alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Everardo Aguilar HERNANDEZ, aka Evelardo Aguilar Hernandez, Defendant-Appellant.

No. 15-50399

United States Court of Appeals, Ninth Circuit.

Submitted November 18, 2016 * San Francisco, California

Filed November 22, 2016

Jean-Claude Andre, Assistant U.S. Attorney, Julius J, Nam, Assistant U.S. Attorney, Los Angeles, CA, for Plaintiff-Ap-pellee.

Everardo Aguilar Hernandez, Pro Se, Washington, MS, for Defendant-Appellant.

Before: HUG, FARRIS, and CANBY, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P, 34(a)(2).

MEMORANDUM **

Everardo Aguilar Hernandez appeals from the district court’s judgment and challenges his guilty-plea conviction and 36-month sentence for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846, 841(a)(1), (b)(1)(C). Pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Hernandez’s counsel has filed a brief stating that there are no *967grounds for relief, along with a motion to withdraw as counsel. We have provided Hernandez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Hernandez waived his right to appeal his conviction, with the exception of an appeal based on a claim that his plea was involuntary. He also waived the right to appeal his sentence, with the exception of the court’s calculation of his criminal history category. Our independent review of the record pursuant to *Penson v. Ohio,*488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief as to the voluntariness of Hernandez’s plea or the criminal history category calculated by the court. We therefore affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waivers. *See United States v. Watson,*582 F.3d 974, 986-88 (9th Cir. 2009).

Counsel’s motion to withdraw is GRANTED.

AFFIRMED in part; DISMISSED in part.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Exhibit 32.2
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. section1350,
                             AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Fona, 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, Chloe DiVita,
Treasurer, Secretary, Director and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. section1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d),
as applicable, 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.



BY(Signature)                         /s/ Chloe DiVita
(Name and Title)                      Chloe DiVita,
                                      Treasurer, Secretary, Director
                                      and Chief Financial Officer

(Date)                                December 10, 2010






                                       16


                                  End of Filing
<PAGE>   1
                                                                      EXHIBIT 21

                         SUBSIDIARIES OF THE REGISTRANT

<TABLE>
<CAPTION>
                                                                JURISDICTION
SUBSIDIARY                                                    OF INCORPORATION
---------------------------------------                       ----------------
<S>                                                           <C>
LimToo, Inc                                                   Delaware

American Factoring, Inc.                                      Nevada

Floret LLC                                                    Ohio

Limited Too Store Planning Inc. **                            Ohio

Limited Too Purchasing, Inc. **                               Ohio

Limited Too Catalog Production, Inc. **                       Ohio

Limited Too Catalog, LLC **                                   Ohio

Limited Too Web, LLC **                                       Ohio

Limited Too Creative Design, Inc. **                          Ohio
</TABLE>


** These subsidiaries were established on January 31, 2000.
Rocky L. HARVEY, Appellant/petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D17-3229

District Court of Appeal of Florida, Second District.

August 29, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
#### The People of the State of New York, Respondent, v James Wiggins, Appellant.

[770 NYS2d 626]

Judgment, Supreme Court, New York County (Herbert Altman, J), rendered on or about January 16, 2003, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Saunders,*52 AD2d 833 [1976]). We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within 30 days after service of a copy of this order, with notice of entry.

*448Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice. Concur—Tom, J.P., Andrias, Lerner, Friedman and Marlow, JJ.
Somboon Ted POOMARAT, Appellant, v. STATE of Florida, Appellee.

No. 1D18-0629

District Court of Appeal of Florida, First District.

April 3, 2018 Rehearing Denied May 17, 2018

Somboon Ted Poomarat, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

Per Curiam.

DISMISSED . *See**Joseph v. State* , 157 So.3d 546, 548 (Fla. 1st DCA 2015).

Wolf, Lewis, and Jay, JJ., concur.
**Exhibit31.1**

 

 

**Certificationof Chief Executive Officer pursuant to Rule 13a-14(a) under theSecurities Exchange Act of 1934, as amended**

 

I, Oakleigh Thorne, certify that:

 

1.               I have reviewedthis annual report on Form 10-K of eCollege.com;

 

2.               Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.               Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.               The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a)              designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

b)             evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

c)              disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.               The registrant’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (orpersons performing the equivalent functions):

 

a)              all significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

b)             any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

Date: March 31, 2005 

 
| /s/  OAKLEIGH THORNE |   |
|--------------------------------|--------|
| Oakleigh Thorne                |   |
| (principal executive officer)  |   |

 

----
<PAGE>

                                                                   EXHIBIT 99.1


                   CERTIFICATION OF CHIEF EXECUTIVE OFFICER

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

         The undersigned executive officer of Commonwealth Bancorp, Inc. (the
"Registrant") hereby certifies that the Registrant's Form 10-Q for the three
months ended June 30, 2002 fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934 and that the information
contained therein fairly presents, in all material respects, the financial
condition and results of operations of the Registrant.

