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NOT FOR PUBLICATION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.

FRANCISCO ROSALES-HERNANDEZ,

 Defendant - Appellant.

No. 13-10506

D.C. No. 2:12-cr-01958-SRB

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Susan R. Bolton, District Judge, Presiding

Submitted April 22, 2015** 

Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges. 

Francisco Rosales-Hernandez appeals from the district court’s judgment and

challenges his guilty-plea conviction and 70-month sentence for conspiracy to

transport and harbor illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii), (iii)

and (v)(1); and conspiracy to commit money laundering, in violation of 18 U.S.C.

FILED

APR 27 2015

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. See Fed. R. App. P. 34(a)(2).
§ 1956(h). Pursuant to Anders v. California, 386 U.S. 738 (1967), RosalesHernandez’s counsel has filed a brief stating that there are no grounds for relief,

along with a motion to withdraw as counsel of record. Rosales-Hernandez has

filed a pro se supplemental brief. No answering brief has been filed.

Rosales-Hernandez has waived the right to appeal his conviction and

sentence. Our independent review of the record pursuant to Penson v. Ohio, 488

U.S. 75, 80 (1988), discloses no arguable issue as to the validity of the waiver. See

United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). RosalesHernandez’s contention that the government breached the plea agreement is not

supported by the record because Rosales-Hernandez received the three-level

reduction for acceptance of responsibility that he was promised. Moreover, the

district court did not provide an unqualified advisement that Rosales-Hernandez

retained the right to appeal. See United States v. Arias-Espinosa, 704 F.3d 616,

618-20 (9th Cir. 2012). We accordingly dismiss the appeal. See Watson, 582 F.3d

at 988.

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 13-10506
Exhibit 21

CKRUSH, INC.

List of Subsidiaries

|                                   |  |  |                       |
|-----------------------------------|--|--|-----------------------|
| Name of Subsidiary                |  |  | State of Inauguration |
| Beer League Holdings, LLC         |  |  | Delaware              |
| Ckrush Direct, Inc.               |  |  | Delaware              |
| Ckrush Digital Media Inc.         |  |  | New York              |
| Ckrush Entertainment, Inc.        |  |  | Delaware              |
| Ckrush Sports, Inc                |  |  | Delaware              |
| Identity Films & Company, LLC |  |  | Delaware              |
| LiveMansion: the Movie LLC        |  |  | Nevada                |
| TriSoft Digital Media LLC         |  |  | Florida               |
| TV The Movie Holdings, LLC        |  |  | Delaware              |
|                                   |

----
Exhibit 99.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

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

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, the undersigned certifies that (1) this Annual
report of Cedric Kushner Promotions, Inc. (the "Company") on Form 10-KSB for the
year ended December 31, 2002 as filed with the Securities and Exchange
Commission on the date hereof (this "Report"), fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
as amended, and (2) the information contained in this Report fairly presents, in
all material respects, the financial condition of the Company as of December 31,
2002.





/s/ Cedric Kushner
--------------------------------------------------------
Name: Cedric Kushner
Title: Chief Executive Officer
(Principal Executive Officer)



Date: May 20, 2003
#### Interstate Credit Corporation, Respondent, vs. Ellsworth, Appellant.

*January 8*

April *15, 1941.*

*382For the appellant there was a brief by *Jerome F. Treis,*attorney, and *John S. Barry*of counsel, both of Milwaukee, and oral argument by *Mr. Barry.*

For the respondent there was a brief by *Lester H. Gunsburg,*attorney, and *Poss, Toelle & Schuler*and *Joseph P. Brasy*of counsel, all of Milwaukee, and oral argument by *Mr. Brasy.*

The following opinion was filed February 4, 1941:

Fairchild, J.

Even if we were to assume that the negotiations were between Ellsworth and the Interstate Credit Corporation and that they warrant the claim that this was a loan by the Interstate Credit Corporation tO' Ellsworth, a question which we do not here decide, and that the interest charged was greater than the legal rate, the defense of usury could not be taken advantage of by appellant in the absence of a tender of the principal as required in such cases by sec. 115.08, Stats., which provides:

> “Whenever any person shall apply to any court in this state to be relieved in case of a usurious contract or security, or when any person shall set up the plea of usury in any action instituted against him, such person to be entitled to such relief or the benefit of such plea shall prove a tender of the principal sum of money or thing loaned to the party entitled to receive the same.”

