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1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 44667

STATE OF IDAHO

,

Plaintiff

- Respondent

,

v.

LINDOMAR JOSE AVELAR

,

Defendant

- Appellant

. )
)
)
)
)
)
)
)
)
) 2017 Unpublished Opinion No. 570

Filed: September 1, 2017

Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho,

Jerome County. Hon. John K. Butler , District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period
of confinement of three years, for felony driving under the influence, affirmed

.

Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis , Deputy
Appellate Public Defender, Boise, f or appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming , Deputy Attorney
General, Boise, for respondent.

________________________________________________

Before GRATTON, Chief Judge; GUTIERREZ, Judge;
and HUSKEY, Judge

________________________________________________

PER CURIAM

Lindomar Jose Avelar pled guilty to felony driving under the influence. Idaho Code §§

18

- 8004, 18

- 8005(9) . The district court sentenced Avelar to a unified term of ten years with

three years determinate, and ordered that the sentence run concurrently wit h a previous case for

which Avelar was on parole when he committed the instant offense. Avelar asserts the district

court abused its discretion when it ordered his sentence into execution, rather than retaining

jurisdiction.

The primary purpose of the ret ained jurisdiction program is to enable the trial court to

obtain additional information regarding the defendant’s rehabilitative potential and suitability for2 probation, and probation is the ultimate objective of a defendant who is on retained jurisdictio n.

State v. Chapel , 107 Idaho 193, 687 P.2d 583 (Ct. App. 1984); State v. Toohill , 103 Idaho 565,

567, 650 P.2d 707, 709 (Ct. App. 1982). There can be no abuse of discretion in a trial court’s

refusal to retain jurisdiction if the court already has suffi cient information upon which to

conclude that the defendant is not a suitable candidate for probation. State v. Beebe , 113 Idaho

977, 979, 751 P.2d 673, 675 (Ct. App. 1988); Toohill , 103 Idaho at 567, 650 P.2d at 709. Based

upon the information that was before the district court at the time of sentencing, we hold that the

district court did not abuse its discretion when it declined to retain jurisdiction.
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-3815

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota. Dustin Thomas Swanda, * * [UNPUBLISHED] Appellant. *

___________ Submitted: July 22, 2010 Filed: July 28, 2010

___________ Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.

___________ PER CURIAM. Pursuant to a written plea agreement contai ning a waiver of his right to appeal, Dustin Swanda pleaded guilty to conspir acy to distribute in excess of 50 grams of actual methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. The district court 1 sentenced Swanda to 151 months in prison and 5 years of supervised release. On appeal, his couns el has moved to withdraw and has filed a brief under Anders v. California , 386 U.S. 738 (1967).

1 The Honorable David S. Doty, United Stat es District Judge for the District of Minnesota.We will enforce the appeal waiver in this case because Swanda’s appeal falls within the scope of the waiver, the r ecord shows the requisite knowledge and voluntariness, and enforcing the appeal wa iver would not constitute a miscarriage of justice. See United States v. Andis , 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, both plea agreement and waiver we re entered into knowingly and voluntarily, and no miscarriage of justice would result; one important way district court can ensure plea agreement and appeal waiver are know ing and voluntary is to question defendant properly about decision to enter agreement and to waive right to appeal); see also United States v. Estrada-Bahena , 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case). Having independently reviewed the record under Penson v. Ohio , 488 U.S. 75, 80 (1988), we have found no nonfrivolous issu es not covered by the appeal waiver. Accordingly, we grant counsel leave to withdraw, and we dismiss the appeal.

______________________________

-2-
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IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COUNTY OF ALLEGHENY

v.

GREATER NORTHERN CAPITAL INVESTMENT GROUP, DEPARTMENT OF COURT RECORDS, CURRENT OCCUPANT/TENANT, COMMONWEALTH OF PENNSYLVANIA, MUNCIPALITY OF PENN HILLS, PENN HILLS SCHOOL DISTRICT, ALCOSAN, OAKMONT WATER,

WILKINSBURG

- PENN JOINT, SCW INVESTMENTS, INC., SOUTH ALLEGHENY SCHOOL DISTRICT, RAYCO

SAUNDERS

PETITION OF: RAYCO SAUNDERS :

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

: No. 147 WAL 2022

Petition for Allowance of Appeal

from the Order of the

Commonwealth Court

ORDER

PER CURIAM

AND NOW , this 31st day of October, 2022

, the Petition for Allowance of Appeal

and Application for Stay are DENIED

.
Exhibit 31.1

     CERTIFICATIONS OF CEO PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT

                                 CERTIFICATIONS

I, Steve Careaga, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Nannaco, Inc.
("Registrant");

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 registrant's other certifying officer 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 registrant 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 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) 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

c) 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

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's Independent Registered Public Accounting Firm and the audit
committee of registrant'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 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.