                               /s/ Patrick J. Ward
                               --------------------------------------------
                               Name: Patrick J. Ward
                               Title: President and Chief Executive Officer

Date: August 12, 2002
450044568410/07COMMONWEALTHOFPENNSYLVANIAPNOIESNO.STD—521REV.12-88PUBLICATIONSAUTHORIZATIONANDINVOICE152198PUBLICATIONSAUTHORIZATION(Tobecompletedbyagency):TO:(PEE.AN)AOORESSENEWSPAPER)•FEDEGALI.N.05EC.24O,ESOM:(NAMEANP.ADDRE.55OFAGENCY)AGENCYTELEPHONENO.Icaaingiimes:24—tib!bUt)YvetteM.House:717—787—9495Attu:LegalAdvertisingBureauofAirQualityP.O.Box58212thFloorReading,PA19603—0582Harrisburg,PA17105HEREWITHISENCLOSEDCOPYFORPUBUCATIONOFADVERTISEMENTFORPROPOSALSTOTYPEOFADEMPLOYPURCHASECONTRACTSELLCLASSIFIEDLEGALNOTICEPUBUSHADVERTISEMENT(NO.OFT1MES)MAXIMUMNO.OFLINESDATEORDERNO.1December6,2009DATESOFINSERTIONSIGNREFORAGEDecember10,2009L.4_,You,asvendor,areauthorizedtopublishthisadvertisementinyournewspaper,subjecttothetermsofthisorder,asfollows:Advertisementtobepublishedinregularadvertisingcolumns,nopositionspecified;captionoftwolinesandsignaturetobeincapitalsandsubjectmatterandtitleofofficer.tobesetsolidintyperegularlyusedbyyournewspaperforpublic(legal)noliceadvertising;chargetobemadeattheratechargedtoandpaidbycommercialadvertisersformattersimilarlysetandoccupyingsimilarspace;advertisementtoberunintheeditionsspecifiedabove.Vendoragreesthat,intheperformanceofanycontractawardedtoithereunder,saidvendorwillnotdiscriminateagainstanyemployeorotherpersonsonaccountofrace,color,sex,religiouscreed,ancestry,ageornationaloriginandthattheCommonwealth,uponreceiptofsatisfactoryevidenceofsuchdiscrimination,shallhavetherighttocancelsaidcontract.Returnthiscopyatonceifyouwillnotacceptthisadvertisementunderthetermssetforth.ProofofadvertisingintheformofatearsheetmustbeincludedonParts1,2&3.Returnoriginalandtwocopies(signedbytheeditororpublisher)toAgencylistedabove.Part1mustbenotarized.Part4isyours.Commonwealthtobebilledonlyforactualnumberofprintedlinespublished.ACCOUNTFUNDDEPTAPPYEARLOGORGCOSTFUNCTION-OBJAMOUNTCODE5ftO77OOOI...(L3‘7QO3’?3OINVOICE(Tobecompletedbypublisher)DATEOFINSERTIONACTUALNO.OFPRINTEDUNESCOSTPERLINE.-.istAd12/10/093352.15720.252ndAd3rdAdBOLDCHARGE2.00...,.APYIDAVIT1RGE.uu:GRANDTOTAL-ø727.25-:.PASTETEARSHEETHEREcCommonwealthofPennsylvania.‘CountyofBERES....DAYIDGESCHWINDTBeforeme,thesubscriber,aNotaryPublicinandforsaidwhobeingdulysworndothderoseandsaythatheis_____________________________________________________________________READIN’GEAGLEk.Auuic,the_________________________________________ageneralnewspaperpublishedat_________________________________________thattheadvertisement,ofwhichtearsheetisattachedhereto,waspublishedintheregularadvertisingcolumnsofsaidnewspaper,intheeditionsofsaidnewspaper,inallrespectsasorderedandinvoicedabove;andthattheCommonwealthisnotchargedthereforataratehigherthanischargedanyordinarycommercialadvertiserforasimilaramountofmatteroccupyingsimilarspaceandsetinasimilarmanner,insaidnewspaper.Swornandsubscribedbeforemethis________________dayof___________________________________20.-1SIGNATUREOFAFF(ANTNOTARYPUBLICMycommissionexpires*ThisaffidavitmustbemadebytheOwner,Publisher,orthedesignatedagentoftheownerorpublisher.tEIrIrt’LJr’v-rDAKIQEAITTAI
#### UNITED STATES of America, Plaintiff-Appellee v. Lawrence ARCHER, Defendant-Appellant

No. 15-50393 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed August 2, 2017

Joseph H. Gay, Jr., Assistant U.S. Attorney, Mara Asya Blatt, Esq., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee

Bradford W. Bogan, Assistant Federal Public Defender, Maureen Scott Franco, Federal Public Defender, Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant

Before JONES, WIENER, and CLEMENT, Circuit Judges.