The transactions between the interested parties are not affected by the terms of either sec. 115.09 (9), Stats., or ch. 214, sec. 214.01 *et seq.,*Stats. Those sections are in the nature of small-loans statutes and treat with negotiations leading up to contracts therein described. They regulate loans of lesser amounts than the amount here involved. We *383do not find it necessary at this time to interpret those sections. Loans outside the terms of those statutes, as this one, if it is a loan, certainly is, unquestionably are subject to the rule requiring the debtor to make a tender of the principal sum of money or thing loaned. No such tender was made in this case. Under the evidence the respondent was entitled to take the airplane.

*By the Court.*— Judgment affirmed.

A motion for a rehearing was denied, with $25 costs, on April 15, 1941.
<TABLE> <S> <C>


        <S> <C>

<PAGE>

<ARTICLE>5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE REGISTRANT'S FORM 10-KSB AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>1

<S>                                                      <C>
<PERIOD-TYPE>                                            YEAR
<FISCAL-YEAR-END>                                        DEC-31-1999
<PERIOD-START>                                           JAN-01-1998
<PERIOD-END>                                             DEC-31-1999
<CASH>                                                   13,837
<SECURITIES>                                             0
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                         13,837
<PP&E>                                                   0
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                           5,167,337
<CURRENT-LIABILITIES>                                    472,581
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              11
<COMMON>                                                 18,892
<OTHER-SE>                                               4,694,756
<TOTAL-LIABILITY-AND-EQUITY>                             5,167,337
<SALES>                                                  0
<TOTAL-REVENUES>                                         18,708
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                         1,140,124
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       28,012
<INCOME-PRETAX>                                         (1,168,136)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                     (1,168,136)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                            (1,168,136)
<EPS-BASIC>                                           (.15)
<EPS-DILUTED>                                           (.15)



</TABLE>
EXHIBIT 99.5
                                                                    ------------

[LOGO OF PRICEWATERHOUSECOOPERS]
--------------------------------------------------------------------------------

                                          PRICEWATERHOUSECOOPERS LLP
                                          Beneficial Life Tower, Suite 1700
                                          36 S. State St.
                                          Salt Lake City UT 84111
                                          Telephone (801) 531 9666
                                          Facsimile (801) 933-8106


To the Board of Directors
of Franklin Capital Corporation as Servicer,
The Chase Manhattan Bank as indenture  trustee
under the Indenture  dated December 1, 2001 and
Bankers Trust  (Delaware) as owner trustee under
the Trust  Agreement  dated December  1, 2001  related to
the 2.10%,  2.79%,  3.77% and 4.55%  Asset  Backed Notes:


We have examined management's assertion, included in the accompanying management
assertion that Franklin  Capital  Corporation  ("FCC") complied with the minimum
servicing standards  identified in the Mortgage Bankers Association of America's
UNIFORM  SINGLE  ATTESTATION  PROGRAM FOR MORTGAGE  BANKERS,  to the extent such
procedures are applicable,  in connection with the Sale and Servicing  Agreement
dated as of  December  1,  2001,  during  the year  ended  September  30,  2003.
Management is  responsible  for FCC's  compliance  with those minimum  servicing
standards. Our responsibility is to express an opinion on management's assertion
about FCC's compliance based on our examination.

Our  examination  was  conducted  in  accordance  with   attestation   standards
established  by the  American  Institute of Certified  Public  Accountants  and,
accordingly,   included  examining,  on  a  test  basis,  evidence  about  FCC's
compliance  with the  minimum  servicing  standards  and  performing  such other
procedures as we considered necessary in the circumstances.  We believe that our
examination  provides a reasonable  basis for our opinion.  Our examination does
not provide legal  determination of FCC's compliance with the minimum  servicing
standards.

In our opinion, management's assertion that FCC complied with the aforementioned
minimum  servicing  standards during the year ended September 30, 2003 is fairly
stated, in all material respects.


/s/ PRICEWATERHOUSECOOPERS LLP


November 7, 2003
<PAGE>

                                                                    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 Annual Report of Loudeye Corp. (the "Company") on
Form 10-K for the year ended December 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Michael A. Brochu,
Chief Executive Officer and President 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 results of operations of the
Company as of the date of the financial statements contained therein.