August 26, 2005

/s/ Steve Careaga
-----------------
Steve Careaga
Principal Executive Officer
Sarah Olivia HANNA, Appellant(s)/Petitioner(s), v. Alfredo Jose VARGAS and State of Florida Department of Revenue Child Support Program, Appellee(s)/Respondent(s),

CASE NO.: 3D18-1894

District Court of Appeal of Florida, Third District.

SEPTEMBER 25, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Transferred.
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SUPREME COURT

OF NEVADA Douglas
2 J. Cherry 

### J. demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3).

Relying in part on Martinez v. Ryan, 566 U.S. , 132 S. Ct. 1309 (2012), appellant argued that ineffective assistance of post-convictioncounsel excused his procedural defects. Ineffective assistance of postconviction counsel would not be good cause in the instant case because the appointment of counsel in the prior post-conviction proceedings was not statutorily or constitutionally required. Crump v. Warden, 113 Nev. 293, 303, 934 P.2d 247, 253 (1997); McKague v. Warden, 112 Nev. 159, 164, 912 P.2d 255, 258 (1996). Further, this court has recently held that Martinez does not apply to Nevada's statutory post-conviction procedures, see Brown v. McDaniel, Nev. , P.3d (Adv. Op. No. 60, August 7, 2014), and thus, Martinez does not provide good cause for this late and successive petition. Appellant also appeared to claim that ineffective assistance of trial and appellate counsel would provide good cause to overcome the procedural bars. Appellant's argument did not demonstrate good cause because a claim of ineffective assistance of counsel that is itself procedurally barred cannot be good cause to excuse a procedural defect. Hathaway v. State, 119 Nev. 248, 252-53, 71 P.3d 503, 506 (2003). Therefore, the district court did not err in denying the petition as procedurally barred, and we

ORDER the judgment of the district court AFFIRMED.

-16.4 etert.4* j
. Hardesty

(0) 1947A .94P)4

### cc: Hon. Elissa F. Cadish, District Judge David Van Duke Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 

### 3
(0) 1947A 

### e
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I 

113TH CONGRESS 

2D SESSION H. R. 5854 

To allow the importation, distribution, and sale of investigational drugs and 

devices intended for use by terminally ill patients who execute an informed consent document. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 11, 2014 

Mr. GRAYSON introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To allow the importation, distribution, and sale of investigational drugs and devices intended for use by terminally 

ill patients who execute an informed consent document. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DRUGS AND DEVICES FOR USE BY TERMINALLY 

4 ILL PATIENTS. 

5 The Federal Food, Drug, and Cosmetic Act is amend6 ed by inserting after section 561 (21 U.S.C. 360bbb) the 

7 following: 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 5854 IH

1 ‘‘SEC. 561A. DRUGS AND DEVICES FOR USE BY TERMINALLY 

2 ILL PATIENTS. 

3 ‘‘(a) IN GENERAL.—Nothing in this Act or section 

4 351 of the Public Health Service Act prevents or restricts, 

5 and the Food and Drug Administration shall not imple6 ment or enforce any provision of law preventing or re7 stricting, the importation, distribution, or sale of an inves8 tigational drug or device intended for use by a terminally 

9 ill patient in accordance with subsection (b). 

10 ‘‘(b) PATIENT REQUIREMENTS.—In order for an in11 vestigational drug or device to be intended for use in ac12 cordance with this subsection, such drug or device must 

13 be intended for use by a patient who has— 

14 ‘‘(1) been diagnosed with a terminal illness by 

15 a licensed physician; 

16 ‘‘(2) been informed by a licensed physician that 

17 no drug or device that is lawfully marketed in the 

18 United States is likely to cure the illness; and 

19 ‘‘(3) executed a written informed consent docu20 ment that states— 

21 ‘‘(A) the known and potential risks and 

22 benefits of such drug or device; and 

23 ‘‘(B) any indications of the illness for 

24 which a drug or device is lawfully marketed, or 

25 for which treatment is otherwise available, in 

26 the United States. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 5854 IH

1 ‘‘(c) DEFINITION OF INVESTIGATIONAL DRUG OR

2 DEVICE.—In this section, the term ‘investigational drug 

3 or device’ means a drug or device that— 

4 ‘‘(1) has not yet been approved, licensed, or 

5 cleared for commercial distribution under section 

6 505, 510(k), or 515 of this Act or section 351 of the 

7 Public Health Service Act (42 U.S.C. 262), and can8 not otherwise be lawfully marketed in the United 

9 States; and 

10 ‘‘(2) is or has been the subject of one or more 

11 clinical trials.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS