alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Juan GODINEZ-MARTINEZ, a.k.a. Juan Godinez Martinez, a.k.a. Carlos Hernandez Ramirez, Defendant-Appellant.

No. 16-10285

United States Court of Appeals, Ninth Circuit.

*692Submitted July 11, 2017 *

Filed July 17, 2017

Fernanda Carolina Escalante, Assistant United States Attorney, Margaret Perimeter, USPX—Office of the US Attorney, Phoenix, AZ, for Plaintiff-Appellee

Florence Bruemmer, Attorney, Law Offices of Florence M. Bruemmer, PC, Anthem, AZ, for Defendant-Appellant

Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.

*

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

MEMORANDUM **

Juan Godinez-Martinez appeals from the district court’s judgment and challenges the 18-month sentence imposed following his guilty-plea conviction for 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.

Godinez-Martinez contends that the district court erred by rejecting the parties’ binding plea agreement. We review the district court’s decision to reject a plea agreement for abuse of discretion. *See In re Morgan v. U.S. District Court,*506 F.3d 705, 708 (9th Cir. 2007). The district court acted within its discretion in rejecting the plea agreement in light of individualized reasons provided by the court. *See id.*at 711-12.

Godinez-Martinez next contends that the district court erred by departing upward under U.S.S.G. § 4A1.3 to account for the inadequacy of his criminal history category. We review the decision to depart under U.S.S.G. § 4A1.3 not for procedural correctness but rather by determining whether the ultimate sentence was reasonable. *See United States v. Ellis,*641 F.3d 411, 421-22 (9th Cir. 2011). The 18-month, above-Guidelines sentence was substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including Godinez-Mar-tinez’s significant criminal and immigration history. *See Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3,
#### UNITED STATES of America, Plaintiff-Appellee, v. Jason ANDRE, Defendant-Appellant.

No. 16-10244

United States Court of Appeals, Ninth Circuit.

Submitted April 11, 2017 *

Filed April 24, 2017

Michael Anthony Humphreys, Cristina D. Silva, Assistant U.S. Attorneys, Peter Stuart Levitt, Esquire, Assistant U.S. Attorney, USLY — Office of the U.S. Attorney, Las Vegas, NV, Elizabeth Olson White, Esquire, Assistant U.S. Attorney, USRE — Office of the US Attorney-Reno, Reno, NV, for Plaintiff-Appellee

Jason Andre, Pro Se

Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

*

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

MEMORANDUM **

Jason Andre appeals pro se from the district court’s order denying his motion to correct an error in his plea agreement under Federal Rule of Criminal Procedure 36. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Andre contends that the district court erred by declining to correct an erroneous Guidelines citation in his plea agreement. Andre does not cite any authority to support his contention that a nonbinding plea agreement between the parties falls within Rule 36’s purview. Moreover, the record reflects that the sentencing court cited the correct Guidelines provision in imposing the sentence, and the judgment accurately reflects the court’s oral pronouncement of Andre’s sentence. Under these circumstances, we conclude that the district court did not clearly err in denying Andre’s motion. *See United States v. Dickie,*752 F.2d 1398,1400 (9th Cir. 1985).

AFFIRMED.

**

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

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<FISCAL-YEAR-END>                          MAR-31-1996
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         154,000
<SECURITIES>                                         0
<RECEIVABLES>                                3,326,000
<ALLOWANCES>                                   218,000
<INVENTORY>                                    546,000
<CURRENT-ASSETS>                             3,854,000
<PP&E>                                       2,068,000
<DEPRECIATION>                                 520,000
<TOTAL-ASSETS>                               6,046,000
<CURRENT-LIABILITIES>                        5,693,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
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<TOTAL-LIABILITY-AND-EQUITY>                 6,046,000
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<TOTAL-REVENUES>                             5,054,000
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</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4480-DR; Docket ID FEMA-2022-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of New York (FEMA-4480-DR), dated March 20, 2020, and related determinations.

