alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed 4/25/14 P. v. Vasquez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication 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

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

LUCIO VASQUEZ,

Defendant and Appellant.

F066174

(Super. Ct. No. CF96601054)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Fresno County. Houry A. 

Sanderson, Judge. 

Carol Foster, under appointment by the Court of Appeal, for Defendant and 

Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and 

Respondent.

-ooOoo-

 

* Before Levy, Acting P.J., Cornell, J., and Peña, J.
2

Appellant, Lucio Vasquez, appeals from the court’s denial of his motion to vacate 

judgment. Following independent review of the record pursuant to People v. Wende

(1979) 25 Cal.3d 436, we affirm.

FACTUAL AND PROCEDURAL HISTORY

On October 18, 1996, an officer stopped the car Vasquez was driving because 

Vasquez was playing music too loudly. During the stop, the officer discovered a golf ball 

size package containing methamphetamine weighing 19.7 grams in Vasquez’s jacket or 

shirt pocket. 

On January 7, 1997, Vasquez pled guilty to possession for sale of 

methamphetamine. (Health & Saf. Code, § 11378.) 

On March 26, 1997, he was sentenced to a suspended sentence of two years and 

placed on probation for three years. 

Vasquez had been a lawful permanent resident since March 3, 1993. In November 

2010, Vasquez consulted with an attorney for assistance in becoming a United States 

citizen and learned for the first time that his possession for sale conviction made him 

ineligible to do so.

On September 14, 2011, Vasquez hired Attorney Roger Litman to help him set 

aside his plea in that matter. 

On August 3, 2012, Litman filed a motion to vacate Vasquez’s 1997 plea alleging, 

in pertinent part, that Vasquez’s defense counsel never advised him of the immigration 

consequences of his plea or go over the change of plea form with him. 

At a hearing on September 19, 2012, the court denied the motion. 

Vasquez’s appellate counsel has filed a brief which summarizes the facts, with 

citations to the record, raises no issues, and asks this court to independently review the 

record. (People v. Wende, supra, 25 Cal.3d 436.) Vasquez has not responded to this 

court’s invitation to submit additional briefing.
3

Following an independent review of the record we find that no reasonably 

arguable factual or legal issues exist.

DISPOSITION

The judgment is affirmed.
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 Annul Report of Our Glass, Inc. (the Company) on Form 10-KSB/A for the fiscal year ended December 31, 2007 (the Report), I, Cosmo Palmieri, Chief Financial Officer of the Company, certify, 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 requirement 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 Company's financial position and results of operations.  August 18, 2008 /s/ Cosmo Palmieri Chief Financial Officer
#### Faron Earl TISHER, Sr., Plaintiff-Appellant, v. RUPP, sued in his individual capacity; et al., Defendants-Appellees.

No. 03-16168.

United States Court of Appeals, Ninth Circuit.

Submitted May 10, 2004.*

Decided May 14, 2004.

Faron Earl Tisher, Sr., Buckeye, AZ, pro se.

Elizabeth R Teply, Esq., Office of the Arizona Attorney General, Phoenix, AZ, for Defendants-Appellees.

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

*

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

MEMORANDUM **

Faron Earl Tisher, an Arizona state prisoner, appeals pro se the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action against prison officials. We have jurisdiction under 28 U.S.C. § 1291, and we affirm for the reasons set forth in the district court orders dated December 16, 2002 and May 14, 2003. However, since the dismissal was *163without prejudice, Tisher is not precluded from filing a new action. *See McGuckin v. Smith,*974 F.2d 1050, 1058 (9th Cir.1992) (noting that one effect of a dismissal without prejudice is to “end the litigation in the court involved but not to act as an adjudication on the merits or to bar the filing of a similar action in another court.”), *overruled on other grounds by WMX Techs., Inc. v. Miller,*104 F.3d 1133 (9th Cir. 1997).

We decline to consider Tisher’s contentions raised for the first time on appeal. *See Ganwich v. Knapp,*319 F.3d 1115, 1120 n. 8 (9th Cir.2003).

Tisher’s remaining contentions lack merit.

Tisher’s motion to supplement the record on appeal is denied.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
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|   |                                                                                                                                                                                                                                |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (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 this Report fairly presents, in all material      respects, the financial condition and results of operations of the Company      as of the dates and for the periods presented in the    Report. |

|   |                |                                            |
|--------|---------------------|-------------------------------------------------|
|   | APRIL      14, 2009 |                                            |
|   |                |                                            |
|   |                | /s/      MICHAEL GOLDBERG                       |   |
|   |                | MICHAEL      GOLDBERG                           |
|   |                | ACTING      CHIEF EXECUTIVE OFFICER             |
|   |                | (PRINCIPAL      EXECUTIVE OFFICER AND PRINCIPAL |
|   |                | FINANCIAL      AND ACCOUNTINGOFFICER)           |
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6807

LESTER DANIEL BRYSON; JOHN FRANK BOWEN, Plaintiffs - Appellants, versus ROBERT P. JOHNSTON, State Superior Court Judge; FORREST D. BRIDGES, State Superior Court Judge; DENNIS J. WINNER, State Superior Court Judge; ROY COOPER, State Attorney General, Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Chief District Judge. (CA-02-89-1-2) Submitted: July 25, 2002 Decided: August 2, 2002 Before WILKINS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Lester Daniel Bryson, John Frank Bowen, Appellants Pro Se. Gerald Patrick Murphy, Assistant Attorney General, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Lester Daniel Bryson and John Frank Bowen, North Carolina inmates, appeal the district court’s order dismissing their 42 U.S.C.A. § 1983 (West Supp. 2002) complaint under 28 U.S.C.A. § 1915A(b)(1) (West Supp. 2002) for failure to state a claim. We have reviewed the record and the district court’s opinion and we dismiss the appeal on the reasoning of the district court. See Bryson v. Johnston , No. CA-02-89-1-2 (W.D.N.C. Apr. 29, 2002). We further deny the pending motion for the appointment of counsel and for oral argument as the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Tavaris MACK, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D17-2369

District Court of Appeal of Florida, Second District.

August 18, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismisses this appeal.
Exhibit 32.1CERTIFICATION(Not filed pursuant to the Securities Exchange Act of 1934)     Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, the undersigned, Larry C. Oldham, the President and Chief Executive Officer ofParallel Petroleum Corporation (“Parallel”), hereby certifies that the Quarterly Report on Form10-Q of Parallel for the quarter ended September 30, 2007 fully complies with the periodicreporting requirements of the Securities Exchange Act of 1934, as amended, and the informationcontained in that Form 10-Q Report fairly presents, in all material respects, the financialcondition and results of operations of Parallel.Date:November 9, 2007       /s/ Larry C. Oldham     Larry C. Oldham,    President and Chief Executive Officer       A signed original of this written statement required by Section 906 has been provided toParallel Petroleum Corporation and will be retained by Parallel Petroleum Corporation and furnishedto the Securities and Exchange Commission or its staff upon request.
Exhibit 31


Certification

I, Robert McGinnis, certify that:

1. I have reviewed this annual report on Form 10-K, and all reports on
Form 8-K containing distribution or servicing reports filed in respect
of periods included in the year covered by this annual report, of
Meritage Mortgage Loan Trust 2004-2;

2. Based on my knowledge, the information in these reports, taken as a
whole, 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 as of the last day of the period covered by this annual
report;

3. Based on my knowledge, the distribution or servicing information
required to be provided to the trustee by the servicer under the
pooling and servicing, or similar, agreement, for inclusion in these
reports is included in these reports;

4. Based on my knowledge and upon the annual compliance statement
included in the report and required to be delivered to the trustee in
accordance with the terms of the pooling and servicing, or similar,
agreement, and except as disclosed in the reports, the servicer has
fulfilled its obligations under the servicing agreement; and

5. The reports disclose all significant deficiencies relating to the
servicer's compliance with the minimum servicing standards based upon
the report provided by an independent public accountant, after
conducting a review in compliance with the Uniform Single Attestation
Program for Mortgage Bankers or similar procedure, as set forth in the
pooling and servicing, or similar, agreement, that is included in these
reports.

In giving the certifications above, I have reasonably relied on
information provided to me by the following unaffiliated parties: Saxon
Mortgage Services, Inc. and Deutsche Bank National Trust Company.

Date: March 30, 2005

/s/: Robert McGinnis
Robert McGinnis
President
p130046.eng INITIAL REVIEW ENGINEERING REPORT PMN: 13-0046 Focus Ready Draft 11/19/2012 ENGINEER: Choudhary \ JAS PV (kg/yr):
SUBMITTER: USE:

OTHER USES: MSDS: Yes Label: No

Page 1p130046.eng

SAT (concerns) (11/06/2012): Related Cases and Related Cases and Misc SAT Info: Ecotox Related Cases: Migration to groundwater: Negligible PBT rating: P2B3T2 Linear: P1B2T2 // Branched: P2B3T2. Health: 2 Dermal, Drinking Water, Inhalation Eco: 3 Water (All releases to water with a CC = 1 ppb.) OCCUPATIONAL EXPOSURE RATING: 1D NOTES & KEY ASSUMPTIONS: Generated by the 06/07/2005 version of ChemSTEER.

Page 2p130046.eng

POLLUTION PREVENTION CONSIDERATIONS:

Page 3p130046.eng

EXPOSURE-BASED REVIEW:

INITIAL REVIEW ENGINEERING REPORT PMN: 13-0046

Page 4p130046.eng

INITIAL REVIEW ENGINEERING REPORT PMN: 13-0046

Page 5p130046.eng

INITIAL REVIEW ENGINEERING REPORT PMN: 13-0046

Page 6p130046.eng

INITIAL REVIEW ENGINEERING REPORT PMN: 13-0046
Page 7p130046.eng

Page 8p130046.eng

Page 9
Exhibit 31.1
 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
      (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
registrant, 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)
    
    Designed such internal control over financial reporting, or caused
such internal control over financial reporting to be designed under
our supervision, to provide reasonable assurance regarding the
reliability of financial reporting and the preparation of financial
statements for external purposes in accordance with generally accepted
accounting principles;(c)
    
    Evaluated the effectiveness of the registrant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(d)
    
    Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants
most recent fiscal quarter (the registrants fourth fiscal quarter in
the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal
control over financial reporting; and
  (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 registrant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 registrants internal control over
financial reporting.
 Date: December 10, 2008
    
    /s/ Robert A. Virtue

Robert A. VirtuePresident and Chief Executive Officer(Principal Executive Officer)
 21
EXHIBIT 32.1   NETWORK EQUIPMENT TECHNOLOGIES, INC.   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 Network Equipment Technologies, Inc. (the Company) on Form 10-Q for the period ended September 25, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, C. Nicholas Keating, Jr., President and Chief Executive Officer of the Company, certify, 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 results of operations of the Company. November 03, 2009  /s/ C. NICHOLAS KEATING, JR. 
C. Nicholas Keating, Jr.
President and Chief Executive Officer
* Senior Judge John C. Godbold has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c). United States Court of Appeals, Eleventh Circuit.

No. 96-5421. UNITED STATES of America, Plaintiff-Appellee,

v. Isabel RODRIGUEZ DE VARON, Defendant-Appellant. May 29, 1998 Appeal from the United States District Court fo r the Southern Districtof Florida (No. 96-576-CRKMM), K. Michael Moore, Judge. ON PETITION FOR REHEARING AND SUGGE STION FOR REHEARING EN BANC (Opinion March 3, 1998, 11th Cir., 136 F.3d 740) Before HATCHETT, Chief Judge, and TJOF LAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL and MARCUS, Circuit Judges *

. BY THE COURT: A member of this court in active servi ce having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.
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I Tiedonantoja

Komissio

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Euron kurssi (1)

13. toukokuuta 2005

(2005/C 114/01)

1 euro= 

----

(1)

Lähde: Euroopan keskuspankin ilmoittama viitekurssi.

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Ennakkoilmoitus yrityskeskittymästä

(Asia COMP/M.3806 — Telefonica/Cesky Telecom)

(2005/C 114/02)

(ETA:n kannalta merkityksellinen teksti)

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(1)EUVL L 24, 29.1.2004, s. 1.

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Ennakkoilmoitus yrityskeskittymästä

(Asia COMP/M.3808 — Mittal/Huta Stali Czestochowa)

Yksinkertaistettuun menettelyyn mahdollisesti soveltuva asia

(2005/C 114/03)

(ETA:n kannalta merkityksellinen teksti)

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(1)EUVL L 24, 29.1.2004, s. 1.

(2)EUVL C 56, 5.3.2005, s. 32.

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Ennakkoilmoitus yrityskeskittymästä

(Asia COMP/M.3818 — Gilde/DSM Bakery Ingredients)

Asiaan sovelletaan mahdollisesti yksinkertaistettua menettelyä

(2005/C 114/04)

(ETA:n kannalta merkityksellinen teksti)

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(1)EUVL L 24, 29.1.2004, s. 1.

(2)EUVL C 56, 5.3.2005, s. 32.

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Ennakkoilmoitus yrityskeskittymästä

(Asia COMP/M.3779 — Pernod Ricard/Allied Domecq)

(2005/C 114/05)

(ETA:n kannalta merkityksellinen teksti)

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(1)EUVL L 24, 29.1.2004, s. 1.

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Ennakkoilmoitus yrityskeskittymästä

(Asia COMP/M.3813 — Fortune Brands/Allied Domecq)

(2005/C 114/06)

(ETA:n kannalta merkityksellinen teksti)

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(1)EUVL L 24, 29.1.2004, s. 1.

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Leroy JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 4D17-3792

District Court of Appeal of Florida, Fourth District.

[February 15, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
United States Court of Appeals FOR THE EIGHTH CIRCUIT

_____________ No. 97-1620EA

_____________ United States of America, * * Appellee, * Appeal from the United States

* District Court for the Eastern v. * District of Arkansas. * LaFoshen McAdoo, * [UNPUBLISHED] * Appellant. *

_____________ Submitted: June 5, 1997

Filed: June 19, 1997

_____________ Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.

_____________ PER CURIAM. In appealing his guidelines sentence, LaFoshen McAdoo's attack on th e constitu tionality of the crack cocaine sentencing ratio borders on the frivolous. W e have consistently rejected this argumen t. See United States v. Johnson , 108 F.3d 919, 922 (8th Cir. 1997). We affirm McAdoo's sentence. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
STATE EX REL. Jesse Jay MONTEJO v. Darrell VANNOY

NO. 2017-KP-0816

Supreme Court of Louisiana.

April 20, 2018

Denied.
# Official Journal L 236/13 S

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 236 |
| | |
| English edition | Legislation | Volume 4813 September 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 236

English edition

Legislation

Volume 4813 September 2005

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 1477/2005 of 12 September 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1478/2005 of 12 September 2005 amending Annexes V, VII and VIII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries | 3 |
| | | Commission Regulation (EC) No 1479/2005 of 12 September 2005 fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Jordan | 12 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 1477/2005 of 12 September 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1478/2005 of 12 September 2005 amending Annexes V, VII and VIII to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries

3

Commission Regulation (EC) No 1479/2005 of 12 September 2005 fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Jordan

12

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | Commission Decision of 20 October 2004 on the aid scheme ‘Invest Northern Ireland Venture 2003’ which the United Kingdom is planning to implement for SMEs in Northern Ireland
  (notified under document number C(2004) 3917)

   (1) | 14 |

II   Acts whose publication is not obligatory

Commission

*

Commission Decision of 20 October 2004 on the aid scheme ‘Invest Northern Ireland Venture 2003’ which the United Kingdom is planning to implement for SMEs in Northern Ireland
  (notified under document number C(2004) 3917)

   (1)

(notified under document number C(2004) 3917)

14

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

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.