       /s/ Michael A. Brochu
-------------------------------------
Michael A. Brochu
Chief Executive Officer and President
March 31, 2005

* A signed original of this written statement required by Section 906 has been
provided to Loudeye Corp. and will be retained by Loudeye Corp. and furnished to
the Securities and Exchange Commission or its staff upon request.
**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**





We
      consent to the incorporation by reference in Registration Statement No.
      333-68163 of Clark, Inc. on Form S-8, in Registration Statement No. 333-68982
      of
      Clark, Inc. on Form S-8, in Registration Statement No. 333-46104 of Clark,
      Inc.
      on Form S-3, in Registration Statement No. 333-106538 on Form S-8 and in
      Registration Statement No. 333-72232 of Clark, Inc. on Form S-3 of our report
      dated March 2, 2005, relating to the financial statements of Clark, Inc. as
      of
      December 31, 2004 and for each of the two years in the period ended December
      31,
      2004 appearing in the Annual Report on Form 10-K of Clark, Inc. for the year
      ended December 31, 2005.








Chicago,
      Illinois




February
      27, 2006
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________
No. 95-60646 Summary Calendar

_____________________

BRYCE DALLAS,

Plaintiff-Appellant,

versus

COPIAH COUNTY BOARD OF SUPERVISORS; TOMMY JACKSON; KENNETH McLENDON, Sheriff of Copiah County; MELVIN CHANDLER, Jail Administrator; JOE DOE, Present Jail Administrator; ERVIN KELLY, Member of the Copiah County Board of Supervisors; TONY SMITH, Member of the Copiah County Board of Supervisors; JOHN M. HALL, Member of the Copiah County Board of Supervisors; WINFRED HAMMOCK, Member of the Copiah County Board of Supervisors,

Defendants-Appellees.

_________________________________________________________________ Appeal from the United States District Court for the

Southern District of Mississippi USDC No. 3:92-CV-661-BN

_________________________________________________________________ October 13, 1997 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM: *

Bryce Dallas appea ls the district court’s judgment for the

defendants in his civil rights suit. He argues that his conditions-2-

of confin ement in a county jail were unconstitutional, that the

jail failed to protect him from attacks by other inmates, and that

he was denied adequate medical care. We have reviewed the record

and AFFIRM the district court’s dismissal for essentially the same
reasons set forth by the district court. Dallas v. Copiah County

Bd. of Supervisors
, No. 3:92-CV-661-BN (S.D. Miss. Sept. 29, 1995).

A F F I R M E D.
<PAGE>
                                                                      Exhibit 32

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


I, Richard A. Karp, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
Report of Catapult Communications Corporation on Form 10-K for the fiscal year
ended September 30, 2004 fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and that information contained
in such Annual Report on Form 10-K fairly presents in all material respects the
financial condition and results of operations of Catapult Communications
Corporation.





                                          By:  /s/ RICHARD A. KARP
                                          -----------------------------------
                                          Name: Richard A. Karp
                                          Title:   Chief Executive Officer

I, Christopher A. Stephenson, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Annual Report of Catapult Communications Corporation on Form 10-K for the fiscal
year ended September 30, 2004 fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and that information
contained in such Annual Report on Form 10-K fairly presents in all material
respects the financial condition and results of operations of Catapult
Communications Corporation.



                                          By:  /s/ CHRISTOPHER A. STEPHENSON
                                          -----------------------------------
                                          Name: Christopher A. Stephenson
                                          Title:   Chief Financial Officer
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-21,005-02, WR-21,005-03, WR-21,005-04, & WR-21,005-05

EX PARTE LESTER LEROY BOWER, JR.

REGARDING THE APPLICATIONS FOR WRITS OF HABEAS CORPUS FROM

CAUSE NOS. 33426, 33427, 33428, AND 33429

IN THE 15 JUDICIAL DISTRICT COURT

TH

GRAYSON COUNTY

Per curiam.

O R D E R

We have before us an “Unopposed Motion to Grant Access to Records” filed by an

assistant attorney general regarding the writ record in these cases. Certain documents in

this record were previously sealed by other courts and this Court. Due to the existence

throughout the record of sensitive information and sealed documents that were not

properly sealed below, this Court subsequently sealed the entire record in these cases. See

TEX. R. APP. P. Rule 9.10.

Applicant is currently scheduled for execution on June 3, 2015. Counsel for the
Bower - 2

State has requested that we “allow transmittal to and use of the records” by the Office of

General Counsel for the Governor of the State of Texas in order to evaluate applicant for

executive clemency or a thirty-day reprieve.

We grant the State’s motion to allow a representative of the Office of General

Counsel for the Governor of the State of Texas access to the record for use in evaluating

applicant for clemency or reprieve. Counsel or a designated representative of the

Governor’s Office of General Counsel may review and/or copy any portion of the record,

including sealed documents.

The record and all previously sealed documents shall remain sealed, and counsel

and the designated representative will maintain the confidentiality of the record and will

not release any portion of the record to the public. The motion requesting access and this

order shall not be sealed.

