alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 20

- 40058 Summary Calendar

**United States of America,** Plaintiff

— Appellee **,**

versus **Quintil Cabanas**

**- Castaneda,**  Defendant

— Appellant

**.**

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:19

- CR

- 1659

- 1

Before **Smith, Stewart,** and **Graves,** Circuit Judges

. **Per Curiam :**  *
The Federal Public Defender appointed to represent Quintil Cabanas

Castaneda has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Cabanas

- Castaneda has filed a response. We have

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 9, 2021 Lyle W. Cayc e Clerk Case: 20-40058 Document: 00515970160 Page: 1 Date Filed: 08/09/2021No. 20

- 40058

2 reviewed counsel’s brief and the relevant portions of the record reflected therein , as well as Cabanas

- Castaneda ’s response . We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellat e review. Accordingly, counsel’s motion for leave to withdraw is **GRANTED** , counsel is excused from further responsibilities herein, and the appeal is **DISMISSED**

. See **5th Cir. R**

**.** 42. 2. Case: 20-40058 Document: 00515970160 Page: 2 Date Filed: 08/09/2021
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.                  

###### Federal Retirement Thrift Investment Board

# DATES:

March 22, 2022 at 10 a.m.

# ADDRESSES:

                        Telephonic. Dial-in (listen only) information: Number: 1- 202-599-1426, Code: 614 746 295#; or via web:                         *https://teams.microsoft.com/​l/​meetup-join/​19%3ameeting_​ZWZmZDI2MGEtYjEwNi00MzczLWI5YTctODJmYTdjN2ZlYzZm%40thread.v2/​0?​context=​%7b%22Tid%22%3a%223f6323b7-e3fd-4f35-b43d-1a7afae5910d%22%2c%22Oid%22%3a%227c8d802c-5559-41ed-9868-8bfad5d44af9%22%7d*.                    

# FOR FURTHER INFORMATION CONTACT:

Kimberly Weaver, Director, Office of External Affairs, (202) 942-1640.

# SUPPLEMENTARY INFORMATION:

Board Meeting Agenda

## Open Session

1. Approval of the February 23, 2022 Board Meeting Minutes

2. Monthly Reports

(a) Participant Activity Report

(b) Investment Performance

(c) Legislative Report

3. Quarterly Report

(d) Vendor Risk Management

4. Enterprise Risk Management Update

5. Internal Audit Update

6. Converge Update

## Closed Session

7. Information covered under 5 U.S.C. 552b(c)(9)(B) and 552b(c)(10).

*Authority:*5 U.S.C. 552b (e)(1).                

Dated: March 9, 2022.

Dharmesh Vashee,

General Counsel, Federal Retirement Thrift Investment Board.

[FR Doc. 2022-05319 Filed 3-11-22; 8:45 am]

BILLING CODE P
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

CEDRIC LAVERT DAVIDSON,

 Appellant,

v.

THE STATE OF TEXAS,

 Appellee.

§

§

§

§

§

 § 

No. 08-08-00138-CR

Appeal from the

363rd District Court

of Dallas County, Texas

(TC# F-0725106-W)

MEMORANDUM OPINION

Pending before the Court is Appellant’s motion to dismiss this appeal pursuant to TEX. R.

APP. P. 42.2(a), which states that:

At any time before the appellate court’s decision, the appellate court may dismiss the

appeal upon the appellant’s motion. The appellant and his or her attorney must sign

the written motion to dismiss and file it in duplicate with the appellate clerk, who

must immediately send the duplicate copy to the trial court clerk.

Appellant and his attorney have filed and signed the motion to dismiss. This Court has not

issued an opinion in this cause, and the Clerk of this Court has forwarded a duplicate of this motion

to the District Clerk of Dallas County, Texas. As Appellant has complied with the requirements of

Rule 42.2(a), the Court has considered this cause on Appellant’s motion and concludes the motion

should be granted, and the appeal should be dismissed.

We therefore dismiss the appeal.

GUADALUPE RIVERA, Justice
December 18, 2008

Before Chew, C.J., McClure, and Rivera, JJ.

(Do Not Publish)
FILED IN12th COURT OF APPEALS        TYLER, TEXAS  5/1/2015 4:18:29 PM        CATHY S. LUSK                Clerk
#### UNITED STATES of America, Plaintiff-Appellee v. Tares Terrell HEARN, Defendant-Appellant

No. 17-30171 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed November 24, 2017

Camille Ann Domingue, Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Louisiana, Lafayette, LA, Brandon Bonaparte Brown, U.S. Attorney’s Office, Western District of Louisiana, Shreveport, LA, for Plaintiff-Appellee

Tares Terrell Hearn, Pro Se

Before KING, ELROD, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Tares Terrell Hearn has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir. 2011). Hearn has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

However, the judgment contains an apparent typographical error in listing the statutes under which Hearn was convicted. We therefore REMAND to the district court for correction of this clerical error. *See*Fed. R. Cbim. P. 36.

