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NOT FOR PUBLICATION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.

JOSE ANTONIO SHUL

- CRUZ, AKA Jose

Antonio Shul,

Defendant

- Appellant. No. 21

- 10272

D.C. No. 2:21

- cr

- 00391

- GMS

- 1

MEMORANDUM *

Appeal from the United States District Court

for the District of Arizona

G. Murray Snow, District Judge, Presiding

Submitted April 11, 2022 * *

Before: McKEOWN , CHRISTEN, and BRESS, Circuit Judges.

Jose Antonio Shul

- Cruz appeals from the district court’s judgment and

challenges his guilty

- plea conviction and 46

- month sentence for reentry of a

removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California

,

386 U.S. 738 (1967), Shul

- Cruz ’ s counsel has filed a brief stating that there are no

* 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

APR 19 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 21

- 10272

grounds for relief, along with a motion to withdraw as counsel of record. We have

provided Shul

- Cruz the opportunity to file a pro se supplemental brief. No pro se

supplemental brief or answering brie f has been filed.

Shul

- Cruz waived his 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). We accordingly dismiss

the appeal. See id. at 988.

Counsel’s motion to withdraw is GRANTED.

DISMISSED.
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION AT DAYTON 

HEATHER KIRK, 

Plaintiff, 

vs. 

COMMISSIONER OF THE SOCIAL 

SECURITY ADMINISTRATION, 

Defendant. 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

Case No. 3:18-cv-186 

Magistrate Judge Sharon L. Ovington 

(by full consent of the parties) 

DECISION AND ENTRY 

This case is before the Court upon Plaintiff’s Motion for Authorization of 

Attorney Fees Pursuant to 42 U.S.C. § 406(b). (Doc. #16). Plaintiff indicated that the 

Commissioner does not oppose this Motion. 

Plaintiff seeks an award of attorney fees under 42 U.S.C. § 406(b)(1) in the total 

amount of $13,375.50. In the absence of opposition by the Commissioner, the Motion 

and supporting exhibits establish that an award of attorney fees is reasonable and 

warranted under 42 U.S.C. § 406(b)(1) in the amount Plaintiff seeks. 

Plaintiff did not request or receive attorney fees under the Equal Access to Justice 

Act. Counsel may not recover attorney fees under both the EAJA and 42 U.S.C. § 406(b) 

for the same work. See Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002). 

IT IS THEREFORE ORDERED THAT: 

1. The Motion for Authorization of Attorney Fees Pursuant to 42 

U.S.C. § 406(b) (Doc. #16) filed by Plaintiff’s attorney is 

Case: 3:18-cv-00186-SLO Doc #: 17 Filed: 05/19/20 Page: 1 of 2 PAGEID #: 811
2 

GRANTED; 

2. The Commissioner shall pay Plaintiff’s attorney fees pursuant 

to 42 U.S.C. § 406(b)(1) in the amount of $13,375.50; and 

3. The case remains terminated on the docket of this Court. 

IT IS SO ORDERED. 

May 19, 2020 s/Sharon L. Ovington 

 Sharon L. Ovington 

 United States Magistrate Judge 

Case: 3:18-cv-00186-SLO Doc #: 17 Filed: 05/19/20 Page: 2 of 2 PAGEID #: 812
Placeholder: confidential business information item 

Arkema CBI Comment on 4-15-11 

For more information please contact David Donaldson by phone at 202-343-9086 or by 

email at donaldson.david@epa.gov.
**MEMORANDUM**

**DATE:** 0 7 / 1 4 /2015 **FROM:** Laura Farris/EPA Region 8 **TO:** Clean Power Plan for Existing Power Plants; Docket Id: OAR– 2013
- 0602 **SUBJECT:** Vail Symposium on 0 7 / 13 /2015 **SUMMARY :**  Laura Farris delivered a presentation on the Clean Power Plan on 07 / 13 /2015 at the Vail Symposium . The meeting was held in Edwards , Colorado . The Clean Power Plan was proposed on June 2, 2014. **ATTENDEES: EPA**  Laura Farris, EPA Region 8 **External Stakeholders**  General public
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2239

GINA M. FLORES-CLARIDY, on behalf of C.M.B., Plaintiff - Appellant,

v. COMMISSIONER OF SOCIAL SECURITY, Defendant - Appellee.

Appeal from the United States District Court for Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (2:07-cv-00278-RBS-JEB)

Submitted: January 15, 2009 Decided: January 21, 2009

Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Gina M. Flores-Claridy, Appellant Pro Se. Lawrence Richard Leonard, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.PER CURIAM: Gina M. Flores-Claridy appeals the district court’s order granting summary judgment to the Commissioner of Social Security upon the determination that substantial evidence supported the denial of Flores-Claridy’s application for

insurance benefits on behalf of her son. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B)(2006). The magistrate judge recommended that relief be denied and advised Flores-Claridy that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Flores-Claridy failed to specifically object to the magistrate judge’s recommendation. The timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). Flores-Claridy has waived appellate review by failing to timely file specific objections after receiving proper notice. Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal

23 contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<PAGE>

                                                                   Exhibit 32.1

                 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

Pursuant to 18 U.S.C. Section 1350, I, David R. Odenath, Jr., Chief Executive
Officer and President of American Skandia Life Assurance Corporation (the
"Company"), hereby certify that the Company's Quarterly Report on Form 10-Q/A
for the quarter ended June 30, 2005 (the "Report") fully complies with the
requirements of Section 13(a) or 15(d), of the Securities Exchange Act of 1934
and that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Dated:February 9, 2006

                                           /s/ David R. Odenath, Jr.
                                           -------------------------------------
                                           Name:  David R. Odenath, Jr.
                                           Title: Chief Executive Officer and
                                                  President

The foregoing certification is being furnished solely pursuant to 18 U.S.C.
Section 1350 and is not being filed as part of the Report or as a separate
disclosure document.
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   MAR-31-1998
<CASH>                                          10,230,000 
<SECURITIES>                                             0 
<RECEIVABLES>                                   20,733,000 
<ALLOWANCES>                                    (1,701,000)
<INVENTORY>                                      6,501,000 
<CURRENT-ASSETS>                                 5,815,000 
<PP&E>                                         184,701,000 
<DEPRECIATION>                                 (55,845,000)
<TOTAL-ASSETS>                                 351,699,000 
<CURRENT-LIABILITIES>                           56,997,000 
<BONDS>                                        200,000,000 
<PREFERRED-MANDATORY>                                    0 
<PREFERRED>                                              0 
<COMMON>                                                 0 
<OTHER-SE>                                      76,418,000 
<TOTAL-LIABILITY-AND-EQUITY>                   351,699,000 
<SALES>                                          4,954,000 
<TOTAL-REVENUES>                                39,413,000 
<CGS>                                            4,575,000 
<TOTAL-COSTS>                                    8,690,000 
<OTHER-EXPENSES>                                16,133,000 
<LOSS-PROVISION>                                         0 
<INTEREST-EXPENSE>                               5,365,000 
<INCOME-PRETAX>                                  1,380,000 
<INCOME-TAX>                                       391,000 
<INCOME-CONTINUING>                                989,000 
<DISCONTINUED>                                           0 
<EXTRAORDINARY>                                          0 
<CHANGES>                                                0 
<NET-INCOME>                                       989,000 
<EPS-PRIMARY>                                            0 
<EPS-DILUTED>                                            0 
                                           

</TABLE>
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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
      ( print page 3566)    
*Name of Committee:*                         National Center for Complementary and Integrative Health Special Emphasis Panel; Exploratory Clinical Trials of Mind and Body Interventions (MB).                    

*Date:*                         February 24-25, 2022.                    

*Time:*                         11:00 a.m. to 4:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Center for Complementary and Integrative, Democracy II, 6707 Democracy Blvd., Bethesda, MD 20892 (Virtual Meeting).                    

*Contact Person:*                         Sushmita Purkayastha, Ph.D., Scientific Review Officer, Office of Scientific Review, Division of Extramural Activities, NCCIH/NIH, 6707 Democracy Boulevard, Suite 401, Bethesda, MD 20892-5475,                         *sushmita.purkayastha@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.213, Research and Training in Complementary and Alternative Medicine, National Institutes of Health, HHS)

Dated: January 18, 2022. 

David W. Freeman, 

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2022-01232 Filed 1-21-22; 8:45 am]

BILLING CODE 4140-01-P
EXHIBIT 23

                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the registration statements
pertaining to the Nonqualified Stock Option Plan of Pioneer Financial Services,
Inc. (Form S-8, No. 33-37305), the Pioneer Financial Services, Inc. Employee
Savings and Stock Ownership Plan (Form S-8, No. 33-45894), the National Benefits
Plans, Inc. 1992 Agents Stock Purchase Plan (Form S-8, No. 33-53686), and the
1994 Omnibus Stock Incentive Program, the Employee Stock Purchase Plan, and the
Career Agent Stock Purchase Plan (Form S-8, No. 33-02481) of our report dated
March 21, 1997, with respect to the consolidated financial statements and
schedules of Pioneer Financial Services, Inc. and subsidiaries included in the
annual report (Form 10-K) for the year ended December 31, 1996.

