alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed 8 /18/ 23 P. v. Washington CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE,

Plaintiff and Respondent,

v.

RODERICK N.

WASHINGTON,

Defendant and Appellant. 2d Crim. No. B327192

(Super. Ct. No. CR31586)

(Ventura County)

Roderick N. Washington appeals from the trial court’s

denial of his motion to vacate a conviction allegedly obtained due

to racial bias . ( Pen. Code, 1 § § 745, 1 473.7, subd. (a)(3) .)

In 1993, Washington pleaded no contest to grand theft of a

vehicle (§ 487, former subd. (3)), and admitted that he had

previously been convicted of that offense (§ 666.5, subd. (a)) and

served a prior prison term (§ 667.5, former subd. (b)). The trial

court sentenced him to four years in state prison.

1 Statutory references are to the Penal Code.2 In 2022, Washington moved to vacate his conviction

pursuant to sections 745 and 1473.7, 2 alleging it was obtained

due to racial bias in the proceedings. The trial cou rt denied the

motion, finding that the provisions of section 745 did not apply to

Washington.

We appointed counsel to represent Washington in this

appeal. After examining the record, counsel filed an opening

brief that raises no arguable issues. ( See Pe ople v. Delgadillo

(2022) 14 Cal.5th 216, 231

- 232.) Washington then filed a

supplemental brief . ( See i d. at p. 232.) In it, he contends the

trial court should have granted his motion and allowed him to

discover documents that would purportedly support h is claim of

racial bias. But as that court explained, the provisions of section

745 do not yet apply to Washington. (See § 745, subd. (j)(5)

[section does not apply to cases like Washington’s until January

1, 2026]. 3 ) And our independent review of th e r ecord reveals that

no other arguable issue exists. ( Delgadillo , at p. 232.)

2 Washington erroneously refers to section 1473.7 as section

1473.1 in his motion.

3 From the return address on his supplemental brief, it

appears that Washington is now incarcerated i n the Los Angeles

County Jail. If he remains incarcerated on January 1, 2024, he

may raise the contentions in his motion to vacate his conviction

pursuant to section 1473.7, subdivision (a)(3), in a petition for

writ of habeas corpus filed pursuant to sec tion 1473, subdivision

(f). (See § 745, subd. (j)(3).)3 DISPOSITION

The trial court’s order denying Washington ’s motion to

vacate his conviction , entered January 9, 2023

, is affirmed.

NOT TO BE PUBLISHED.

BALTODANO, J.

We c oncur:

GILBERT, P. J.

YEGAN, J.Gilbert A. Romero, Judge

Superior Court County of Ventura

______________________________

Heather E. Shallenberger, under appointment by the Court

of Appeal, for Defendant and Appellant.

No appearance for Plain tiff and Respondent.
#### UNITED STATES of America, Plaintiff-Appellee, v. Kemuel Cornelius MINGO, Defendant-Appellant.

No. 13-7156

United States Court of Appeals, Fourth Circuit.

Submitted: June 23, 2017

Decided: January 11, 2018

Kemuel Cornelius Mingo, Appellant Pro Se. Robert John Gleason, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina; Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Before GREGORY, Chief Judge, and WILKINSON and KING, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Kemuel Cornelius Mingo sought relief from his sentence pursuant to 28 U.S.C. §§ 2241,2255 (2012), and through petitions for writ of error coram nobis and audita querela. The district court denied relief, and Mingo appeals.

To the extent that Mingo seeks to appeal that portion of the district court’s order denying relief under § 2255, the order is not appealable unless a circuit justice or judge issues a certificate of appeal-ability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional light.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the *141district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Mingo has not made the requisite showing. Accordingly, we deny a certifícate of appeala-bility and dismiss this portion of the appeal.

With respect to the remaining grounds for relief, we have reviewed the record and found no reversible error. Accordingly, we affirm on the reasoning of the district court. *United States v. Mingo,*Nos. 3:03-cr-00014-RLV-CH-1; 3:12-cv-00235-RLV; 3:09-cv-00056-RLV (W.D.N.C. May 30, 2013).

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED IN PART; DISMISSED IN PART*
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee, 

 v. 

JOSE ANTONIO DELEON-JUAREZ, 

 Defendant-Appellant.

No. 21-50243 

D.C. No. 

3:20-cr-02034-LAB-1 

MEMORANDUM* 

Appeal from the United States District Court

for the Southern District of California

Larry A. Burns, District Judge, Presiding

Submitted February 14, 2023**

 

Pasadena, California

Before: O’SCANNLAIN, HURWITZ, and BADE, Circuit Judges.

Jose Deleon-Juarez challenges the 70-month sentence imposed following his 

guilty plea for being a removed alien found in the United States, in violation of 8 

U.S.C. § 1326. Because the facts are known to the parties, we repeat them only as 

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

except as provided by Ninth Circuit Rule 36-3.

 

 ** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

FEB 22 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 

necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291, and 

we affirm.

Jose Deleon-Juarez claims for the first time on appeal that the government 

breached the plea agreement. Deleon-Juarez and the government dispute whether

Deleon-Juarez waived his right to challenge the government’s alleged breach on 

appeal, and whether the government’s conduct constituted a breach. 

Even assuming no waiver, Deleon-Juarez has not shown that any alleged 

breach amounted to plain error. See United States v. Gonzalez-Aguilar, 718 F.3d 

1185, 1187 (9th Cir. 2013). “Relief for plain error is available if there has been (1) 

error; (2) that was plain; (3) that affected substantial rights; and (4) that seriously 

affected the fairness, integrity, or public reputation of the judicial 

proceedings.” United States v. Cannel, 517 F.3d 1172, 1176 (9th Cir. 2008). To 

conclude that a defendant’s substantial rights were affected, “there must be a 

reasonable probability that the error affected the outcome of the sentencing.” United

States v. Whitney, 673 F.3d 965, 972 (9th Cir. 2012) (simplified).

At sentencing, the district court focused on Deleon-Juarez’s prior convictions 

for immigration offenses and his failure to be deterred by previous sentences. The 

district court expressly rejected the 51-month sentence requested by the government 

as insufficient to deter Deleon-Juarez. Under these circumstances, there is no 
3 

reasonable probability that the alleged breach affected the court’s sentencing 

determination. See Gonzalez-Aguilar, 718 F.3d at 1188–89.

The judgment of the district court is AFFIRMED.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 52 Engrossed in Senate (ES)]

  2d Session
S. CON. RES. 52

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas many States have encouraged and facilitated the creation of senior 
        citizen legislative and advocacy bodies;
Whereas in creating such bodies such States have provided to many older 
        Americans the opportunity to express concerns, promote appropriate 
        interests, and advance the common good by influencing the legislation 
        and actions of State government; and
Whereas a National Silver Haired Congress, with representatives from each State, 
        would provide a national forum for a nonpartisan evaluation of 
        grassroots solutions to concerns shared by an increasing number of older 
        Americans: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That the Congress hereby recognizes and encourages the convening of an 
annual National Silver Haired Congress in the District of Columbia.

            Passed the Senate August 2, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                            S. CON. RES. 52

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 To recognize and encourage the convening of a National Silver Haired 
                               Congress.
```
# 13-35328 Engelhardt v. Colvin

Kozinski, Chief Judge; Fernandez and Fisher, Circuit Judges

null

1047.5968

eng - iTunPGAP0��

eng - iTunNORM 000000D1 00000000 00002BE9 00000000 0008E50A 00000000 00007CFC 00000000 000F829C 00000000�

eng - iTunSMPB 00000000 00000210 000004B0 0000000001606800 00000000 003FEBAD 00000000 00000000 00000000 00000000 00000000 00000000�
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENTS OF INCOME AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          32,974
<SECURITIES>                                         0
<RECEIVABLES>                                   51,574
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<INVENTORY>                                        306
<CURRENT-ASSETS>                                87,033
<PP&E>                                         173,770
<DEPRECIATION>                                  30,034
<TOTAL-ASSETS>                                 283,836
<CURRENT-LIABILITIES>                           21,629
<BONDS>                                              0
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<OTHER-SE>                                     110,067
<TOTAL-LIABILITY-AND-EQUITY>                   283,836
<SALES>                                        114,588
<TOTAL-REVENUES>                               114,588
<CGS>                                          102,863
<TOTAL-COSTS>                                  102,863
<OTHER-EXPENSES>                               (1,244)
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<INCOME-PRETAX>                                  6,296
<INCOME-TAX>                                     2,343
<INCOME-CONTINUING>                              3,953
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,953
<EPS-PRIMARY>                                      .35
<EPS-DILUTED>                                      .35
        

</TABLE>
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 161 Agreed to Senate (ATS)]

  1st Session
S. RES. 161

To make available to the senior Senator from Mississippi, during his or 
 her term of office, the use of the desk located in the Senate Chamber 
                  and used by Senator Jefferson Davis.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               August 8 (legislative day, July 10), 1995

    Mr. Cochran (for himself and Mr. Lott) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
To make available to the senior Senator from Mississippi, during his or 
 her term of office, the use of the desk located in the Senate Chamber 
                  and used by Senator Jefferson Davis.
    Resolved, That during the One Hundred Fourth Congress and each 
Congress thereafter, the desk located within the Senate Chamber and 
used by Senator Jefferson Davis shall, at the request of the senior 
Senator from the State of Mississippi, be assigned to such Senator, for 
use in carrying out his or her senatorial duties during that Senator's 
term of office.
                                 <all>
```
# Line 4

North Pots 72 - 49 Pots 48 - 25 Pots 24 - 1

Pots 72 - 49 Pots 48 - 25 Pots 24 - 1 

## Room 18

Room 16 11N 

## 11S BH 

## 11 10 NW 12S 10 NE 10 SE BH 

## 10

Pots 72 - 49 Pots 48 - 25 Pots 24 - 1

Pots 72 - 49 Pots 48 - 25 Pots 24 - 1 

## Room 14

Room 12 8N 8S ESP 

# Line 3 BH 

## 12

50 60 

## 12N 12C 10 SW

Opsis HF LOA Air Flow LOA Air Flow

AC



## BH

7 AC AC AC AC AC AC AC 7-6 15 - 14 23 -22 31 -30 43 -42 51 -50 59 -58 67-66 Monitor

Method 14



## 7N 7S ESP 9N 9S ESP 

## 7NW 7SWNorth 

# Line 8

Pots 80 - 61 Pots 40 - 21 Pots 20 - 1 Pots 60 - 41

Pots 80 - 61 Pots 60 - 41 Pots 40 - 21 Pots 20 - 1 86W 85W 84W 83W 82W 81W 81E 82E 83E 84E 85E 86E

Pots 80 - 61 Pots 40 - 21 Pots 20 - 1 Pots 60 - 41

Pots 80 - 61 Pots 60 - 41 Pots 40 - 21 Pots 20 - 1 76W 75W 74W 73W 72W 71W 71E 72E 73E 74E 75E 76E 

# Line 7 Room 134

Room 132

Room 130

Room 128 66 57 LOA Air Flow
LOA Air Flow Opsis HF

AC AC AC AC AC AC AC AC 73 -72 65 - 64 57-56 41 -40 33 -32 25 -24 17- 16 9 - 8

Monitor Method 14
* 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. 95-60440 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus HUBERT C. FUNCHESS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 3:93-CR-114WN-3

- - - - - - - - - - August 5, 1996 Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.
PER CURIAM: * Hubert C. Funchess appeals his convictions of conspiracy to possess with intent to distribute cocaine and use of a communication facility in furtherance of a drug crime, in violation of 21 U.S.C. §§ 843(b), 846. Funchess contends that the district court erred by allowing the introduction of audio tapes and testimony regarding other criminal acts, that the jury verdict was not supported by the evidence, and that he receivedNo. 95-60440 - 2 - ineffective assistance of trial counsel. Our review of the record and the arguments and authorities convince us that no reversible error was committed. The Government properly authenticated the audio tapes. See United States v. Polk , 56 F.3d 613, 631 (5th Cir. 1995). The testimony of previous criminal activity was intrinsic because it was "`inextricably intertwined' with the evidence used to prove [the] crime[s] charged." See United States v. Coleman , 78 F.3d 154, 156 (5th Cir. 1996). The evidence was sufficient to prove the charged crimes. See Polk , 56 F.3d 613, 628; United States v. Crain , 33 F.3d 480, 487-88 (5th Cir. 1994), cert. denied , 115 S. Ct. 1142 (1995); United States v. Gonzales-Rodriguez , 966 F.2d 918, 921 (5th Cir. 1992). This court may "resolve claims of constitutional ineffective assistance of counsel on direct appeal only in the rare case where the record permits a fair evaluation of the merits of the claim." United States v. Crooks , 83 F.3d 103, 108 (5th Cir. 1996). Because the record before us does not so permit, we decline to reach the merits of this claim.
AFFIRMED.
# C_2005093EN.01000102.xml

| 16.4.2005 | EN | Official Journal of the European Union | C 93/1 |
| --- | --- | --- | --- |

16.4.2005

EN

Official Journal of the European Union

C 93/1

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 17 February 2005

in Joined Cases C-453/02 and C-462/02: (references for a preliminary ruling from the Bundesfinanzhof) Finanzamt Gladbeck v Edith Linneweber and Finanzamt Herne-West v Savvas Akritidis (1)

1

(Sixth VAT Directive - Exemption for games of chance - Determination of the conditions and limitations to which the exemption is subject - Liability of games organised outside public casinos - Respect for the principle of fiscal neutrality - Article 13B( f) - Direct effect)

(2005/C 93/02)

Language of the case: German

In Joined Cases C-453/02 and C-462/02: references for a preliminary ruling under Article 234 EC from the Bundesfinanzhof (Germany), made by decisions of 6 November 2002, received at the Court on 13 and 23 December 2002, in the proceedings Finanzamt Gladbeck v Edith Linneweber (C-453/02 and Finanzamt Herne-West v Savvas Akritidis (C-462/02) – the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, C. Gulmann and R. Schintgen (Rapporteur) Judges; C. Stix-Hackl, Advocate General; M.F. Contet, Administrator, for the Registrar, gave a judgment on 17 February 2005, the operative part of which is as follows:

| 1. | Article 13B(f) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment precludes national legislation which provides that the operation of all games of chance and gaming machines is exempt from VAT where it is carried out in licensed public casinos, while the operation of the same activity by traders other than those running casinos does not enjoy that exemption. |
| --- | --- |

1.

Article 13B(f) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment precludes national legislation which provides that the operation of all games of chance and gaming machines is exempt from VAT where it is carried out in licensed public casinos, while the operation of the same activity by traders other than those running casinos does not enjoy that exemption.

| 2. | Article 13B(f) of the Sixth Directive has direct effect in the sense that it can be relied on by an operator of games of chance or gaming machines before national courts to prevent the application of rules of national law which are inconsistent with that provision. |
| --- | --- |

2.

Article 13B(f) of the Sixth Directive has direct effect in the sense that it can be relied on by an operator of games of chance or gaming machines before national courts to prevent the application of rules of national law which are inconsistent with that provision.

---

(1)  OJ C 70 of 22.03.2003.

1

---
Exhibit
      32.1





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 report of Fuqi International, Inc. (the “Company”) on Form
      10-K for the period ending December 31, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), each of the
      undersigned, in the capacities and on the dates indicated below, hereby
      certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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 results of operations of the Company.








/s/
      Yu Kwai Chong





Yu Kwai
      Chong


Chief
      Executive Officer and President


April
      17,
      2007





/s/
      Ching
      Wan Wong





Ching
      Wan
      Wong


Chief
      Financial Officer


April
      17,
      2007





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

104TH CONGRESS

2D SESSION S. RES. 232

To commend Jean Schrag Lauver for her long, dedicated, and exemplary

service to the United States Senate Committee on Environment and

Public Works.

IN THE SENATE OF THE UNITED STATES

MARCH 18, 1996

Mr. CHAFEE (for himself, Mr. BAUCUS, Mr. WARNER, Mr. SMITH, Mr.

FAIRCLOTH, Mr. KEMPTHORNE, Mr. INHOFE, Mr. THOMAS, Mr. MCCONNELL, Mr. BOND, Mr. MOYNIHAN, Mr. LAUTENBERG, Mr. REID, Mr.

GRAHAM, Mr. LIEBERMAN, and Mrs. BOXER) submitted the following

resolution; which was considered and agreed to

RESOLUTION

To commend Jean Schrag Lauver for her long, dedicated,

and exemplary service to the United States Senate Committee on Environment and Public Works.

Whereas Jean Lauver has expertly served the Committee on

Environment and Public Works over the past twenty-one

years, both as a majority and minority professional staff

person;

Whereas Jean Lauver has helped shape Federal infrastructure policy for over two decades;

Whereas Jean Lauver has at all times discharged the duties

and responsibilities of her office with unparalleled efficiency, diligence, and patience;
2

SRES 232 ATS

Whereas her dedication, good humor, low key style, and ability to get along with others are a model for all of us in

the Senate;

Whereas Jean Lauver’s exceptional service has earned her the

respect and affection of Republican and Democratic Senators and their staffs alike: Now, therefore, be it

1 Resolved, That the United States Senate expresses its

2 appreciation to Jean Schrag Lauver and commends her

3 for twenty-one years of outstanding service to the Senate

4 and the country.

Æ