alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

OMAR DOMINGUEZ

- VALENCIA,

Defendant

- Appellant. No. 15

- 50531

D.C. No. 3:15

- cr

- 02064

- BTM

MEMORANDUM *

Appeal from the United States District Court

for the Southern District of California

Barry Ted Moskowitz, Chief Judge, Presiding

Submitted September 26, 2017 **

Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.

Omar Dominguez

- Valencia appeals from the district court’s judgment and

challenges his guilty

- plea conviction for attempted 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.

* 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

SEP 29 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 15

- 50531

Dominguez

- Valen cia contends that his underlying removal order, which was

based on his conviction for burglary in violation of California Penal Code § 459, is

invalid in light of this court’s decision in Dimaya v. Lynch , 803 F.3d 1110 (9th Cir.

2015), cert. granted , 137 S . Ct. 31 (2016)

. Regardless of the merits of this

contention, b y entering an unconditional guilty plea, Dominguez

- Valencia waived

his right to challenge the validity of the underlying removal order. See Tollett v.

Henderson , 411 U.S. 258, 267 (1973).

Do minguez

- Valencia’s unopposed motion to take judicial notice is granted.

AFFIRMED.
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 Annual Report of Mobieyes Software, Inc. a Florida corporation (the Company) on Form 10-K for the year ending January 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), Kevin Miller, Chief Executive Officer of the Company, certifies to the best of her knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:  (1)
        The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
  (2)
        The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.
  A signed original of this written statement required by Section 906 has been provided to Mobieyes Software, Inc., and will be retained by Mobieyes Software, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.  /s/ Kevin Miller Kevin Miller Chief Executive Officer February 8, 2010
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. Pommer : Than k yo u for you r lette r submitte do nbehal f

o f Atla s Air , Inc
. ("Atlas") , requestin g approva l o f it s propose dchang e in operations
. Specifically , Atla s request s th e Departmen t t o allo w i t

t o ad d on e additiona l B-74 7 passenge r aircraf t t o it s fleet, bringin g th e tota l t o thre e passenge r aircraft
. Base do nth e informatio n provided , w e findthat Atla s ha s sufficien t

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. I f yo u hav e an y question s regardin g this matter , pleas e feel fre e t o cal l Scot t Faul k o f m y staf f at (202 ) 366-9967
. Sincere

Rem o Chief , Ai r Carrie r Fitnes s Divisio n Offic e o f Aviatio n Analysi s

### cc : Mr
. Allen Taylor

POI fo r Atla s Air , Inc
. FA A Ne w Yor k FSDO-1 5 900 Stewar

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Chris KEITH,Esq. Appellant, v. Jenny Evy RIDDLE, Alan Taylor Riddle, and The Plank Factory, Inc., Appellees.

No. 4D17-1214

District Court of Appeal of Florida, Fourth District.

December 7, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
G.M.Q., Appellant, v. C.R.B. III, Appellee.

CASE NO. 1D17-4652

District Court of Appeal of Florida, First District.

Opinion filed December 29, 2017 Rehearing Denied January 8, 2018

**DECISION WITHOUT PUBLISHED OPINION**

DISMISSED.
IV 

118TH CONGRESS 

2D SESSION H. RES. 997 

Expressing the sense of the House of Representatives with respect to the 

legacy of Bob Marley. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2024 

Ms. CLARKE of New York (for herself, Mr. JOHNSON of Georgia, Ms. 

VELA ́ZQUEZ, and Mr. PAYNE) submitted the following resolution; which 

was referred to the Committee on Education and the Workforce 

RESOLUTION 

Expressing the sense of the House of Representatives with 

respect to the legacy of Bob Marley. 

Whereas Robert Nesta Marley was born on February 6, 

1945, in Nine Miles, St. Ann, Jamaica, and died on May 

11, 1981; 

Whereas Bob Marley received the Order of Merit for distinguished achievements for the promotion of culture; 

Whereas Bob Marley delineation for Jamaican culture advocates for peace and unity, through the influence of reggae 

set the foundation for socially aware lyrics; 

Whereas Bob Marley is not only celebrated for his timeless 

music, but for his vibrant legacy promoting love, unity, 

and social justice; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HRES 997 IH 

Whereas Bob Marley and the Wailers were founded in 1963 

through the leadership of Marley and two others, Peter 

Tosh and Bunny Wailer; 

Whereas the formation served as the hallmark for reggae 

music, which is recognized as the voice of the oppressed; 

Whereas the harmonious anthem ‘‘One Love’’ is globally recognized, as it echoes the principles of interconnectedness 

through all things; 

Whereas soundtracks like ‘‘Redemption Song’’ and ‘‘No 

Woman, No Cry’’ serve as profound influences through 

creative artistry; 

Whereas Bob Marley fought to transcend Jamaica as natives 

and political leaders joined in 1978 at the headlined 

event One Love Peace Concert, to restore peace throughout the Caribbean island; and 

Whereas Bob Marley, the reggae ambassador, served as a tremendous influence in fighting oppression through orchestrated impact: Now, therefore, be it 

1 Resolved, That the House of Representatives hon2 ors— 

3 (1) Bob Marley and his remarkably transcends 

4 boundaries of international influence which has con5 nected listeners through his earnest legacy; and 

6 (2) how his art and culture illustrated intellec7 tual influence on human experiences. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
C. K., Appellant/Petitioner(s) v. Q. R., Appellee/Respondent(s).

CASE NO.: 2D17-0800

District Court of Appeal of Florida, Second District.

May 18, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
Antonio Tyrone FLOWERS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-1171

District Court of Appeal of Florida, Second District.

Opinion filed October 4, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 888 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
H. RES. 888

           Reaffirming the State of Israel's right to exist.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2023

 Mr. Lawler (for himself, Mr. Moskowitz, Ms. Tenney, Ms. Salazar, Ms. 
   Malliotakis, Mr. Waltz, Mr. D'Esposito, Mr. Kustoff, Mrs. Kim of 
  California, and Mr. Gottheimer) submitted the following resolution; 
         which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION

 
           Reaffirming the State of Israel's right to exist.

Whereas the Jewish people are native to the Land of Israel;
Whereas throughout history and across the reign of multiple kingdoms, the Jewish 
        people were persecuted and expelled from the Land of Israel, forced to 
        live as minority diaspora communities in other lands;
Whereas Jewish diaspora communities were historically violently persecuted in, 
        and in some cases expelled from, other countries throughout the Middle 
        East, Europe, Africa, and Asia due to their religion;
Whereas the Nazis attempted to annihilate the entire Jewish population of Europe 
        during the Holocaust, murdering 6,000,000 Jews during this time;
Whereas this genocide provided new urgency to re-establish a Jewish homeland for 
        the Jewish people following the Holocaust, where they would not be a 
        vulnerable minority, where they could freely practice their faith, and 
        where something like the Holocaust could never happen again;
Whereas the modern State of Israel was established on May 14, 1948;
Whereas even after the establishment of the State of Israel, other countries and 
        terrorist entities continued to attack Israel, reject its right to 
        exist, and call for its destruction; and
Whereas Israel is the only Jewish State, and therefore, despite persistent 
        external threats, the existence of Israel provides Jews a place to live 
        free from persecution and discrimination: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) reaffirms the State of Israel's right to exist;
            (2) recognizes that denying Israel's right to exist is a 
        form of antisemitism;
            (3) rejects calls for Israel's destruction and the 
        elimination of the only Jewish State; and
            (4) condemns the Hamas-led terrorist attack on Israel.
                                 <all>
```
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7289

MICHAEL H. ROSHTO, Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Virginia Department of Corrections, Respondent - Appellee.Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CA-96-1201-2) Submitted: August 13, 1998 Decided: August 28, 1998 Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Michael H. Roshto, Appellant Pro Se. Collin Jefferson Hite, SANDS, ANDERSON, MARKS & MILLER, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find noreversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Roshto v. Angelone , No. CA-96-1201-2 (E.D. Va. Aug. 20, 1997). We deny Appellant’s motion for leave to proceed in forma pauperis on appeal. We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
IN THE SUPREME COURT OF PENNSYLVANIA 

EASTERN DISTRICT 

COMMONWEALTH OF PENNSYLVANIA, 

 Respondent 

 v. 

TYREE BASS, 

 Petitioner 

:

:

:

:

:

:

:

:

:

:

:

No. 686 EAL 2015 

Petition for Allowance of Appeal from 

the Order of the Superior Court 

ORDER 

PER CURIAM 

AND NOW, this 20th day of April, 2016, the Petition for Allowance of Appeal is 

DENIED.
INDIGO LAKES MASTER ASSOCIATION, INC., Appellant, v. Ida BONELLI and Peter Bonelli, Appellees.

Case No. 2D16-4022

District Court of Appeal of Florida, Second District.

Opinion filed October 13, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Johnny Lee SMITH, Jr., Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-2573

District Court of Appeal of Florida, Fifth District.

Decision filed December 19, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
PMI MORTGAGE INSURANCE COMPANY, Appellant/Petitioner(s), v. Kevin C. MCCORMICK, Appellee/Respondent(s).

CASE NO.: 2D16-2406

District Court of Appeal of Florida, Second District.

July 20, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Ciaran E. Lachlan TEMPLAR-O'BRIEN, Appellant/Petitioner(s), v. David GEE, Sheriff, Appellee/Respondent(s).

CASE NO.: 2D17-2633

District Court of Appeal of Florida, Second District.

July 26, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Anthony J. FAILS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-1296

District Court of Appeal of Florida, Second District.

Opinion filed September 6, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 32.1





CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE





In connection with the report on Form 10-K for the period ending December 31, 2010 (the Report), I, Walter Thomas Price III, Principal Executive Officer of Price Asset Management, Inc., the managing member of RICI® Linked – PAM Advisors Fund, LLC (the Fund), certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:





(1)
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and




(2)
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Fund.









/s/ Walter Thomas Price III


Walter Thomas Price III


Principal Executive Officer


Price Asset Management, Inc.


Managing Member


RICI® Linked – PAM Advisors Fund, LLC
Exhibit
      32.1





MAXUS
      REALTY TRUST, INC.





CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER PURSUANT TO


18
      U.S.C.
      SECTION 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the Quarterly Report of Maxus Realty Trust, Inc. (the “Trust”)
      on Form 10-QSB for the period ending September 30, 2007 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, David
      L. Johnson, Chairman, President and Chief Executive Officer of the Trust,
      certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of
      the
      Sarbanes-Oxley Act of 2002, that to my knowledge:





(1)
      The Report fully complies with the
      requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;
      and





(2)
      The information contained in the
      Report fairly presents, in all material respects, the financial condition and
      results of operations of the Trust as of September 30, 2007 (the last date
      of
      the period covered by the Report).











/s/
      David L. Johnson


David
      L.
      Johnson


Chairman
      of the Board,


President,


Chief
      Executive Officer


Date: November
      13, 2007
Edgar FARMER, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D17-3186

District Court of Appeal of Florida, First District.

Opinion filed November 21, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Joseph E. MARINO, as trustee, Appellant/Petitioner(s), v. FIDELITY BROKERAGE SERVICES, Appellee/Respondent(s).

CASE NO.: 2D16-2257

District Court of Appeal of Florida, Second District.

June 22, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Exhibit 32.2

                           CERTIFICATION PURSUANT TO
                            18 U.S.C. SECTION 1350,
                            AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



      In  connection  with  the Quarterly report of Broadleaf Capital Partners,
Inc. (the "Company") on Form  10-QSB  for  the period ending  June 30, 2004, as
filed  with the Securities and Exchange Commission  on  the  date  hereof  (the
"Report"),  I,  Melissa  R.  Blue,  acting in the capacity as the Interim Chief
Financial Officer of the Company, certify to the best of my knowledge, pursuant
to 18 U.S.C.  Section 1350, as adopted pursuant to Section 906 of the Sarbanes-
Oxley Act of 2002, that:

(1)  The Report fully complies with the  requirements of section 13(a) or 15(d)
     of the Securities Exchange Act of 1934; and

(2)  The information contained in the Report  fairly  presents, in all material
     respects, the financial condition and result of operations of the Company.



/s/ Melissa R. Blue
- ---------------------------
     Melissa R. Blue
     Chief Financial Officer
     September 20, 2004
Tony D. LITTLES, Appellant, v. Trudie ROUNDTREE, Appellee.

Case No. 5D16-4365

District Court of Appeal of Florida, Fifth District.

Decision filed November 14, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
#### Vincent CHAN, Petitioner-Appellant, v. Carlos A. URANGA, Judge of the Municipal Court of the State for the County of Los Angeles, Alhambra Judicial District, Respondent-Appellee.

No. 03-55050.

United States Court of Appeals, Ninth Circuit.

Submitted May 12, 2004.*

Decided May 27, 2004.

Hugo N. Torbet, Esq., Law Offices of Hugo N. Torbet, San Francisco, CA, for Petitioner-Appellant.

George M. Palmer, Matthew G. Monforton, Esq., District Attorney, Los Angeles, CA, for Respondent-Appellee.

Before: BROWNING, RYMER, and GRABER, Circuit Judges.

*

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

MEMORANDUM **

Vincent Chan was convicted of driving under the influence of alcohol with a spe*802cial finding of willfully refusing to submit to a chemical test. He now appeals the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. His request for a certificate of appealability was granted with respect to the issue whether perjury was used to obtain his conviction.

We review the district court’s decision to deny the 28 U.S.C. § 2254 habeas petition de novo. *McClure v. Thompson,*323 F.3d 1233, 1240 (9th Cir.2003). Findings of fact made by the district court are reviewed for clear error. *Id.*

DISCUSSION

Under the Due Process Clause, “a conviction obtained by the knowing use of perjured testimony is fundamentally unfair, and must be set aside if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury.” *United States v. Agurs,*427 U.S. 97, 103, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976) (footnote omitted). The precondition to the application of this principle is that Officer Randolph committed perjury. This requires proving that Randolph not only gave false testimony, but that he did so with a willful intent to testify falsely. *See United States v. Dunnigan,*507 U.S. 87, 94, 113 S.Ct. 1111, 122 L.Ed.2d 445 (1993).

There was ample evidence in the record from which one could conclude that Officer Randolph’s testimony arose from a faulty memory or a mistake, rather than a -willful intent to lie. Accordingly, we hold that the district court’s conclusion that the evidence did not warrant a finding of willful falsity was not clearly erroneous.

The district court’s denial of Chan’s 28 U.S.C. § 2254 petition for writ of habeas corpus is AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the *802courts of this circuit except as provided by Ninth Circuit Rule 36-3.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
                                <C>

<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-END>                    JUN-30-1999
<CASH>                          90,525
<SECURITIES>                    0
<RECEIVABLES>                   271,104
<ALLOWANCES>                    0
<INVENTORY>                     1,123,535
<CURRENT-ASSETS>                5,125,482
<PP&E>                          7,350,408
<DEPRECIATION>                  0
<TOTAL-ASSETS>                  16,512,981
<CURRENT-LIABILITIES>           19,372,820
<BONDS>                         0
<PREFERRED-MANDATORY>           0
<PREFERRED>                     50,000
<COMMON>                        1,483,762
<OTHER-SE>                      (5,056,351)
<TOTAL-LIABILITY-AND-EQUITY>    16,512,981
<SALES>                         746,193
<TOTAL-REVENUES>                746,193
<CGS>                           592,012
<TOTAL-COSTS>                   4,570,195
<OTHER-EXPENSES>                15,824
<LOSS-PROVISION>                (362,694)
<INTEREST-EXPENSE>              284,106
<INCOME-PRETAX>                 (4,353,250)
<INCOME-TAX>                    0
<INCOME-CONTINUING>             (4,353,250)
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    (4,353,250)
<EPS-BASIC>                   (0.03)
<EPS-DILUTED>                   (0.03)





</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-END>                               JUN-24-1997
<CASH>                                         5281000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                    3626000
<CURRENT-ASSETS>                              18067000
<PP&E>                                       140026000
<DEPRECIATION>                                       0<F1>
<TOTAL-ASSETS>                               378692000
<CURRENT-LIABILITIES>                         46155000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        276000
<OTHER-SE>                                   101361000
<TOTAL-LIABILITY-AND-EQUITY>                 378692000
<SALES>                                      101067000
<TOTAL-REVENUES>                             103117000
<CGS>                                         28124000
<TOTAL-COSTS>                                 28124000
<OTHER-EXPENSES>                              63352000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             3030000
<INCOME-PRETAX>                                8808000
<INCOME-TAX>                                   3083000
<INCOME-CONTINUING>                            5725000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   5725000
<EPS-PRIMARY>                                      .23
<EPS-DILUTED>                                      .23
<FN>
<F1>Not required to be separately provided per interim financial statement
purposes.
</FN>
        

</TABLE>