IT IS SO ORDERED THIS THE 30 DAY OF APRIL, 2015.

TH

Do Not Publish
Exhibit 10.19.4
 EXPLANATORY NOTE: **REDACTED** INDICATES THE TWO-PAGE
PORTION OF THIS EXHIBIT THAT HAS BEEN OMITTED AND SEPARATELY
FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT
TO A REQUEST FOR CONFIDENTIAL TREATMENT
 AMENDMENT #9 TO CONTRACT NO. 0652 BETWEEN
GEORGIA DEPARTMENT OF COMMUNITY HEALTH AND
AMERIGROUP GEORGIA MANAGED CARE COMPANY, INC.
  WHEREAS,
 WHEREAS,
 WHEREAS,
 WHEREAS, Section 32.0, Amendments in Writing ,
 NOW THEREFORE,
 I.
    
    Upon receiving written notice from CMS indicating that
agencys approval of the revised capitation rates, the parties
shall delete the current Attachment H,Capitation Payment, in its
entirety and replace it with the new Attachment H, Capitation
Paymentcontained at Exhibit 1 to this Amendment.
 II.
    
    DCH and Contractor agree that they have assumed an
obligation to perform the
covenants, agreements, duties and obligations of the Contract, as
modified and amended herein, and agree to abide by all the
provisions, terms and conditions contained in the Contract as
modified and amended.
 III.
    
    This Amendment shall be binding and inure to the benefit
of the parties hereto, their




---



##### 



heirs, representatives, successors and assigns. Whenever the provisions
of this Amendment and the Contract are in conflict, the provisions
of this Amendment shall take precedence and control.
 IV.
    
    It is understood by the Parties hereto that, if any part,
term, or provision of this Amendment or this entire Amendment is
held to be illegal or in conflict with any law of this State, then
DCH, at its sole option, may enforce the remaining unaffected
portions or provisions of this Amendment or of the Contract and the
rights and obligations of the parties shall be construed and
enforced as if the Contract or Amendment did not contain the
particular part, term or provision held to be invalid.V.
    
    This Amendment shall become effective as stated herein and
shall remain effective for so long as the Contract is in effect.VI.
    
    This Amendment shall be construed in accordance with the
laws of the State of Georgia.VIII.
    
    All other terms and conditions contained in the Contract
and any amendment thereto, not amended by this Amendment, shall
remain in full force and effect.
 - SIGNATURES ON THE FOLLOWING PAGE-




---



##### 



SIGNATURE PAGE
 IN WITNESS WHEREOF
 GEORGIA DEPARTMENT OF COMMUNITY HEALTH/s/ Clyde L. Reese, III
    
    9/23/10Clyde L. Reese, III, Esq. Commissioner
    
    Date/s/ Jerry Dubberly
    
    9/23/10Jerry Dubberly, Medicaid Division Chief
    
    DateAMERIGROUPBY:
    
    /s/ Tunde Sotunde, M.D.
    
    09/16/2010*SIGNATURE
    
    DateTunde Sotunde, M.D.Please Print/Type Name Here
 AFFIX CORPORATE SEAL HERE(Corporations without a
seal, attach a
Certificate of Corporate
Resolution)
 ATTEST:
    
    /s/ Nicholas J. Pace**SIGNATUREDirector, Vice President and SecretaryTITLE
 
 *
    
    Must be President, Vice President, CEO or Other Authorized Officer**
    
    Must be Corporate Secretary




---



##### 



EXHIBIT 1
 ATTACHMENT H
   **REDACTED**
# STATEOFLOUISIANA COURTOFAPPEAL,FIRSTCIRCUIT

LAW INDUSTRIES, LLC VERSUS STATE OF LOUISIANA, DEPARTMENT OF EDUCATION, RECOVERY SCHOOL DISTRICTAND ADVANCED ENVIRONMENTAL CONSULTING, INC. NO. 2024 CW 0051



### APRIL 18, 2024

In Re: Advanced Environmental Consulting, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East BatonRouge, No. 676874.
BEFORE: HESTER, MILLER, AND GREENE, JJ. WRIT GRANTED. The portion of the district court's December 13, 2023 judgment which granted the motion for summary judgment as to the Louisiana Department of Environmental Quality is reversed. Third party plaintiff, Advanced Environmental Consulting, Inc., has produced factual support sufficient to establish the existence of a genuine issue of material fact. The motion for summary judgment filed by the Louisiana Department of Environmental Qualityis denied.

COURT OFAPPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT CHH SMM HG