alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit

No. 20-11238

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Desmond Deleon Carviel, 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:20-CR-98-4

Before Davis, Jones, and Elrod, Circuit Judges.

Per Curiam:*

Desmond Deleon Carviel appeals the 120-month, below-guidelines 

sentence of imprisonment imposed following his guilty-plea conviction for 

conspiracy to commit a violation of 18 U.S.C. § 924(c). Carviel asserts that 

he was improperly classified as a career offender because his instant 

* Pursuant to 5th Circuit 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opinion should not be published and is not precedent except under the limited 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 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 26, 2021

Lyle W. Cayce

Clerk

Case: 20-11238 Document: 00516070263 Page: 1 Date Filed: 10/26/2021
No. 20-11238

2

conspiracy conviction does not satisfy the definition of a “controlled 

substance offense” set forth in U.S.S.G. § 4B1.2(b).

He concedes that this argument is foreclosed by United States v. 

Lightbourn, 115 F.3d 291, 292-93 (5th Cir. 1997), but seeks to preserve the 

issue for further review. The Government agrees and has filed an unopposed 

motion for summary affirmance and, in the alternative, a motion for an 

extension of time to file a brief.

The parties are correct that the sole issue is foreclosed by Lightbourn. 

See United States v. Kendrick, 980 F.3d 432, 444 (5th Cir. 2020), cert. denied, 

2021 WL 2637919 (U.S. June 28, 2021) (No. 20-7667). Thus, summary 

affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 

1158, 1162 (5th Cir. 1969).

Accordingly, the Government’s motion for summary affirmance is 

GRANTED, and the judgment of the district court is AFFIRMED. The 

Government’s alternative motion for an extension of time to file a brief is 

DENIED AS MOOT.

Case: 20-11238 Document: 00516070263 Page: 2 Date Filed: 10/26/2021
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

RONALD CLARK,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 37 EAL 2023

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 18th day of September, 2023, the Petition for Allowance of Appeal

is DENIED.
Parraguirre 

SUPREME COURT 

OF 

NEVADA 

(6) 194/A 

Further, because the State pleaded laches, appellant was required to 

overcome the presumption of prejudice to the State. See NRS 34.800(2). 

Appellant asserted that he had good cause to excuse the 

procedural defects because (1) his previous post-conviction counsel were 

ineffective, (2) he recently located evidence supporting a prior ineffectiveassistance claim, and (3) the district court order denying his first petition 

was void. To establish good cause "a petitioner must show that an 

impediment external to the defense prevented him or her from complying 

with the state procedural default rules." See Hathaway v. State, 119 Nev. 

248, 252, 71 P.3d 503, 506 (2003). Appellant's reasons for the delay in 

filing his petition do not constitute good cause. See Brown v. McDaniel, 

130., Nev. Adv. Op. 60, 331 P.3d 867, 870 (2014). Appellant also failed to 

overcome the presumption of prejudice to the State and therefore his 

petition is procedurally barred. Accordingly, we 

ORDER the judgment of the district court AFFIRMED. 2 

?Qa. 

Douglas 

2This appeal has been submitted for decision without oral argument, 

NRAP 34(0(3), and we conclude that the record is sufficient for our review 

and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 

P.2d 910, 911 (1975). 

2 
CHERRY, J., concurring: 

Although I would extend the equitable rule recognized in 

Martinez v. Ryan, 132 S. Ct. 1309 (2012), to this case because appellant 

was convicted of murder and is facing a severe sentence, see Brown v. 

McDaniel, 130 Nev., Adv. Op. 60, 331 P.3d 867 (2014) (Cherry, J., 

dissenting), I concur in the judgment on appeal. 

Cherry 

cc: Hon. William D. Kephart, District Judge 

Brendan James Nasby 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

SUPREME COURT 

OF 

NEVADA 3 

(0) 1947A eo
## NUMBER 13-21-00275- CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

LEONARDO MONTOYA III , A ppellant ,

v. THE STATE OF TEXAS, A ppellee

.

On a ppeal from the 36 th District Court of San Patric io County, Texas.



## ORDER OF ABATEMENT

Before Justices Benavides, Hinojosa, and Silva Order Per Curiam

This matter is before the Court on its own motion. Appellant’s brief was originally

due on December 27, 2021

. After receiving several extensions, o n May 19 , 2022
, the
Honorable Coretta Graham, counsel for appellant, was ordered to file appellant’s brief on
or before July 25, 2022. Appellant’s brief has not been filed and appellant has failed to
request any additional extensions.2 Accordingly, we now abate this appeal and remand the cause to the trial court for
further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate

Procedure. See Tex. R. App. P. 38. 8(b)(2), (3). U pon remand, the trial court shall utilize
whatever means necessary to make appropriate findings and recommendations
concerning the following: (1) whether appellant desires to prosecute this appeal; (2) wh y appellant ’ s counsel has failed to file a brief and whether counsel has effectively
abandoned the appeal; (3) whether appellant has been denied effective assistance of
counsel; (4) whether appellant ’ s counsel should be removed; and (5) whether appellant

i s indigent and entitled to court appointed counsel.
If the trial court determines that appellant does want to continue the appeal, that
present counsel should be removed, and that appellant is indigent and entitled to court
appointed counsel, the trial co urt shall appoint new counsel to represent appellant in this
appeal. If new counsel is appointed, the name, address, email address, telephone

number
, and state bar number of said counsel shall be included in an order appointing

counsel.
The trial court shall cause its findings and recommendations, together with any
orders it may enter regarding the aforementioned issues, to be filed in a supplemental

clerk ’ s record. Furthermore, the trial court shall cause a supplemental reporter ’ s record
of any proceedings to be prepared. The supplemental clerk ’ s record and supplemental
reporter ’ s record, if any, shall be filed with the Clerk of this Court on or before the
expiration of thirty days from the date of this order.

PER CURIAM3 Do not publish. T EX . R. A PP . P. 47.2(b).

Delivered and filed on the 12 th day o f August , 202 2

.
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-22-00112-CR

JASON PEREZ, Appellant

V.

THE STATE OF TEXAS

§

§

§

§

§

On Appeal from the 213th District 

Court

of Tarrant County (1661892D)

May 18, 2023

Per Curiam Memorandum Opinion

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that the 

appeal should be dismissed. It is ordered that the appeal is dismissed for want of 

jurisdiction.

SECOND DISTRICT COURT OF APPEALS 

PER CURIAM
#### Adrian Marion SMITH, Plaintiff-Appellant, v. Warden John McCALL; Captain Melvin Boseman; Captain Tina Syphertt; Dennis Patterson, Division of Operations; Major Marsh, Defendants-Appellees, and South Carolina Department of Corrections; SCDS Classification Bellinger, Defendants.

No. 11-6443.

United States Court of Appeals, Fourth Circuit.

Submitted: July 28, 2011.

Decided: Aug. 2, 2011.

Adrian Marion Smith, Appellant Pro Se. Evan Markus Gessner, Lide & Pauley, LLC, Lexington, South Carolina, for Ap-pellees.

Before SHEDD, AGEE, and DIAZ, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Adrian Marion Smith appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. The dis*21trict court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 686(b)(1)(B) (West 2006 & Supp.2011). The magistrate judge recommended that relief be denied and advised Smith that failure to file timely specific objections to this recommendation could waive appellate review of a district court order based upon the recommendation.

The timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. *Wright v. Collins,*766 F.2d 841, 845-46 (4th Cir.1985); *see also Thomas v. Arn,*474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Smith has waived appellate review by failing to file specific objections after receiving proper notice. Accordingly, we affirm the judgment of the district court.

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

*AFFIRMED.*
Case 1:02-cv-07472 Document 15 Filed 01/29/2003 Page 1 of 11
Case 1:02-cv-07472 Document 15 Filed 01/29/2003 Page 2 of 11
Case 1:02-cv-07472 Document 15 Filed 01/29/2003 Page 3 of 11
Case 1:02-cv-07472 Document 15 Filed 01/29/2003 Page 4 of 11
Case 1:02-cv-07472 Document 15 Filed 01/29/2003 Page 5 of 11
Case 1:02-cv-07472 Document 15 Filed 01/29/2003 Page 6 of 11
Case 1:02-cv-07472 Document 15 Filed 01/29/2003 Page 7 of 11
Case 1:02-cv-07472 Document 15 Filed 01/29/2003 Page 8 of 11
Case 1:02-cv-07472 Document 15 Filed 01/29/2003 Page 9 of 11
Case 1:02-cv-07472 Document 15 Filed 01/29/2003 Page 10 of 11
Case 1:02-cv-07472 Document 15 Filed 01/29/2003 Page 11 of 11
##### 