# DATES:

This change occurred on February 16, 2022.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, David Warrington, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of Chad M. Gorman as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2022-04581 Filed 3-3-22; 8:45 am]

BILLING CODE 9111-23-P
#### The People of the State of New York, Respondent, *v.*Alphonse Alessi, Appellant.

Submitted December 6, 1943;

decided December 8, 1943.

*Alphonse Alessi,*in person, for motion.

No one opposed.

Motion to prosecute appeal as a poor person denied.

Motion for leave to appeal from the order of the County Court dismissed on the ground that the order sought to be reviewed is not appealable directly to this Court.
#### Henry Kapononuiahopil LII, Petitioner-Appellant, v. Paul COPENHAVER, Respondent-Appellee.

No. 16-15539

United States Court of Appeals, Ninth Circuit.

Submitted August 9, 2017 *

Filed August 16, 2017

Henry Kapononuiahopil Lii, Pro Se

Karen A. Escobar, Assistant U.S. Attorney, DOJ-USAO, Fresno, CA, for Respondent-Appellee

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 **

Federal prisoner Henry Kapononuiaho-pil Lii appeals pro se from the district court’s dismissal of his habeas petition, which the district court characterized as arising under 28 U.S.C. § 2241. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review de novo the dismissal of a section 2241 petition, *see Stephens v. Herrera,*464 F.3d 895, 897 (9th Cir. 2006), and we affirm.

Lii’s petition challenged his conviction and sentence, and was thus a disguised motion under section 2255 and required a certificate of appealability to proceed on appeal. *See Alaimalo v. United States,*645 F.3d 1042, 1047 (9th Cir. 2011). The district court certified only one issue: whether Lii is entitled to relief under *Welch v. United States,*— U.S. -, 136 S.Ct. 1257, 194 L.Ed.2d 387 (2016), with regard to his conviction under the residual clause of the Armed Career Criminal Act (“ACCA”). We conclude that *Welch*is inapplicable because the record shows that Lii was not sentenced under the ACCA. As to Lii’s remaining claims, we agree with the district court’s conclusion that Lii does not qualify under section 2255’s “escape hatch,” and affirm its dismissal of the petition for lack of jurisdiction. *See Stephens,*464 F.3d at 898-99 (stating when a section 2241 petition is available under section 2255’s “escape hatch” and affirming dismissal for lack of jurisdiction because the “escape hatch” was not properly invoked).

Appellee’s motion to dismiss is denied.

AFFIRMED.

**

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

118TH CONGRESS 

1ST SESSION H. R. 6379 

To amend the Food, Conservation, and Energy Act of 2008 to reauthorize 

the Farm and Ranch Stress Assistance Network. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2023 

Mr. FEENSTRA (for himself, Mr. COSTA, Mr. BOST, Ms. CRAIG, and Mr. 

NUNN of Iowa) introduced the following bill; which was referred to the 

Committee on Agriculture 

A BILL 

To amend the Food, Conservation, and Energy Act of 2008 

to reauthorize the Farm and Ranch Stress Assistance 

Network. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Farmers First Act of 

5 2023’’. 

6 SEC. 2. FARM AND RANCH STRESS ASSISTANCE NETWORK. 

7 Section 7522 of the Food, Conservation, and Energy 

8 Act of 2008 (7 U.S.C. 5936) is amended— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 6379 IH

1 (1) in subsection (b)(1)(A), by inserting ‘‘, in2 cluding crisis lines’’ before the semicolon at the end; 

3 (2) in subsection (d), by striking ‘‘$10,000,000 

4 for each of fiscal years 2019 through 2023’’ and in5 serting ‘‘$15,000,000 for each of fiscal years 2024 

6 through 2028’’; and 

7 (3) by striking subsection (e) and inserting the 

8 following: 

9 ‘‘(e) REFERRALS TO PROVIDERS.—As part of the ef10 forts of the recipient of a grant under subsection (a) to 

11 connect individuals to behavioral health counseling and 

12 wellness support and to ensure individuals have access to 

13 a comprehensive scope of mental health and substance use 

14 treatments and supports, when applicable, the grant re15 cipient may establish referral relationships with— 

16 ‘‘(1) certified community behavioral health clin17 ics described in section 223 of the Protecting Access 

18 to Medicare Act of 2014 (42 U.S.C. 1396a note; 

19 Public Law 113–93); 

20 ‘‘(2) health centers (as defined in section 

21 330(a) of the Public Health Service Act (42 U.S.C. 

22 254b(a))); 

23 ‘‘(3) rural health clinics (as defined in section 

24 1861(aa) of the Social Security Act (42 U.S.C. 

25 1395x(aa))); 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 6379 IH

1 ‘‘(4) Federally qualified health centers (as de2 fined in that section); and 

3 ‘‘(5) critical access hospitals (as defined in sec4 tion 1861(mm) of the Social Security Act (42 

5 U.S.C. 1395x(mm))).’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
#### The People of the State of New York, Respondent, *v.*Peter Reynolds, Appellant.

Submitted November 15, 1943;

decided November 19, 1943.

*Samuel J. Foley, District Attorney (George Tilzer*of counsel), for motion to dismiss appeal.

*Peter Reynolds,*in person, for motion for leave to appeal.

Motion to dismiss appeal granted and appeal dismissed on the ground that no direct appeal to this court lies from the order appealed from.

Motion for permission to appeal under section 588 of the Civil Practice Act and for permission to file briefs in typewritten form, denied.
City Court of Brooklyn—General Term.

Filed April 27, 1891.

#### De Lacy *v.*The City of Brooklyn.

Motion denied, without costs. Van Wyck, J., not sitting.
11 TH C OURT OF A PPEALS

E ASTLAND

, T EXAS

J UDGMENT

In the interest of D.C., a child, * From the 29th District

Court of Palo Pinto County,

Trial Court No. C44764.

No. 11

- 13

- 00197

- CV * January 3, 2014

* Memorandum Opinion by Willson, J.

(Panel consists of: Wright, C. J.,

Willson , J. , and Bailey, J. )

This court has inspected the record in this cause and concludes that there is

error in the order below. Therefore, in accordance with this court ’ s opinion, the

order of the trial court is modified to delete paragraphs 6.2.1, 6.2.2, and 6.2.5 ; as

modified, the order of the trial court is affirmed.
I 

118TH CONGRESS 

1ST SESSION H. R. 6752 

To require prompt reporting of any incident in which the Armed Forces 

are involved in an attack or hostilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2023 

Mr. GALLEGO introduced the following bill; which was referred to the 

Committee on Foreign Affairs 

A BILL 

To require prompt reporting of any incident in which the 

Armed Forces are involved in an attack or hostilities, 

and for other purposes. 

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

3 SECTION 1. REPORT ON HOSTILITIES INVOLVING UNITED 

4 STATES ARMED FORCES. 

5 (a) IN GENERAL.—Not later than 48 hours after any 

6 incident in which the United States Armed Forces are in7 volved in an attack or hostilities, whether in an offensive 

8 or defensive capacity, the President shall transmit to the 

9 congressional defense committees, the Committee on For10 eign Relations of the Senate, and the Committee on ForVerDate Sep 11 2014 23:08 Jan 02, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6752.IH H6752

kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 6752 IH

1 eign Affairs of the House of Representatives a report on 

2 the incident, unless the President— 

3 (1) otherwise reports the incident within 48 

4 hours pursuant to section 4 of the War Powers Res5 olution (50 U.S.C. 1543); or 

6 (2) has determined prior to the incident, and so 

7 reported pursuant to section 1264 of the National 

8 Defense Authorization Act for Fiscal Year 2018 (50 

9 U.S.C. 1549), that the United States Armed Forces 

10 involved in the incident would be operating under 

11 specific statutory authorization within the meaning 

12 of section 5(b) of the War Powers Resolution (50 

13 U.S.C. 1544(b)). 

14 (b) MATTERS TO BE INCLUDED.—Each report re15 quired by subsection (a) shall include— 

16 (1) the authority or authorities under which the 

17 United States Armed Forces were operating when 

18 the incident occurred; 

19 (2) the date, location, and duration of the inci20 dent and the other parties involved; 

21 (3) a description of the United States Armed 

22 Forces involved in the incident and the mission of 

23 such Armed Forces; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 6752 IH

1 (4) the numbers of any combatant casualties 

2 and civilian casualties that occurred as a result of 

3 the incident; and 

4 (5) any other information the President deter5 mines appropriate. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Exhibit
32.2





CERTIFICATION
OF CO-CHIEF EXECUTIVE OFFICER


PURSUANT
TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002





I,
Michael A. Reisner, Co-Chief Executive Officer and Co-President of ICON Capital
Corp., the Manager of the Registrant, in connection with the Annual Report of
ICON Leasing Fund Twelve, LLC (the “LLC”) on Form 10-K for the year
ended December 31, 2008, as filed with the Securities and Exchange
Commission on the date hereof (the “Annual Report”) certify, pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that:





1.
            The
      Annual 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 the Annual Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the LLC.





Date:
March 30, 2009





/s/Michael A. Reisner___


Michael
A. Reisner


Co-Chief
Executive Officer and Co-President


ICON
Capital Corp.


Manager
of ICON Leasing Fund Twelve, LLC
#### The People of the State of New York, Respondent, *v.*Morris Pletman, Appellant.

Submitted October 22, 1943;

decided December 2, 1943.

*748
      *Sydney B. Snitkm*and *Saul Pearce*for appellant.

*Frank S. Hogan, District Attorney (Ferdinand J. Wolf*and *Stanley H. Fuld*of counsel), for respondent.

Judgment affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thaoher, JJ..
EXHIBIT 99.10 VIA EDGAR  TO: United States Securities and Exchange Commission  Re: Asanko Gold Inc. (the "Company") Annual Report on Form 40-F Consent of Expert This consent is provided in connection with the Company's annual report on Form 40-F for the financial year ended December 31, 2013, and any amendments thereto (the Annual Report), as filed by the Company with the United States Securities and Exchange Commission.  The Annual Report incorporates by reference, among other things, the Companys Annual Information Form for the financial year ended December 31, 2013 (the Annual Information Form). I, Andrew Neil Clay, DO HEREBY CONSENT, to:  · the use of my name and the disclosure of my involvement in the preparation of the information provided for the Esaase Project from page 53 to 74 only, that form the basis for disclosure of a technical and scientific nature related to the Companys Esaase Gold Project, Ghana, contained in the Annual Information Form, and  · the inclusion and incorporation by reference of such information in the Annual Report.  Dated March 28, 2014 [exhibit9910002.gif] __________________________ A.N.Clay M.Sc. (Geol.), M.Sc. (Min. Eng.), Dip. Bus. M. Pr Sci Nat, MSAIMM, FAusIMM, FGSSA, MAIMA, M.Inst.D, AAPG Managing Director Venmyn Deloitte (Pty) Limited
# Official Journal C 7/2014

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2014.007.eng |
| --- | --- |
| Official Journal
  of the European Union | C 7 |
| | |
| English edition | Information and Notices | Volume 5710 January 2014 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2014.007.eng

Official Journal

of the European Union

C 7

English edition

Information and Notices

Volume 5710 January 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM MEMBER STATES |
| 2014/C 007/01 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM MEMBER STATES

2014/C 007/01

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

1

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2014/C 007/02 | State aid — Germany — State aid No SA. 35484 (2013/C) (ex SA.35484 (2012/NN)) — Milk and Fat Law — Invitation to submit comments pursuant to Article 108(2) of the Treaty on the Functioning of the European Union (1) | 8 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2014/C 007/02

State aid — Germany — State aid No SA. 35484 (2013/C) (ex SA.35484 (2012/NN)) — Milk and Fat Law — Invitation to submit comments pursuant to Article 108(2) of the Treaty on the Functioning of the European Union (1)

8

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| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN