alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

 DECEMBER 30, 2010

JOHN LEY

CLERK

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 09-15335

Non-Argument Calendar

________________________

D. C. Docket No. 09-80015-CR-DMM

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTHONY NIX,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(December 30, 2010)

Before TJOFLAT, EDMONDSON and BLACK, Circuit Judges.

PER CURIAM:

Anthony Nix pled guilty to possession of a firearm by a convicted felon, in
violation of 18 U.S.C. § 922(g)(1), and the district court sentenced him as an armed

career criminal to prison for 180 months, the minimum sentence permitted by

statute, the Armed Career Criminal Act, 18 U.S.C. § 924(e). He now appeals his

1

sentence, arguing that two of the three convictions the district court used to qualify

him an armed career offender do not qualify as violent felonies under the § 924(e):

(1) resisting an arresting officer with violence, in violation of Fla. Stat. § 843.01,

and (2) fleeing and eluding at high speed, in violation of Fla. Stat. § 316.1935(3).

We reject Nix’s challenge to the § 843.01 conviction, holding that a such

conviction constitutes a violent felony under 18 U.S.C. § 924(e)(2)(B)(ii). This is

the same holding we recently reached in United States v. Hayes, 2010 WL

3489973 (September 8, 2010). Although the Hayes decision was not published, we

are persuaded by its rationale regarding § 843.01 and therefore adopt its holding.

Nix’s challenge to the § 316.1935(3) conviction is foreclosed by United States v.

Harris, 586 F.3d 1283 (11 Cir. 2009), which we are bound to follow.

th

AFFIRMED.

 The sentencing range prescribed by the Sentencing Guidelines was 168-210 months’ 1

imprisonment. 

2
June 16, 2014 

### Clearfield County Economic Development Corporation 511 Spruce Street- Suite 5 Oearfield, Pennsylvania 16830 Phone: 814-768-7838 orFax: 814-768-7338



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(/) Mr. Gormas. The Clearfield County Economic Development Corporation (CCEDC) recently reviewed four airline service proposals obtained bythe DuBois Regional Airport Authority. Based onthe criteria provided bythe DuBois Regional Airport Authortty, the CCEDC supports their posttion to obtain services provided by Silver Airways. The DuBois Regional Airport Authority's position to secure airservices from Silver Airways will retain 40 full-time maintenance employees and provides multiple options for passengers and industry travelers through WashingtonDulles International Airport. and seamless coordination with Untted Airlines. Additionally, Silver Airways offers the most weekly flights incomparison tothe other three service proposals. The CCEDC Board of Directors and Staff extend our overwhelming support tothe DuBois Regional Airport Authority fortheir position end service opportunities provided bySilver Airways. This will enhance the DuBois Regional Airport's Foreign Trade Zone (FTZ) status and boost the areas marketability for economic growth. Sincerely,

.



### RO~- CCEDC (814)768-7636



### Email CC: CCEDC Board of Directors DCED Secretary C. Alan Walker Senator Joseph Scamati III Senator John Wozniak Senator Donald White Congressman Glenn Thompson Rep. Matt Gabler Rep. Tommy Sankey Clearfield County Commissioners Jefferson County Dept. oi Development NCPRPDC



### Mission Statement

Tohethe U!ddlngResourceAgencyforEconomicDevelopment throughout Clearfield Count)'Relallng 10:
•JobCreation. JobRetention. Increased Economic Base The CCEDC Isa Private Non-Profit Corporation; Serving the Business and Industry of Clearfield County, PA
# C_2016265EN.01000301.xml

| 21.7.2016 | EN | Official Journal of the European Union | C 265/3 |
| --- | --- | --- | --- |

21.7.2016

EN

Official Journal of the European Union

C 265/3

---

Information from the Commission pursuant to Council Decision (EU) 2016/833

(2016/C 265/04)

Pursuant to Article 2 of Council Decision (EU) 2016/833 of 17 May 2016 establishing the position to be adopted, on behalf of the European Union, at the 54th session of the Committee of Experts for the Carriage of Dangerous Goods set up by the Intergovernmental Organisation for International Carriage by Rail (OTIF) as regards certain amendments to Appendix C to the Convention concerning International Carriage by Rail (1), applicable from 1 January 2017, the Commission informs that the decisions taken at the body are available at:

1

http://www.otif.org/index.php?id=552&L=2

---

(1)  OJ L 140, 27.5.2016, p. 12.

1

---
IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2021 ND 167

Cara Isabelle Sims, Petitioner

v.

Earl Otis Sims, Respondent and Appellant

No. 20210039

Appeal from the District Court of Ransom County, Southeast Judicial District, 

the Honorable Mark T. Blumer, Judge.

AFFIRMED.

Per Curiam.

Earl O. Sims, Jr., self-represented, Morgantown, WV, respondent and 

appellant.

FILED 

IN THE OFFICE OF THE 

CLERK OF SUPREME COURT 

SEPTEMBER 16, 2021 

STATE OF NORTH DAKOTA
1

Sims v. Sims

No. 20210039

Per Curiam.

[¶1] Earl Sims appeals from a domestic violence protection order entered

against him in December 2020. He argues the evidence presented at the 

district court hearing did not support the two-year protection order. We 

conclude the court’s findings are not clearly erroneous. See Lindstaedt v. 

George, 2020 ND 262, ¶¶ 3, 5, 952 N.W.2d 102 (the clearly erroneous standard 

of review applies to factual findings made by the district court in N.D.C.C. § 

14-07.1-02 domestic violence proceedings). We affirm under N.D.R.App.P. 

35.1(a)(2).

[¶2] Jon J. Jensen, C.J.

Gerald W. VandeWalle

Daniel J. Crothers

Lisa Fair McEvers

Jerod E. Tufte
<PAGE>

                                  EXHIBIT 22.1


                           SUBSIDIARIES OF REGISTRANT

Novellus Systems, Ltd. (U.K.)
Novellus Systems, B.V. (Netherlands)
Nippon Novellus Systems, K.K. (Japan)
Novellus Systems Korea Co., Ltd. (Korea)
Novellus Systems (H.K.) Limited (Hong Kong)
Novellus Systems International (U.S.)
Novellus Systems Export Inc. (Barbados)
Novellus Singapore PTE Ltd. (Singapore)
Novellus Systems Semiconductor Equipment Shanghai Co. Ltd (China)
Novellus Systems, Thailand Ltd. (Thailand)
Novellus Systems, GMBH (Germany)
Novellus Systems, SARL (France)
#### Fred W. Vanderpool, *Plaintiff in Error,*v. J. Percy Spruell, *Defendant in Error.*

Division B.

Decision Filed May 10, 1928.

Petition for Rehearing Denied June 2, 1928.

*Burwell & Dewberry,*for Plaintiff in Error;

*Herbert Ü. Feibelman,*for Defendant in Error.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the order herein, and briefs and argument of counsel for the respective parties, and the record having been seen and *898inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said order; it is, therefore, considered, ordered and adjudged by the Court that the said order of the Circuit Court be, and the same is hereby affirmed.

Whitfield, P. J., and Terrell, and Buford, J. J., concur.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

 v.

ARTURO CHAVEZ-MELGOZA,

Defendant-Appellant.

No. 15-50210

D.C. No. 3:14-cr-03692-BEN

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Roger T. Benitez, District Judge, Presiding

Submitted April 11, 2017** 

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

Arturo Chavez-Melgoza appeals from the district court’s judgment and

challenges the 37-month sentence imposed following his guilty-plea conviction for

importation of cocaine, in violation of 21 U.S.C. §§ 952, 960. We have

jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing.

FILED

APR 20 2017

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 panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Chavez-Melgoza argues that the district court erred in denying a minor role

reduction to his base offense level under U.S.S.G. § 3B1.2(b). After ChavezMelgoza was sentenced, the United States Sentencing Commission issued

Amendment 794 (“the Amendment”), which amended the commentary to the

minor role Guideline. The Amendment is retroactive to cases pending on direct

appeal. See United States v. Quintero-Leyva, 823 F.3d 519, 523 (9th Cir. 2016).

The Amendment clarified that, in assessing whether a defendant should

receive a minor role adjustment, the court should compare him to the other

participants in the crime, rather than to a hypothetical average participant. See

U.S.S.G. App. C. Amend. 794; Quintero-Leyva, 823 F.3d at 523. In addition, the

Amendment clarified that “[t]he fact that a defendant performs an essential or

indispensable role in the criminal activity is not determinative.” U.S.S.G. § 3B1.2

cmt. n.3(C) (2015). Finally, the Amendment added a non-exhaustive list of factors

that a court “should consider” in determining whether to apply a minor role

reduction. See id. Because we cannot determine from the record whether the

district court followed the guidance of the Amendment’s clarifying language and

considered all of the now-relevant factors, we vacate Chavez-Melgoza’s sentence

and remand for resentencing under the Amendment. See Quintero-Leyva, 823 F.3d

at 523-24.

2 15-50210
For purposes of resentencing, we note that because Chavez-Melgoza is

safety valve eligible, he is exempt from the statutory minimum term of supervised

release. See U.S.S.G. § 5C1.2 cmt. n.9.

VACATED and REMANDED for resentencing.

3 15-50210
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                           <C>
<PERIOD-TYPE>                 12-MOS
<FISCAL-YEAR-END>             MAY-31-1994
<PERIOD-END>                  MAY-31-1994
<CASH>                        4,989
<SECURITIES>                  0
<RECEIVABLES>                 0
<ALLOWANCES>                  0
<INVENTORY>                   0
<CURRENT-ASSETS>              4,989
<PP&E>                        0
<DEPRECIATION>                0
<TOTAL-ASSETS>                4,989
<CURRENT-LIABILITIES>         175,000
<BONDS>                       0
<PREFERRED-MANDATORY>         0
<PREFERRED>                   0
<COMMON>                      408,442
<OTHER-SE>                    (238,431)
<TOTAL-LIABILITY-AND-EQUITY>  4,989
<SALES>                       0
<TOTAL-REVENUES>              0
<CGS>                         0
<TOTAL-COSTS>                 0
<OTHER-EXPENSES>              170,751
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            0
<INCOME-PRETAX>               (170,751)
<INCOME-TAX>                  0
<INCOME-CONTINUING>           (170,751)
<DISCONTINUED>                14,286
<EXTRAORDINARY>               0
<CHANGES>                     0
<NET-INCOME>                  (156,465)
<EPS-PRIMARY>                 (.627)
<EPS-DILUTED>                 0
        


</TABLE>
EXHIBIT
      23.2













CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM











Imagenetix,
      Inc.


San
      Diego, California











We
      hereby
      consent to the incorporation by reference in the previously filed Registration
      Statement (No. 333-123159)on Form SB-2/A of Imagenetix, Inc. of our report
      dated
      June 15, 2006, relating to the consolidated financial statements of Imagenetix,
      Inc., appearing in the Company's Annual Report on Form 10-KSB for the year
      ended
      March 31, 2006.








/s/
      HJ
      Associates & Consultants, LLP








Salt
      Lake
      City, Utah


June
      26,
      2006
# Missouri Court of Appeals

Southern District

AUGUST 4, 2014

THE FOLLOWING CASE WAS AFFIRMED PURSUANT TO RULE 30 .25(b).

1. Case No. SD32865

Re: STATE OF MISSOURI,

Plaintiff-Respondent,

vs. MART EDWARD PARHAM,

Defendant-Appellant.
In the MATTER OF: K.M.B., K.N.B., C.G.B.

No. COA18-1215

Court of Appeals of North Carolina.

Filed: June 18, 2019

AFFIRMED.
Exhibit 31.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO RULE 13a-14(a) OF THE
SECURITIES EXCHANGE ACT OF 1934

I, James W. Bernau, certify that:

1. I have reviewed this annual report on Form 10-KSB of Willamette Valley
Vineyards, Incorporated;

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
registrant as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officer(s) 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 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 internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of the 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: March 31, 2006
_/s/ James W. Bernau _
    James W. Bernau,
    Chief Executive Officer
STATE of North Carolina v. Brandon Richard ORR, Defendant.

No. COA18-1050

Court of Appeals of North Carolina.

Filed: September 3, 2019

NO ERROR.
## F I F T H 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________ Case No. 5D 2 3

- 1804 LT Case No s
. 2020

- CA

- 0000 05

2019

- CP

- 000474

_____________________________ R OCCO S ANTOMENNO , a s Trustee
a nd Beneficiary of the John Santomenno Revocable Trust, dated September 26, 199 6 , as amended, and as Trustee and Beneficiary of the Edith Santomenno Revocable Trust, dated September 26, 1996, as amended, Appellant ,

v. J OHN S ANTOMENNO , J R ., R OBERT S ANTOMENNO , and E DITH S ANTOMENNO , Appellee s
.

_____________________________
On appeal fro m the Circuit Court for Flagler County. Christo p her A. Fran ce, Judge

. Robert A. Drean, of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., Lakewood Ranch , for Appellant. Jerry B. Wells, of Jerry B. Wells, P.L., Daytona Beach, for Appellee , John Santomenno, Jr.
David A. Burt, of H awkins, Hawkins & Burt, LLP, of Daytona Beach, fo r Appelle e , Edith Santomenno.2

No Appearance for Remaining Appellee , Robert Santo menno. April 2, 2024

P ER C URIAM

. A FFIRMED

. W ALLIS , J AY , and K ILBANE , JJ., concur
.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331
.

_____________________________
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-50640 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAVIER REGALADO-FLORES, also known as Pedro Sanchez, also known as Pablo Sanchez, also known as Javier Regalo-Flores, Defendant-Appellant;

____________________ Consolidated with No. 00-50674

_____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CARLOS EULALIO RODRIGUEZ-CASTILLO, Defendant- Appellant;

____________________ Consolidated with No. 00-50705

_____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JESUS SALAZAR-GOMEZ, Defendant-Appellant;No. 00-50640 c/w Nos. 00-50674 & 00-50705 &

00-50797 - 2 -

* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. ____________________ Consolidated with No. 00-50797

_____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JORGE VILLA-ENRIQUEZ, also known as David Perez-Enriquez, Defendant-Appellant.

- - - - - - - - - - Appeals from the United States District Court for the Western District of Texas

- - - - - - - - - - February 15, 2001 Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: * Javier Regalado-Flores, Carlos Eulalio Rodriguez-Castillo, Jesus Salazar-Gomez, and Jorge Villa-Enriquez (collectively the Defendants) appeal their sentences following their guilty plea convictions for illegal re-entry after deportation in violation of 8 U.S.C. § 1326. The Defendants argue that their sentences should not have exceeded the two-year maximum sentence under 8 U.S.C. § 1326(a). The Defendants acknowledge that their argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998), but they seek to preserve the issue for Supreme Court review in light of Apprendi v. New Jersey , 530 U.S. 466 (2000).No. 00-50640 c/w Nos. 00-50674 & 00-50705 &

00-50797 - 3 - The Defendants’ argument is foreclosed by Almendarez-Torres , 523 U.S. at 235. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that the judgments of the district court be affirmed and that an appellee’s brief not be required. The motion is granted.
AFFIRMED; MOTION GRANTED.
Electronically Filed 

Supreme Court 

SCWC-11-0000666 

22-OCT-2013 

01:13 PM 

SCWC-11-0000666
 

IN THE SUPREME COURT OF THE STATE OF HAWAI'I 

STATE OF HAWAI'I, Respondent/Plaintiff-Appellee,
 

vs.
 

KAOLINO RICHARD BAKER, Petitioner/Defendant-Appellant.
 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
 

(CAAP-11-0000666; FC-CR NO. 10-1-0329K)
 

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI
 

(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ)
 

Petitioner/Defendant-Appellant Kaolino Richard Baker’s
 

application for writ of certiorari filed on September 16, 2013,
 

is hereby accepted. 


IT IS FURTHER ORDERED that no oral argument will be 

heard in this case. Any party may, within ten days and pursuant 

to Rule 34(c) of the Hawai'i Rules of Appellate Procedure, move 

for retention of oral argument. 

DATED: Honolulu, Hawai'i, October 22, 2013. 

James S. Tabe 

for petitioner
 

/s/ Mark E. Recktenwald


/s/ Paula A. Nakayama


/s/ Simeon R. Acoba, Jr.
 

/s/ Sabrina S. McKenna
 

/s/ Richard W. Pollack
 

Linda L. Walton
 

for respondent
**EXHIBIT 32.1**
**CERTIFICATION ACCOMPANYING PERIODIC REPORT****PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**(18 U.S.C. SEC. 1350)
I, David G. Fiore, President and Chief Executive Officer of American Achievement Corporation andAAC Group Holding Corp. (the “Companies”), hereby certify that:
(1) The Quarterly Report of the Companies on Form 10-Q for the quarter ended February 26, 2005 (the“Report”) fully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and
(2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Companies as of the dates and for the periodsexpressed in the Report.
Date: April 11, 2005         By:             /s/ DAVID G. FIORE    David G. Fiore    CHIEF EXECUTIVE OFFICER
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-60758 Summary Calendar

JERRY LOUIS HALL; LINDA NINA HALL, Plaintiffs-Appellants,

versus CITY OF VICKSBURG; ET AL., Defendants,
WARREN COUNTY SHERIFF’S DEPARTMENT; W. MARTIN Pace, Individually and in his official capacity as Sheriff of Warren County, Mississippi; BILLY HIGGINS, Individually and in his official capacity as Sheriff of Warren County, Mississippi; TODD DYKES, Individually and in his official capacity as deputy sheriff of Warren County, Mississippi, Defendants-Appellees.

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

USDC No. 5:98-CV-18-BrS

-------------------- May 29, 2001 Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM: * Jerry and Linda Hall appeal the district court’s summary judgment in favor of the defendants on their claims brought under 42 U.S.C. § 1983 and Mississippi state law. The Halls failed toNo. 00-60758 -2- present competent summary-judgment evidence in support of their claims in the appellate record. The Halls may assert on appeal that the evidence presented by the defendants created issues of material fact that would preclude summary judgment. See John v. Louisiana (Bd. of Tr. for St. Coll. and Univ.) , 757 F.2d 698, 709-13 (5th Cir. 1985). The Halls contend that the district court erred in granting qualified immunity in favor of Deputy Billy Higgins and Deputy Todd Dykes. They assert that the deputies acted in a “plainly incompetent” manner by failing to assist Linda Hall in regaining custody of her adopted daughter. At the time of the situationand under the circumstances set forth in the defendants’ summaryjudgment evidence, the deputies’ actions were objectively reasonable. See Spann v. Rainey , 987 F.2d 1110, 1114 (5th Cir. 1993). Linda Hall also asserts that the deputies’ actions in arresting her without a warrant were not objectively reasonable. According to the summary-judgment evidence, Dykes and Higgins arrested Mrs. Hall after she repeatedly failed to comply with their orders to leave the scene. Their actions in arresting her without first seeking a warrant were objectively reasonable under state law. See M ISS C ODE A NN . § 99-3-7(1). The Halls have failed to challenge the district court’s denial of Linda’s allegation of false imprisonment, their claims against Sheriff W. Martin Pace in his individual capacity, the claims against the defendants in their official capacities and against the Warren County Sheriff’s Department, their FifthNo. 00-60758 -3- Amendment claims, and their state-law claims. These issues are therefore deemed abandoned. Brinkmann v. Abner , 813 F.2d 744, 748 (5th Cir. 1987). The district court’s judgment is AFFIRMED.