alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Khamron ROBINSON, Appellant, v. STATE of Florida, Appellee.

No. 1D18-0085

District Court of Appeal of Florida, First District.

May 25, 2018

Khamron Robinson, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Daniel Krumbholz, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

The Appellant seeks review of an order denying a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The State concedes error and we accept the concession.

When the trial court entered the order denying the motion, the Appellant's direct appeals from the convictions and sentences he was challenging in the postconviction motion were still pending in this Court. Therefore, the trial court lacked jurisdiction to rule on the motion. *See* *Burch v. State* , 721 So.2d 1198 (Fla. 1st DCA 1998) (holding that trial court lacked jurisdiction to consider postconviction motion because the direct appeal was pending). The Appellant's direct appeals have since become final. Accordingly, we reverse and remand for the trial court to reconsider the motion after this opinion becomes final. *See* *McDaniel v. State* , 789 So.2d 1223 (Fla. 1st DCA 2001).

REVERSED and REMANDED with directions.

Wolf, Bilbrey, and Kelsey, JJ., concur.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

BENJAMIN IRA BADBEAR, 

Defendant-Appellant.

No. 20-30041 

D.C. No. 1:19-cr-00092-SPW-1 

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Susan P. Watters, District Judge, Presiding

Submitted November 9, 2020**

Before: THOMAS, Chief Judge, TASHIMA and W. FLETCHER, Circuit Judges. 

Benjamin Ira Badbear appeals from the district court’s judgment and 

challenges the 87-month sentence imposed following his guilty-plea conviction for 

possession of a stolen firearm, receipt of a firearm by a person under indictment for 

a felony, and being a prohibited person in possession of a firearm, in violation of 

* 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

NOV 17 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 20-30041 

18 U.S.C. § 922(j), (n) and (g). We have jurisdiction under 28 U.S.C. § 1291, and 

we affirm.

Badbear contends that the sentence is substantively unreasonable because of

his need for drug treatment, lack of prior felony convictions, and acceptance of 

responsibility. The district court did not abuse its discretion. See Gall v. United 

States, 552 U.S. 38, 51 (2007). The sentence at the low end of the Guidelines is 

substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and 

the totality of the circumstances, including the seriousness of the offense and 

Badbear’s criminal history. See Gall, 552 U.S. at 51; see also United States v. 

Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the 

various factors in a particular case is for the discretion of the district court.”). 

Moreover, contrary to Badbear’s contention, the record reflects that the district 

court considered the § 3553(a) factors and Badbear’s arguments for a belowGuidelines sentence. See United States v. Carty, 520 F.3d 984, 991-92 (9th Cir. 

2008) (en banc).

AFFIRMED.
Form of Notice of Exercise of Warrants



 EXHIBIT 4.13 
 NOTICE OF EXERCISE 
  

	To:	ImmunoCellular Therapeutics, Ltd. 

 Attn: Chief Financial
Officer 
 21900 Burbank Boulevard, 3rd Floor 
 Woodland Hills, California 91367 
  

	(1)	The undersigned hereby elects to purchase _____________ shares of common stock of ImmunoCellular Therapeutics, Ltd. (formerly known as Optical Molecular Imaging, Inc.) pursuant to
the terms of the attached Warrant (revised in January 2009 to extend the expiration date to June 30, 2009 and reduce the purchase price to $.25 per share), and tenders herewith payment of the purchase price in full in US$, together with all
applicable transfer taxes, if any. 

  

	(2)	In exercising this Warrant, the undersigned hereby confirms and acknowledges that the shares of common stock to be issued upon exercise hereof are being acquired solely for the
account of the undersigned and not as a nominee for any other party, and for investment and that the undersigned will not offer, sell or otherwise dispose of any such shares of common stock except under circumstances that will not result in a
violation of the Securities Act of 1933, as amended, or any state securities laws. 

  

	(3)	Please issue a certificate or certificates representing said shares of common stock in the name of the undersigned or in such other name as is specified below:


  

	
	  
	(Name)
	
	 
	(Address)
	
	 
	
	 
	(Tax I.D. No.)

  

	(4)	The undersigned represents that (a) he, she or it is the original purchaser from the Corporation of the attached Warrant or an ‘accredited investor’ within the
meaning of Rule 501(a) under the Securities Act of 1933, as amended and (b) the aforesaid shares of common stock are being acquired for the account of the undersigned for investment and not with a view to, or for resale in connection with, the
distribution thereof and that the undersigned has no present intention of distributing or reselling such shares. 

  

			
		
	Date: 	 	 
	
	 
	(Signature)