                         ERNST & YOUNG, LLP



Chicago, Illinois
March 21, 1997
<PAGE>

                                                                    EXHIBIT 32.1

             CERTIFICATION OF MEMBER OF THE OFFICE OF THE PRESIDENT

I, Alfred R. Rudolph, Member of the Office of the President of SciClone
Pharmaceuticals, Inc. (the "Registrant"), do hereby certify in accordance with
18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, based on my knowledge:

      (1) the Quarterly Report on Form 10-Q of the Registrant, to which this
      certification is attached as an exhibit (the "Report"), fully complies
      with the requirements of section 13(a) of the Securities Exchange Act of
      1934 (15 U.S.C. 78m); and

      (2) the information contained in the Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Registrant.

Date:  August 6, 2004                            /s/ Alfred R. Rudolph
                                        ---------------------------------------
                                                   Alfred R. Rudolph
                                         Member of the Office of the President

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 SciClone Pharmaceuticals, Inc. and
will be retained by SciClone Pharmaceuticals, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF OHIO 

 EASTERN DIVISION 

RICHARD BARROW, 

 Plaintiff, 

 v. Civil Action 2:18-cv-674 

 Judge Algenon L. Marbley 

 Magistrate Judge Kimberly A. Jolson 

TOBY HOLTON, et al., 

 Defendants. 

ORDER 

 The Court is in the process of appointing a mediator in this case. Accordingly, the parties’ 

dispositive motion deadline is hereby STAYED pending the outcome of the parties’ mediation 

efforts. 

IT IS SO ORDERED. 

Date: July 5, 2019 /s/ Kimberly A. Jolson 

 KIMBERLY A. JOLSON 

 UNITED STATES MAGISTRATE JUDGE 

Case: 2:18-cv-00674-ALM-KAJ Doc #: 28 Filed: 07/05/19 Page: 1 of 1 PAGEID #: 160
#### Talley HOLMES, Appellant, v. Erline B. JONES, Appellee.

No. 18872.

United States Court of Appeals District of Columbia Circuit.

Argued Nov. 17, 1964.

Decided Jan. 14, 1965.

*302Mr. George H. Windsor, Washington, D. C., with whom Messrs. George E. C. Hayes and Julian R. Dugas, Washington, D. C., were on the brief, for appellant.

Mr. John L. Laskey, Washington, D. C. , with whom Messrs. Thomas S. Jackson and Robert M. Gray, Washington, D. C., were on the brief, for appellee.

Before Bazelon, Chief Judge, Edger-ton., Senior Circuit Judge, and Burger, Circuit Judge.

PER CURIAM:

In 1961, Mr. and Mrs. James Sutton executed a note to appellee for $3,100 secured by a second trust deed on property at 1524 Montana Avenue, N. W. This note was given in partial payment for the conveyance by appellee of the Montana Avenue property to the Suttons. Appellee in turn transferred this note, without recourse, to appellant for the sum of $2,500. Payment on the note now being in default, appellant seeks to enforce the second trust interest in the property.

The trial court properly held that the conveyance from appellee to the Sut-tons was “void and of no effect” on the ground that appellee, who was at the time of the conveyance more than eighty years old, had not been properly informed and did not realize that the documents she signed were conveyances of her property. It follows that the Suttons had no title in the Montana Avenue property to support the second trust deed they executed. Even assuming that appellant took that deed as a bona fide purchaser without notice of the irregularity in the transaction between appellee and the Sut-tons, he has no enforceable interest in the property.1

Affirmed.

1

. 3 American Law of Property § 12.58, at 303 (Casner ed. 1952). Compare Osin v. Johnson, 100 U.S.App.D.C. 230, 243 P. 2d 653 (1957), where a conveyance of property by “a woman of more than average business experience” induced by the- buyer’s misrepresentations was held voidable rather than void so that subsequent trust deeds conveyed to bona fide purchasers were valid. See generally Comment, 72 Tale L.J. 1205, 1212-22 (1963).
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by N i nth C i r c ui tR ul e 36- 3.

T he pa ne l una ni m ous l yf i nds thi s c a s e s ui t abl e f

orde c i s i on w i thout ** o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). LSS/ R es ear ch NOT F OR P UB L I CAT I ON

UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T D A N I EL LERO Y TU RN ER, P la in tif

f - A p p e lla n t, v. B E RN IE G IU S T O , S heri ff of M ul tno m ah C o u n ty, D ef

endant- A pp el l ee . N o. 08- 35830 D. C . No . 3 : 0 8 - c v - 0 0 7 4 0 - AC ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

O r e gon G a rrM . K i ng, D i s tr i c tJ udge , P r e s i di ng S ubm i tt e d N ove m be r17, 2009 ** B efo re: A L A R C Ó N , T R O T T , an d T A S H IM A , C i rcu i tJu d g es. D a ni e l L e r oy T urne rappe a l s pr o s e f r om the di s tr i c tc ourt ’ s j udgm e nt di s m i s s i ng hi s 42 U . S . C . § 1983 a c t i on a l l e gi ng i m pr ope rde l a yi n hi s a rr a i gnm e nt 