*

 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.
Exhibit 31.1

CERTIFICATION

I, Brian Roberts, certify that;

(1)         I have reviewed this report on Form 10-KSB for the year ended August 31, 2007 of Ruby Creek Resources Inc.;

(2)         Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

(3)         Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;

(4)         The small business issuer's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:

(a)         designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b)         evaluated the effectiveness of the small business issuer's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

(c)         disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and

(5)         The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of the internal control over financial reporting, to the small business issuer's auditors and the audit committee of small business issuer's board of directors (or persons performing the equivalent functions):

(a)         all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and 

(b)         any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.  

Date: November 23, 2007.

By:  *"Brian Roberts"                                    
Name:    Brian Roberts*
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 859 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 859

    To establish terrorist lookout committees in each United States 
                                Embassy.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 May 25 (legislative day, May 15), 1995

   Ms. Snowe introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
    To establish terrorist lookout committees in each United States 
                                Embassy.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. TERRORIST LOOKOUT COMMITTEES.

    (a) Establishment.--(1) Not later than 30 days after the date of 
enactment of this Act, the Secretary of State shall establish within 
each United States Embassy a Terrorist Lookout Committee, which shall 
include the head of the political section and senior representatives of 
all United States law enforcement agencies under the authority of the 
chief of mission.
    (2) Each Committee shall be chaired by the respective deputy chief 
of mission, with the head of the consular section as vice chair.
    (b) Meetings.--Each Terrorist Lookout Committee established under 
subsection (a) shall meet at least monthly and shall maintain records 
of its meetings. Upon the completion of each meeting, each Committee 
shall report to the Department of State all names submitted for 
inclusion in the visa lookout system.
    (c) Certification.--If no names are submitted upon completion of a 
meeting under subsection (b), the deputy chief of mission shall certify 
to the Secretary of State, subject to potential application the 
Accountability Review Board provisions of title III of the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986, that none of the 
relevant sections of the United States Embassy had knowledge of the 
identity of any individual eligible for inclusion in the visa lookout 
system for possible terrorist activity.
    (d) Report.--The Secretary of State shall submit a report on a 
quarterly basis to the Committee on Foreign Relations of the Senate and 
the Committee on International Relations of the House of 
Representatives on the status of the Terrorist Lookout Committees.
                                 <all>
```
Exhibit 35

ITEM 1123 CERTIFICATION

I, Laura Cawley, Vice President of U.S. Bank National Association
(the Servicer), hereby certify that:

(1) A review of the activities of the Servicer during the fiscal year covered by this annual
report on Form 10-K and of the performance of the Servicer under the Standard Terms for Trust Agreement, dated as of November 9, 2006, between the Servicer and the depositor (the Agreement) has been made under my supervision;

and

(2) To the best of my
knowledge, based on such review, the Servicer has fulfilled all its obligations under the Agreement in all material respects throughout the reporting period, or, if there has been a failure to fulfill any such obligation in any material respect, I
have specified below each such failure known to me and the nature and status thereof.

Date: March 30, 2012



|                
|----------------
|/s/ Laura Cawley
|Laura Cawley    
|Vice President
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains financial information extracted from Balance Sheet,
Statement of Operations, Statement of Cash Flows and Notes thereto, incorporated
in Part I, Item 1. of this Form 10-QSB and is qualified in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          96,222
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                     22,906
<CURRENT-ASSETS>                               169,128
<PP&E>                                           3,953
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 354,324
<CURRENT-LIABILITIES>                          637,485
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,922
<OTHER-SE>                                  17,457,790
<TOTAL-LIABILITY-AND-EQUITY>                   354,324
<SALES>                                         70,240
<TOTAL-REVENUES>                                70,240
<CGS>                                           67,078
<TOTAL-COSTS>                                   67,078
<OTHER-EXPENSES>                               981,701
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             515,098
<INCOME-PRETAX>                            (1,493,637)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,493,637)
<DISCONTINUED>                                  73,862
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,419,775)
<EPS-BASIC>                                     (0.16)
<EPS-DILUTED>                                   (0.16)



</TABLE>
# EUR-Lex - 32003D0161 - EN

Avis juridique important

*|*

# 32003D0161

**2003/161/EC: Commission Decision of 7 March 2003 fixing for the year 2003 an indicative allocation between the Member States of the financing under the Community Tobacco Fund of the measures referred to in Articles 13 and 14 of Regulation (EC) No 2182/2002 (notified under document number C(2003) 704) **

*
Official Journal L 065 , 08/03/2003 P. 0031 - 0032 *

Commission Decision

of 7 March 2003

fixing for the year 2003 an indicative allocation between the Member States of the financing under the Community Tobacco Fund of the measures referred to in Articles 13 and 14 of Regulation (EC) No 2182/2002

(notified under document number C(2003) 704)

(2003/161/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco(1), as last amended by Regulation (EC) No 546/2002(2), and in particular Article 14a thereof,

Whereas:

(1) Articles 13 and 14 of Commission Regulation (EC) No 2182/2002 of 6 December 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund(3), provide for measures to promote a switch of tobacco production. Those measures are to be financed by the Community Tobacco Fund set up by Article 13 of Regulation (EEC) No 2075/92.

(2) The total amount available to the Community Tobacco Fund for 2003 is EUR 19 million, half of which should be used to finance specific measures to help tobacco growers to switch to other crops or to other economic activities that create employment, and to fund related studies.

(3) It is therefore necessary to fix the allocation to the Member States concerned of the available amount in accordance with Article 17(2) of Regulation (EC) No 2182/2002.

(4) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Tobacco,

HAS ADOPTED THIS DECISION:

Article 1

For the year 2003, the indicative allocations between the Member States of the financing under the Community Tobacco Fund of the measures referred to in Articles 13 and 14 of Regulation (EC) No 2182/2002 shall be as set out in the Annex.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 7 March 2003.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ L 215, 30.7.1992, p. 70.

(2) OJ L 84, 28.3.2002, p. 4.

(3) OJ L 331, 7.12.2002, p. 16.

ANNEX

The indicative allocations to Member States of the financing under the Community Tobacco Fund for the year 2003

>TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DUNG TUAN DANG, AKA Dung Dang, 

Petitioner,

 v.

MERRICK B. GARLAND, Attorney

General, 

Respondent.

No. 20-72093

Agency No. A042-490-433

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Argued and Submitted September 14, 2021

San Francisco, California

Before: WALLACE, SCHROEDER, and FORREST, Circuit Judges.

Petitioner Dung Dang, a citizen of Vietnam, petitions for review of the

decision of the Board of Immigration Appeals denying his request for withholding

of removal and for deferral of removal under the Convention Against Torture.

FILED

OCT 4 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.
The Board denied withholding of removal, concluding that Petitioner was

ineligible for such relief because his California conviction of assault with means to

cause great bodily injury was a “particularly serious crime.” 8 U.S.C.

§ 1231(b)(3)(B)(ii); 8 C.F.R. § 1208.16(d)(2). Petitioner does not dispute the

conviction or the nature of his actions, but contends that the immigration judge

failed to consider his underlying mental health disorders, including depression and

substance abuse. See Gomez-Sanchez v. Sessions, 892 F.3d 985, 996 (9th Cir.

2018) (holding that courts may consider mental health evidence when determining

if a conviction is a “particularly serious crime”). The immigration judge expressly

referred, however, to Petitioner’s substance abuse, loneliness, and depression, and

concluded that the nature of the offense—involving property damage and threat of

violent injury—nevertheless rendered Petitioner ineligible for withholding. This

court cannot re-weigh the evidence to reach a different conclusion as to the

seriousness of the crime. See Avendano-Hernandez v. Lynch, 800 F.3d 1072, 1077

(9th Cir. 2015).

Petitioner failed to show that he had suffered torture in the past or that it was

more likely than not that he would be tortured at the hands of the government or

with its acquiescence. See 8 C.F.R. § 1208.16(c)(2); 8 C.F.R. § 1208.18(a)(1). 

The record, at most, establishes that Amerasians have been severely discriminated

2
against in Vietnam. No evidence pertaining to Petitioner himself suggests any

likelihood of torture. See Dhital v. Mukasey, 532 F.3d 1044, 1051-52 (9th Cir.

2008) (denying CAT relief because petitioner had shown that torture takes place in

the proposed country of removal but had not shown that petitioner specifically

would be tortured).

Petitioner’s challenge to the jurisdiction of the Immigration Court is

foreclosed by Aguilar Fermin v. Barr, 958 F.3d 887, 894 (9th Cir. 2020).

The temporary stay of removal remains in effect until the mandate issues. 

The motion for stay of removal is otherwise denied.

The petition for review is DENIED. 

3
**Exhibit 35.1**

** **

**WASHINGTON MUTUAL BANK**

** **

**OFFICER’S CERTIFICATEANNUAL STATEMENT OF COMPLIANCE**

 

            I, H. John Berens, an authorized officer of Washington Mutual Bank (the “Servicer”), do hereby certify toWaMu Asset Acceptance Corp. (the “Depositor”), pursuant to the Pooling and Servicing Agreement dated as of November 1, 2006 (as amended, the “Servicing Agreement”) by and between the Depositor, the Servicer, LaSalle Bank,National Association, as Trustee, and Christiana Bank & Trust Company, as Delaware Trustee, the following with respect to Washington Mutual Asset-Backed Certificates Series 2006-HE5 Trust for the 2006 fiscal year (the “RelevantYear”):

 

 

1.        A review of the activities of the Servicer during the Relevant Year and of performance under the ServicingAgreement has been made under my supervision.

2.        To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under theServicing Agreement in all material respects throughout the Relevant Year.

 

 

Dated as of February 22, 2007.

                                                                       

                                                                           /s/H. John Berens
| ___________________________________________

Name:  H. John Berens

Title:    Senior Vice President |
|-------------------------------------------------------------------------------------------------------------------------|