alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Martha Torres MENDOZA, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 12-73127

United States Court of Appeals, Ninth Circuit.

Submitted June 26, 2017*

Filed July 5, 2017

Douglas D. Nelson, Esquire, Attorney, Douglas D. Nelson, Attorney at Law, San Diego, CA, for Petitioner

Wendy Benner-Leon, Esquire, OIL, DOJ—U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

Before: PAEZ, BEA, and MURGUIÁ, ' Circuit Judges.

*

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

MEMORANDUM **

Martha Torres Mendoza, a native and citizen of Mexico, petitions for review of the Board of .Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“U”) decision denying her motion to suppress evidence and terminate removal proceedings, and ordering her removed. We have jurisdiction under 8 U.S.C. § 1252. We review de novo the denial of a motion to suppress, and claims of constitutional violations. *Martinez-Medina v. Holder,*673 F.3d 1029, 1033 (9th Cir. 2011). We deny the petition for review.

The agency did not err in denying Torres Mendoza’s motion to suppress evidence and terminate proceedings, because *Samayoa-Martinez v. Holder,*558 F.3d 897, 901-02 (9th Cir. 2009), forecloses her contention that her statements to immigration officials at the border were obtained in violation of 8 C.F.R. § 287.3(c). Torres Mendoza urges us to reconsider our holding in *Samayoa-Martinez,*but a three-judge panel cannot overrule circuit precedent in the absence of an intervening decision from a higher court or en banc decision of this court. *See Avagyan v. Holder,**572646 F,3d 672, 677 (9th Cir. 2011). We also reject Torres Mendoza’s contention that *de Rodriguez-Echeverria v. Mukasey,*634 F.3d 1047 (9th Cir. 2008) controls the result of her case.

To the extent Torres Mendoza contends the agency erred or violated her due process rights by admitting into evidence her statements to immigration officials, this contention fails because the statements were probative and their admission was fundamentally fair. *See Espinoza v. INS,*45 F.3d 308, 310 (9th Cir. 1996) (“[Ijnfor-mation on an authenticated immigration form is presumed to be reliable in the absence of evidence to the contrary presented by the alien.”); *Lata v. INS,*204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and substantial prejudice to prevail on a due process claim). ■

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
EXHIBIT 32.1

               STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE
               SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350

         The undersigned, Robert C. White, is the President and Chief
Executive Officer and Principal Executive and Accounting Officer of Wake Forest
Bancshares,  Inc. (the "Company"). This statement is being furnished in
connection with the filing by the Company of the Company's Annual Report on
Form 10-KSB for the year ended September 30, 2003 (the "Report").

         By execution of this statement, I certify that:

         A)    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(a)
               or 78o(d)) and

         B)    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 dates and for the periods
               covered by the Report.

         This statement is authorized to be attached as an exhibit to the Report
so that this statement will accompany the Report at such time as the Report is
filed with the Securities and Exchange Commission, pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350. It is not intended that
this statement be deemed to be filed for purposes of the Securities Exchange Act
of 1934, as amended.

         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.




DATE:  DECEMBER 22, 2003              /S/ ROBERT C. WHITE
                                      ----------------------------------------
                                      ROBERT C. WHITE

                                      PRESIDENT AND CHIEF EXECUTIVE OFFICER
                                      AND PRINCIPAL EXECUTIVE AND ACCOUNTING
                                      OFFICER
II 

Calendar No. 464 

118TH CONGRESS 

2D SESSION H. R. 6073 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2024 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AUGUST 1, 2024 

Reported by Mr. PETERS, without amendment 

AN ACT 

To designate the facility of the United States Postal Service 

located at 9925 Bustleton Avenue in Philadelphia, Pennsylvania, as the ‘‘Sergeant Christopher David Fitzgerald 

Post Office Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SERGEANT CHRISTOPHER DAVID FITZGERALD 

4 POST OFFICE BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 9925 Bustleton Avenue in Phila7 delphia, Pennsylvania, shall be known and designated as 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 6073 RS

1 the ‘‘Sergeant Christopher David Fitzgerald Post Office 

2 Building’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the facility referred to in subsection (a) shall 

6 be deemed to be a reference to the ‘‘Sergeant Christopher 

7 David Fitzgerald Post Office Building’’. 


ssavage on LAPJG3WLY3PROD with BILLS

ssavage on LAPJG3WLY3PROD with BILLS
Calendar No. 464 

118TH CONGRESS 

2D SESSION H. R. 6073 

AN ACT 

To designate the facility of the United States Posting’’. Christopher David Fitzgerald Post Office Build- Philadelphia, Pennsylvania, as the ‘‘Sergeant al Service located at 9925 Bustleton Avenue in 

AUGUST 1, 2024 

Reported without amendment 


ssavage on LAPJG3WLY3PROD with BILLS
#### Antonio TAPIA-CORONA, Appellant, v. UNITED STATES of America, Appellee.

No. 21066.

United States Court of Appeals Ninth Circuit.

Nov. 23, 1966.

George M. Sheets, Tucson, Ariz., for appellant.

William P. Copple, U. S. Atty., Jo Ann D. Diamos, Richard Allemann, Asst. U. S. Attys., Tucson, Ariz., for appellee.

Before CHAMBERS, BARNES and DUNIWAY, Circuit Judges.

PER CURIAM:

The judgment of conviction is affirmed.

In this case of smuggling marijuana across the border near Nogales, Arizona, the government used at the time of the event an agent, Cameron, and a part-time informer, Calcedo. TapiaCorona asserts entrapment and that he needed, and did not have, Calcedo as a witness to prove the point. The record is clear that the trial judge was satisfied that the government in good faith had made a reasonable effort to find Calcedo and had failed. This was enough. Velarde-Villarreal v. United States, 9 Cir., 354 F.2d 9; United States v. White, 2 Cir., 324 F.2d 814; United States v. Cimino, 2 Cir., 321 F.2d 509.

A contention is made that it was unfair not to have all English testimony (Tapia-Corona speaks only Spanish) instantly interpreted to him. The official Spanish interpreter sat at the defense counsel table and was available for immediate consultation. We hold he was not entitled to the perfection he would like to have had.

We find no error in denial of the bill of particulars. There is no reasonable claim of surprise on any testimony at the trial. The government made a prima facie case. The defendant did himself no good when he took the stand and related a highly improbable alibi.

Judgment affirmed.
Exhibit 23.1


                          INDEPENDENT AUDITORS' CONSENT

      We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (File No. 333-109495) and Form S-8 (File Nos. 333-34156
and 333-122242) of deltathree, Inc. (the "Company"), our report, dated February
21, 2005, relating to our audit of the financial statements of the Company as of
December 31, 2003 and 2004 and for the years ended December 31, 2002, 2003, and
2004 contained in this Annual Report on Form 10-K.

/s/ Brightman Almagor & Co.

Brightman Almagor & Co.
Certified Public Accountants
A member firm of Deloitte Touche Tohmatsu

Tel Aviv, Israel
March 30, 2005
454 A.2d 153

#### Commonwealth v. Hayes, Appellant.

Submitted November 6, 1981.

Joseph J. Shafle, Jr., for appellant; Mark S. Gurevitz, Assistant District Attorney, for Commonwealth, appellee.

Before SPAETH, BECK and LIPEZ, JJ.

Order affirmed.
* Pursuant to Local Rule 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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-60404

CONCORDIA ELECTRIC COOPERATIVE, INC.,

Petitioner-CrossRespondent,

versus

NATIONAL LABOR RELATIONS BOARD,

Respondent-CrossPetitioner.

Petition for Review and Cross-Application for Enforcement

of an Order ofthe National Labor Relations Board

(15-CA-13053-2)

June 26, 1996

Before HIGGINBOTHAM, WIENER, and PARKER, Circuit Judges.

PER CURIAM: *

We are not persuaded that Concordia Electric Cooperative, Inc.

is exempt from the National Labor Relations Act as a "political

subdivision" of the State of Louisiana. 29 U.S.C. § 152(2); NLRB

v. Natural Gas Utility Dist. of Hawkins County, Tenn.

, 402 U.S. 600

(1971). We have previously rejected the claim advanced by2

Concordia that a public utility whose directors are elected by its

members is responsible to the general electorate. S ee NLRB v.

Natchez Trace Elec. Power Ass'n

, 476 F.2d 1042, 1045 (5th Cir.

1973); see also Fayette Electrical Cooperative, Inc.

, 316 N.L.R.B.

1118 (1995).

In addition, the other Ha wkins factors point against

Concordia's claimed exemption. Among other things, Concordia, like

privately owned u tility companies, is subject to regulation by

Louisiana's Public Service Commission. S ee Cajun Elec. Power

Cooperative, Inc. v. Louisiana Public Service Comm'n , 544 So.2d

362, 365 (La.), cert. denied

, 493 U .S. 991 (1989). It is exempt

from Louisiana's Open Meetings law, which applies to public bodies,

Hunerjager v. Dixie Elec. Membership Corp. , 434 So.2d 590, 591-92

( La. Ct. App.), c ert. denied

, 440 So.2d 149 (La. 1983), and its

power of eminent domain is coextensive with that possessed by

privately owned electrical utilities. S ee La. Rev. Stat. Ann.

§ 12:403(12). In short, these factors indicate that Louisiana

treats electrical cooperatives like investor-owned public

utilities, not as a political subdivision of the state.

ENFORCEMENT GRANTED.
Exhibit 13.2


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 AudioCodes Ltd. (the “Company”) on Form 20-F for the period ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Guy Avidan, Chief Financial 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, to my knowledge:




(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.




Date: March 10, 2011/s/ GUY AVIDANGuy AvidanChief Financial Officer
#### Robert J. Blum, as Assignee for the Benefit of Creditors of Frey *&*Horgan Corporation, Respondent, *v.*Fresh Grown Preserve Corporation, Appellant.

Submitted May 17, 1943;

decided May 27, 1943.

*858
      *Robert J. Blum,*in person, for motion.

*Isador Goetz*opposed.

Motion granted and appeal dismissed, with costs, and ten dollars costs of motion, upon the ground that no appeal can be taken until judgment has been entered upon the decision of the Appellate Division. (See 290 N. Y. 759.)
EXHIBIT 32

                            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 Prime Air, Inc. (the "Company")
on  Form  10-QSB for the period ended June 30, 2004 as filed with the Securities
and  Exchange  Commission  on  the date hereof (the "Report"), Dr. Albert Bruno,
Chief  Executive  Officer  and  Jan  Gossing,  Chief  Financial  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, to the best of their
knowledge  and  belief:

     (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.



Dated:  August  15,  2004       By: /s/ Dr.  Albert  Bruno
                                    -------------------------
                                    Dr.  Albert  Bruno
                                    Chief  Executive  Officer
                                    (Principal  Executive  Officer)





Dated:  August  16,  2004       By: /s/ Jan Gossing
                                    -------------------------
                                    Jan Gossing
                                    Chief Financial Officer
                                    (Principal Financial and Accounting Officer)


                                       17
<PAGE>
<PAGE>
                                                                               .
                                                                               .
                                                                               .

                                                                    EXHIBIT 21.1

                       PIVOTAL CORPORATION - SUBSIDIARIES


<TABLE>
<CAPTION>

Name of Subsidiary                                                 Jurisdiction of incorporation
------------------                                                 -----------------------------
<S>                                                                     <C>
Pivotal Corporation                                                        Washington
Pivotal Corporation Limited                                                U.K.
Pivotal Corporation France S.A. (formerly Transitif S.A.)                  France
Exactium Ltd.(formerly Arad Systems Ltd.)                                  Israel
Exactium, Inc.                                                             Delaware
590813 British Columbia Ltd.                                               British Columbia
590822 British Columbia Ltd.                                               British Columbia
Pivotal Corporation Ireland                                                Ireland
Pivotal Technologies Corporation Limited                                   Ireland
Pivotal Corporation (N.I.) Limited                                         Northern Ireland
Pivotal GmbH                                                               Germany
Pivotal Corporation Australia Pty. Ltd.                                    Australia
Nihon Pivotal K.K.                                                         Japan
Project One Business Technologies Inc.                                     British Columbia
MarketFirst Software Inc.                                                  Delaware
652072 British Columbia Ltd.                                               British Columbia
Pivotal Bangalore Software Development Private Limited                     India
Pivotal Merger Subsidiary (Intermediate Tier), Inc.                        Delaware


</TABLE>
mce of as 

along the 

between 

iualala 

5 NM (orange area)~
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 656 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 656

To amend the Higher Education Act of 1965 to include child development 
 and early learning as community services under the Federal work-study 
                                program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2023

 Mr. Castro of Texas (for himself, Mr. Moolenaar, Ms. Spanberger, and 
  Mr. Cole) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
To amend the Higher Education Act of 1965 to include child development 
 and early learning as community services under the Federal work-study 
                                program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Head Start for Our Future Act''.

SEC. 2. CHILD DEVELOPMENT AND EARLY LEARNING COMMUNITY SERVICES.

    Section 441(c)(1) of the Higher Education Act of 1965 (20 U.S.C. 
1087-51(c)(1)) is amended by striking ``literacy training'' and 
inserting ``child development and early learning (including Head Start 
programs and Early Head Start programs carried out under the Head Start 
Act (42 U.S.C. 9831 et seq.)), literacy training''.
                                 <all>
```
---

**EXHIBIT 32.2**

**CERTIFICATIONS 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 Banyan Corporation (the
  "Company") on Form 10-KSB for the year ended December 31, 2006, as filed with
  the Securities and Exchange Commission on the date hereof (the "Report"), I,
  Michael Gelmon, Chief Executive Officer, 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, as of, and
  for the periods presented in the Report.

| | /s/ Cory Gelmon                      
| | -------------------------------------
| |                                      
| | Cory Gelmon                          
| |                                      
| | President and Chief Financial Officer
| |                                      
| | April 16, 2007                       

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

---
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000

<S>                                     <C>
<PERIOD-TYPE>                           12-MOS
<FISCAL-YEAR-END>                       DEC-31-1999
<PERIOD-START>                          JAN-01-1999
<PERIOD-END>                            DEC-31-1999
<CASH>                                        21710
<SECURITIES>                                      0
<RECEIVABLES>                                110007
<ALLOWANCES>                                      0
<INVENTORY>                                       0
<CURRENT-ASSETS>                             131717
<PP&E>                                       921917
<DEPRECIATION>                               129903
<TOTAL-ASSETS>                               948071
<CURRENT-LIABILITIES>                        864780
<BONDS>                                      545114
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                     310
<COMMON>                                     213485
<OTHER-SE>                                  (675618)
<TOTAL-LIABILITY-AND-EQUITY>                 948071
<SALES>                                     9452081
<TOTAL-REVENUES>                            9452081
<CGS>                                             0
<TOTAL-COSTS>                                     0
<OTHER-EXPENSES>                            9805005
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                            11014
<INCOME-PRETAX>                                   0
<INCOME-TAX>                                      0
<INCOME-CONTINUING>                               0
<DISCONTINUED>                              2727640
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                               (3091578)
<EPS-BASIC>                                  (.02)
<EPS-DILUTED>                                  (.01)


</TABLE>
---

EXHIBIT 32.2

CERTIFICATIONS 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 Banyan Corporation (the "Company")
  on Form 10-KSB for the year ended December 31, 2004, as filed with the Securities
  and Exchange Commission on the date hereof (the "Report"), I, Michael Gelmon,
  Chief Executive Officer, 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, as of, and for the periods presented in the Report.

/s/ Cory Gelmon 
  Cory Gelmon 
  President and Chief Financial Officer 
  April 14, 2005

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

---