PER CURIAM: *

Defendant-Appellant Lawrence Archer was convicted of one count of possession of a firearm by a felon and was sentenced to serve 84 months in prison and a three-year term of supervised release. He appeals his sentence, arguing that his Texas offense of evading arrest with a vehicle is not a crime of violence (COV) because the residual clause of U.S.S.G. § 4B1.2(a)(2) (2014) is unconstitutionally vague under *Johnson v. United States,*— U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2016). He also contends that the Texas robbery offense for which he was convicted is no longer a COV as an enumerated offense in Application Note 1 to § 4B1.2 (2014) because the comment modifies the residual clause, which is unconstitutional under *Johnson.*He asserts that, in the absence of the unconstitutional residual clause, Application Note 1 impermissibly expands the definition of a crime of violence and cannot stand.

After Archer submitted his appellate brief, the Supreme Court held that the former § 4B1.2(a)(2)’s residual clause “is not void for vagueness” because “the Guidelines are not subject to a vagueness challenge under the Due Process Clause.” *Beckles v. United States,*— U.S. -, 137 S.Ct. 886, 892, 197 L.Ed.2d 145 (2017). That decision renders moot Archer’s arguments based on the former § 4B1.2(a)(2)’s residual clause and Application Note One.

AFFIRMED.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
#### UNITED STATES of America, Plaintiff-Appellee, v. Santos DIAZ-MARTINEZ, Defendant-Appellant.

No. 16-50447

United States Court of Appeals, Ninth Circuit.

Submitted August 9, 2017 *

Filed August 14, 2017

Nicole Ries Fox, Assistant U.S. Attorney, Stacey H. Sullivan, Assistant U.S. *268Attorney, Helen H. Hong, Assistant U.S. Attorney, Office of the US Attorney, San Diego, CA, for Plaintiff-Appellee

Janice M. Deaton, Law Offices of Janice Deaton, San Diego, CA, for Defendant-Appellant

' Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Santos Diaz-Martinez appeals from the district court’s judgment and challenges the 57-month sentence and $250 fine imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm,

Diaz-Martinez contends that his sentence is substantively unreasonable. The district court did not abuse its discretion. *See Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The 57-month sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Diaz-Martinez’s criminal history and his prior 48-month sentence for the same offense. *See Gall,*552 U.S. at 51, 128 S.Ct. 586. The below-Guidelines fine is also substantively reasonable in light of Diaz-Martinez’s work history. *See United States v. Orlando,*553 F.3d 1235, 1239-40 (9th Cir. 2009).

To the extent that Diaz-Martinez argues that the court selected the sentence based on “hostility and a lack of objectivity,” the record does not support his claim. Rather, the record reflects that the court relied on proper sentencing factors, including the need for deterrence and protection of the public. *See*18 U.S.C. § 3553(a); *Gall,*552 U.S. at 51, 128 S.Ct. 586.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### In the Matter of the Claim of Andrew S. Rostolder, Appellant. Commissioner of Labor, Respondent.

[770 NYS2d 801]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 28, 2003, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, a sheet metal draftsman by trade, was ineligible to receive unemployment insurance benefits because he was not totally unemployed during the period he was receiving benefits in 2002. The record establishes that claimant makes frog sculptures which he displays for sale at a cooperative gallery. Claimant pays an annual fee of $2,400 to be a member of the gallery and display his work. When claimant sells a sculpture, he collects sales tax. He also volunteers as a treasurer for the gallery and is responsible for picking up the mail and signing the business checks to pay the gallery’s bills. The record establishes that claimant filed a schedule C with his 2001 tax return deducting the gallery membership fee and taking a net business loss. Although claimant did not create or sell any sculptures during the period in which he was receiving benefits, he nevertheless stood to gain financially by the continued display of his work at the gallery and the deductions on his tax returns *(see Matter of*
      *774
      *Helm[Commissioner of Labor],*304 AD2d 943 [2003]; *Matter of Gorman[Commissioner of Labor],*288 AD2d 597 [2001]; *Matter of Kingsley-Agurkis[Commissioner of Labor],*273 AD2d 597 [2000]).

Cardona, P.J., Crew III, Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.
4^^]?0^S3m02S^ 

T H E CITY OF 

DoTHAN, ALABAMA 

POST OFFICE BOX 2128 • DOTHAN, ALABAMA 36302 • 334-615-3110 

MIKE SCHMTTZ 

MAYOR 

inayoi@dotliaa.org 

C=5 

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T OF 

fATION RATION 

CO 

August 23, 2010 

The Honorable Raymond H. LaHood 

Secretary of Transportation 

U.S. Departure of Transportation 

1200 New Jersey Ave., SE 

Washington. DC 20590 

Dear Secretary LaHood: 

The City of Dothan, Alabanoa is pleased to submit our letter of 

support for the Small Community Air Service Development Grant 

application submitted by the Dothan Regional Airport located in 

Dothan, Alabama. The $750,000 grant will help fund a plan to 

establish daily, direct service between Dothan Regional Airport and 

the Dallas/Ft: Worth hub. 

Access to the Dallas/Ft. Worth hub is critical as it is a top 

destination for business and military travelers in the area and also 

provides a gateway to the west which is vital for the continued 

economic development of our region. Opening of the Dallas/Ft 

Worth hub would improve the ability to attract new businesses, 

increase the amount of investment of existing businesses and grow 

the economy of Southeastem Alabama. 

The City offers its full support for the Small Community Air 

Development Grant application and asks that you strongly consider 

this request. Additionally, we will be supporting these efforts in the 

amount of $100,000. 

Thank you in advance for your assistance in this matter. 

Sincerely, 

Mike Schmitz \ J 

Mayor 

MS/js
**Exhibit 32a**

 

CERTIFICATION PURSUANT TO 

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 

OF QUARTERLY REPORT ON FORM 10-QSB 

OF PINNACLE DATA SYSTEMS, INC. 

FOR THE QUARTERENDED JUNE 30, 2005 

 

The undersigned is the Chief Executive Officer of PinnacleData Systems, Inc. (the “Issuer”). This Certification is made pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. This Certification accompanies the Quarterly Report on Form 10-QSB of the Issuer for the quarterly period ended June30, 2005. 

 

I, John D. Bair, certify that the Quarterly Report on Form 10-QSBfor the period ended June 30, 2005 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 that information contained in the Quarterly Report on Form 10-QSB fairly presents,in all material respects, the financial condition and results of operations of the Issuer. 

 

This certification is executed as of July 27, 2005.
#### Barry KELLY; Molly Kelly, Plaintiffs, and Gilbert L. Purcell, Counsel for Plaintiffs, Appellant, v. CRANE CO., Defendant-Appellee.

No. 15-16457

United States Court of Appeals, Ninth Circuit.

Submitted August 16, 2017 * San Francisco, California

Filed August 21, 2017

*292Richard M. Grant, Brayton Purcell LLP, Novato, CA, for Appellant

Before: O’SCANNLAIN and RAWLINSON, Circuit Judges, and WATTERS,** District Judge.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

**

 The Honorable Susan P. Watters, United States District Judge for the District of Montana, sitting by designation.

MEMORANDUM ***

Attorney Gilbert Purcell appeals the district court’s order imposing sanctions against him for conduct demonstrating bad faith. Because the facts are known to the parties, we repeat them only as necessary to explain our decision.

The district court correctly observed that: (1) the question whether chemotherapy exacerbated Barry Kelly’s pre-existing kidney condition was contested at trial; (2) Purcell explicitly told the court that Dr. ' Horn would not testify that Kelly’s “kidney problems were caused or exacerbated by the chemo” and conceded that such issue “wasn’t evaluated] in [Horn’s] Rule 26 report”; and (3) Purcell then intentionally attempted to have Dr. Horn testify on this issue at trial.

The district court did not clearly err in determining that such conduct demonstrated that Purcell acted in bad faith by attempting to “sneak” in Dr. Horn’s testimony. *See, e.g., Leon v. IDX Sys. Corp.,*464 F.3d 961, 958 (9th Cir. 2006) (district court finding that attorney acted in bad faith reviewed for clear error); *Pac. Harbor Capital, Inc. v. Carnival Air Lines, Inc.,*210 F.3d 1112, 1117 (9th Cir. 2000) (same); *see also Fink v. Gomez,*239 F.3d 989, 992 (9th Cir. 2001) ( [Bjad faith ,.. includes a broad range of willful improper conduct.”),

AFFIRMED.

***

 This disposition- is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.