo Rogers, Senior Vice President andChief Financial Officer


A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002
has been provided to the issuer and will be retained by the issuer and furnished to the Securities and Exchange Commission or its staff upon request.



19
Exhibit 32.1


                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of PACE Health Management Systems, Inc.
(the "Company") on Form 10-QSB for the period ended June 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
John Pappajohn, Director and Acting Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to Section 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 results of operations of
         the Company.




                                         /s/ John Pappajohn
                                         ------------------------------------
                                         John Pappajohn
                                         Director and Acting CEO

August 12, 2003















                                       12
# Official Journal C 61/14 M

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 61 |
| | |
| English edition | Information and Notices | Volume 4914 March 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 61

English edition

Information and Notices

Volume 4914 March 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 061/1 | Euro exchange rates | 1 |
| 2006/C 061/2 | Communication from the Commission pursuant to Article 4 of Directive 2000/84/EC of the European Parliament and of the Council of 19 January 2001 on summer-time arrangements | 2 |
| 2006/C 061/3 | Commission communication in the framework of the implementation of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (1) | 3 |

Notice No

Contents

page

I   Information

Commission

2006/C 061/1

Euro exchange rates

1

2006/C 061/2

Communication from the Commission pursuant to Article 4 of Directive 2000/84/EC of the European Parliament and of the Council of 19 January 2001 on summer-time arrangements

2

2006/C 061/3

Commission communication in the framework of the implementation of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (1)

3

---

| | III   Notices |
| --- | --- |
| | Cedefop |
| 2006/C 061/4 | Call for proposals — ref: GP/D/ReferNet/001/06 — ReferNet — European Network of Reference and Expertise in VET | 4 |

III   Notices

Cedefop

2006/C 061/4

Call for proposals — ref: GP/D/ReferNet/001/06 — ReferNet — European Network of Reference and Expertise in VET

4

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
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.                  

###### Department of State

          - Public Notice #3468] 

      ( print page 70629)    
The U.S. Advisory Commission on Public Diplomacy, reauthorized pursuant to Public Law 106-113 (H.R. 3194, Consolidated Appropriations Act, 2000), will meet on Tuesday, December 12, 2000 in Room 600, 301 4th St., SW, Washington, DC, from 9:30 a.m. to 12 noon. 

The Commission will discuss follow-up to its report, the Smith-Mundt Act, plans for a trip to the Far East, and U.S. government exchanges. 

Members of the general public may attend the meeting, though attendance of public members will be limited to the seating available. Access to the building is controlled, and individual building passes are required for all attendees. Persons who plan to attend should contact David J. Kramer, Executive Director, at (202) 619-4463. 

Dated: November 15, 2000. 

David J. Kramer, 

Executive Director, U.S. Advisory Commission on Public Diplomacy. 

[FR Doc. 00-30021 Filed 11-22-00; 8:45 am] 

BILLING CODE 4710-11-U
#### WALDROP v. STATE.

No. 22831.

Court of Criminal Appeals of Texas.

April 26, 1944.

J. T. Kelley, M. P. McCoy, and Leo C. Brady, all of Houston, for appellant.

Ernest S. Goens, State’s Atty., of Austin, for the State.

BEAUCHAMP, Judge.

The appeal is from a life sentence in the penitentiary upon a conviction for murder.

The record is before us without bills of exception and no objections were made to the court’s charge. There is quite a conflict in the testimony given by the State’s witnesses who viewed the murder and the one who testified in behalf of the defendant. However, his own witness testified to nothing that would reasonably excuse the homicide. The evidence, from the standpoint of the State, amply sustains the jury verdict in that it pictures an inexcusable and persistent attack by the appellant in which three serious wounds were inflicted with a knife which produced death in a very few minutes. The appellant pursued his victim several feet across a driveway and stabbed him after he had fallen on some sacks of potatoes. While no contention is made that the evidence is insufficient, appellant has filed a brief in which he lists four "points” upon which he asks for reversal of the case. It has been so frequently held by this court that complaint about the admission of testimony may not be made for the first time before this court, that we do not deem it necessary to cite authority for the holding that such complaints can come only by bills of exception. “Points” have no point in criminal procedure.

For the reasons stated, the judgment of the trial court is affirmed.
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeals of -- ) 

) 

CB&I Federal Services LLC, f/k/a Shaw ) 

Environmental & Infrastructure, Inc. ) 

) 

Under Contract No. W9128F-08-D-0009 ) 

APPEARANCES FOR THE APPELLANT: 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA Nos. 58662, 58694 

Steven M. Masiello, Esq. 

Shaun C. Kennedy, Esq. 

McKenna Long & Aldridge LLP 

Denver, CO 

Thomas H. Gourlay, Jr., Esq. 

Engineer Chief Trial Attorney 

Jam es M. Pakiz, Esq. 

Stanley E. Tracey, Esq. 

Assistant District Counsel 

U.S. Army Engineer District, Omaha 

ORDER OF DISMISSAL 

The parties settled their disputes through mediation. Accordingly, the appeals 

are dismissed with prejudice. 

Dated: 11 March 2015 

Administrative Judge 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Order of Dismissal of the 

Armed Services Board of Contract Appeals in ASBCA Nos. 58662, 58694, Appeals of 

CB&I Federal Services LLC, f/k/a Shaw Environmental & Infrastructure, Inc., 

rendered in conformance with the Board's Charter. 

Dated: 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
# AGENCY:

Food and Drug Administration, HHS. 

# ACTION:

Notice. 

# SUMMARY:

The Food and Drug Administration (FDA) is announcing that a collection of information entitled “Current Good Manufacturing Practices for Blood and Blood Components; Notification of Consignees Receiving Blood and Blood Components at Increased Risk for Transmitting HIV Infection” has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. 

# FOR FURTHER INFORMATION CONTACT:

JonnaLynn P. Capezzuto, Office of Information Resources Management (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659. 

# SUPPLEMENTARY INFORMATION:

                    In the                     **Federal Register**                     of November 4, 1999 (64 FR 60212), the agency announced that the proposed information collection had been submitted to OMB for review and clearance under 44 U.S.C. 3507. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has now approved the information collection and has assigned OMB control number 0910-0336. The approval expires on January 31, 2003. A copy of the supporting statement for this information collection is available on the Internet at http://www.fda.gov/​ohrms/​dockets.                 

Dated: February 3, 2000. 

William K. Hubbard, 

Senior Associate Commissioner for Policy, Planning, and Legislation. 

[FR Doc. 00-3013 Filed 2-9-00; 8:45 am] 

BILLING CODE 4160-01-F
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

Larry Webb, Appellant

No. 06

- 17

- 00066

- CR v.
The State of Texas, Appellee Appeal from the 5th District Court of Bowie County, Texas (Tr. Ct. No. 15

- F

- 0870

- 005 ). Opinion delivered by Justice Moseley, Chief Justice Morriss and Justice Burgess participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court

below

. We affirm the judgment of the trial court. We note that the appellant, Larry Webb, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED FEBRUARY 22, 2018 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Cl erk
Exhibit 10.83


 





August 31, 2015


 


Karlheinz Goehl-Medizintechnik Göhl


Noerdlinger Weg 3


65931 Frankfurt, Germany


Attn: Charly Goehl, CEO


 


		Re:	Extension of Term of the International Distribution Agreement



 


Dear Mr. Goehl:


 


The purpose of this
letter is to confirm the extension of the term of, and changes to the Territory as defined in, the International Distribution Agreement
entered into between IsoRay Medical, Inc., a Delaware corporation (“IsoRay”), and Karlheinz Goehl-Medizintechnik Göhl
(“Distributor”), dated as of October 31, 2011 (collectively, the “Agreement”).


 


Under the Agreement,
the Agreement’s current term, as extended by letter agreement dated August 28, 2014, expires on August 31, 2015. IsoRay and
Distributor now agree to extend the term to August 31, 2016.


 


IsoRay and Distributor
also agree to replace Section 1.1 of the Agreement with the following: “Territory” shall include all of and
be limited to Germany, Austria, Switzerland and Luxembourg.


 


Except as set forth
herein, all terms and conditions of the Agreement, as amended in the letter agreement dated August 28, 2014, shall remain in full
force and effect. Each party hereto hereby expressly ratifies and affirms all such terms and conditions as of the effective date
hereof.


 


IsoRay and Distributor
each represent and acknowledge that it has the power and authority to enter into this letter. This letter may be executed in any
number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.


 


IsoRay Medical, Inc.


 


	By	/s/ Dwight Babcock	 
	 	Dwight Babcock, CEO

         
	 
	 	 	 




     

     


    

  





 


The foregoing is accepted and agreed to on and as of the date
first shown above.


 


Karlheinz Goehl-Medizintechnik Göhl


 


	By	/s/ Charly Goehl	 
	 	Charly Goehl, CEO
IV

103D CONGRESS

2D SESSION H. CON. RES. 198

Providing for an adjournment of the House from Wednesday, January 26,

1994 to Tuesday, February 1, 1994.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1994

Mr. GEPHARDT submitted the following concurrent resolution; which was

considered and agreed to

CONCURRENT RESOLUTION

Providing for an adjournment of the House from Wednesday,

January 26, 1994 to Tuesday, February 1, 1994.

1 Resolved by the House of Representatives (the Senate

2 concurring), That when the House adjourns on Wednes3 day, January 26, 1994, it stand adjourned until noon on

4 Tuesday, February 1, 1994.

Æ
IA

103D CONGRESS

1ST SESSION H. J. RES. 56

Proposing an amendment to the Constitution of the United States providing

that, except in cases of national emergency, expenditures of the United

States Government in any fiscal year shall not exceed its revenues for

that fiscal year.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. NEAL of North Carolina introduced the following joint resolution; which

was referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United

States providing that, except in cases of national emergency, expenditures of the United States Government

in any fiscal year shall not exceed its revenues for that

fiscal year.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, to be valid only if ratified

6 by the legislatures of three-fourths of the several States
2

HJ 56 IH

1 within seven years after the date of the final passage of

2 this joint resolution:

3 ‘‘ARTICLE —

4 ‘‘SECTION 1. Except in cases of national emergency,

5 as determined by a three-fifths vote of the Congress, ex6 penditures of the United States Government in any fiscal

7 year shall not exceed its revenues for that fiscal year.

8 ‘‘SECTION 2. The Congress shall have power to en9 force this article by appropriate legislation.’’.

Æ
Exhibit 32.1



PlanVista Corporation



Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350



CERTIFICATION OF PERIODIC REPORT



I, Phillip S. Dingle, Chairman and Chief Executive Officer of PlanVista Corporation (the
Company), and I, Bennett Marks, Executive Vice President and Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



(1)     The Quarterly Report on Form 10-Q of the Company for the
quarterly period ended June 30, 2003 (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 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.



A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.





|Dated:    November 21, 2003 |  | /s/ Phillip S. Dingle               
|--------------------------- |  | ------------------------------------
|                            |  | Phillip S. Dingle                   
|                            |  | Chairman and Chief Executive Officer





|Dated:    November 21, 2003 |  | /s/ Bennett Marks                                   
|--------------------------- |  | ----------------------------------------------------
|                            |  | Bennett Marks                                       
|                            |  | Executive Vice President and Chief Financial Officer