# FI LED DE C 14 2009 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALSL SS/ Res ea r ch 08- 35830 2 a nd avi ol a t i on of

hi s r i ghtt o as pe e dytr i a l . W e ha ve j ur i s di c t i on pur s ua ntt o 28 U .S .C . § 1 2 9 1 . W e r e v ie w d e n o v o , B arr e n v . H arr i ngton , 152 F . 3d 1193, 1194 ( 9th C i r . 1998) ( or de r ) , a nd w e a f f i rm i n pa rt , va c a t e i n pa rt , a nd r e m a nd. B e c au s e aju d g m e n t in T u rn e r ’s f a v o rw o u ld n e c e s s a r ilyim p lyth e in v a lid ity o f h is c o n v ic tio n , th e d is tr ic t c o u rt p r o p e r lyd is m is s e d th e a c tio n . See H ec k v . H um ph re y , 51 2 U . S . 47 7, 48 6– 87 (199 4). H ow ever , the di sm i ss al un der H ec k s h o u ld h a v e b e e n w ith o u t p r e ju d ic e . See T

ri m b le v. C i t

y o f Sa n ta R o sa , 49 F . 3d 58 3, 58 5 (9th C i r. 19 95 ). A c c or di ngl y , w e r e m a nd t o the di s tr i c tc ourtf orthe l i m i t e d purpos e of ent er i ng di sm i ss al w i tho utprej ud i ce . T urner’ s r em ai ni ng cont ent i on s are un pers uasi ve. T u rn e rs h a ll b e a rh is o w n c o s ts o n ap p e a l. AF F I RME D i n p a r t , V AC AT E D i n p a r t , a n d RE MAND E D.
Case 1:01-cv-00109-SSB     Document 78      Filed 10/26/2004     Page 1 of 3

Case 1:01-cv-00109-SSB     Document 78      Filed 10/26/2004     Page 2 of 3

Case 1:01-cv-00109-SSB     Document 78      Filed 10/26/2004     Page 3 of 3
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

(Eastern Division)

 

UNITED STATES OF AMERICA ) 

) 

 ) 

v. ) Case No. 2:17-cr-00233-EAS 

 ) 

 ) 

PETROS CONTOGURIS, et al. ) 

_____________________________________) 

 

NOTICE OF SUBSTITUTION OF DESIGNATED TRIAL ATTORNEY

 

Pursuant to S.D. Ohio Civ. R. 83.4, David J. Carey hereby withdraws his appearance as 

co-counsel of record for Defendant Azat Martirossian. Mr. Carey is leaving Thompson Hine 

LLP, effective August 16, 2018. All other counsel of record for Mr. Martirossian will continue 

to represent him in this matter. 

August 14, 2018 Respectfully submitted, 

/s/ David J. Carey 

David J. Carey (0088787) 

/s/ Terrence M. Fay 

Terrence M. Fay, (0022935) 

 Trial Attorney 

THOMPSON HINE LLP 

41 South High Street, 17th Floor 

Columbus, Ohio 43215 

(614) 469-3200 

(614) 469-3361 (fax) 

Terrence.Fay@thompsonhine.com

 

 
Homer E. Moyer, Jr. (DC Bar #179150)* 

Preston L. Pugh (DC Bar #229512)* 

Ann K. Sultan (DC Bar #1019265)* 

Katherine E. Pappas (DC Bar #1015657)* 

MILLER & CHEVALIER CHARTERED 

900 Sixteenth Street, N.W. 

Washington, DC 20006 

Telephone: (202) 626-6020 

Facsimile: (202) 626-5801 

Email: hmoyer@milchev.com 

ppugh@milchev.com

asultan@milchev.com

kpappas@milchev.com 

Armen Kharazian (DC Bar #1047674)* 

Theodore Greenberg (DC Bar #227348)* 

LAW OFFICES OF ARMEN KHARAZIAN PLLC 

1629 K Street, N.W., #300 

Washington, DC 20006 

Telephone: (202) 330-6399 

Facsimile: (202) 478-1982 

Email: armen.kharazian@kharazianlaw.com 

 Counsel to Mr. Azat Martirossian 

 * Pro hac vice application pending 

 
CERTIFICATE OF SERVICE

 I hereby certify that on August 14, 2018, I caused to be electronically filed the foregoing 

document with the Clerk of the Court via CM/ECF. Notice of this filing will be sent by e-mail to 

all parties by operation of the Court’s electronic filing systems. 

/s/ Terrence M. Fay 

Terrence M. Fay, (0022935)