EXHIBIT 32.1
 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
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended, and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Registrant.
 /s/ James R. MurphyJames R. MurphyChairman of the Board of Directors and ChiefExecutive Officer(Principal Executive Officer)March 15, 2007
#### The People of the State of New York, Respondent, v Asiatic Allah, Appellant.

[943 NYS2d 897] —

Application by the appellant for a writ of error coram nobis to vacate, on the *1137ground of ineffective assistance of appellate counsel, a decision and order of this Court dated February 18, 2003 *(.People v Allah,*302 AD2d 535 [2003]), affirming a judgment of the Supreme Court, Kings County, rendered January 17, 2001.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz,*2 NY3d 277 [2004]). Skelos, J.P., Balkin, Leventhal and Austin, JJ., concur.
Case: 1:04-cv-01051 Document #: 1 Filed: 02/11/04 Page 1 of 10 PageID #:1
Case: 1:04-cv-01051 Document #: 1 Filed: 02/11/04 Page 2 of 10 PageID #:2
Case: 1:04-cv-01051 Document #: 1 Filed: 02/11/04 Page 3 of 10 PageID #:3
Case: 1:04-cv-01051 Document #: 1 Filed: 02/11/04 Page 4 of 10 PageID #:4
Case: 1:04-cv-01051 Document #: 1 Filed: 02/11/04 Page 5 of 10 PageID #:5
Case: 1:04-cv-01051 Document #: 1 Filed: 02/11/04 Page 6 of 10 PageID #:6
Case: 1:04-cv-01051 Document #: 1 Filed: 02/11/04 Page 7 of 10 PageID #:7
Case: 1:04-cv-01051 Document #: 1 Filed: 02/11/04 Page 8 of 10 PageID #:8
Case: 1:04-cv-01051 Document #: 1 Filed: 02/11/04 Page 9 of 10 PageID #:9
Case: 1:04-cv-01051 Document #: 1 Filed: 02/11/04 Page 10 of 10 PageID #:10
**EXHIBIT 23.1**

 

**INDEPENDENT AUDITORS’ CONSENT**

 

The Board of Directors and Shareholders 

Pericom Semiconductor Corporation: 

 

We consent to the incorporation by reference in Registration Statement No. 333-30412 on Form S-3, and Nos. 333-39055, 333-43934, 333-51229 and 333-58522on Form S-8 of Pericom Semiconductor Corporation of our reports dated July 23, 2003 appearing in and incorporated by reference in this Annual Report on Form 10-K of Pericom Semiconductor Corporation for the year ended June 28, 2003. 

 

Deloitte & Touche LLP 

 

San Jose, California 

September 26, 2003
# Official Journal L 170/2019

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 170 |
| | |
| English edition | Legislation | Volume 6225 June 2019 |

ISSN 1977-0677

Official Journal

of the European Union

L 170

English edition

Legislation

Volume 6225 June 2019

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003  (
  1
  ) | 1 |
| | * | Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (
  1
  ) | 115 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003  (
  1
  )

1

1

*

Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (
  1
  )

1

115

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

---

(1)   Text with EEA relevance

| 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.
Exhibit 31.1



Certification of Principal Executive
Officer

Pursuant to SEC Rule 13a-14(a)/15d-14(a)



I, George Carpenter, certify that:



1. I have reviewed this Form 10-K/A of CNS Response, Inc.
for the year ended September 30, 2013;



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.





|Dated:   January 28, 2014 | /s/ George Carpenter            
|------------------------- | --------------------------------
|                          | Name:  George Carpenter         
|                          | Title:   Chief Executive Officer
II

105TH CONGRESS

2D SESSION S. 1576

To amend the Clean Air Act to permit the exclusive application of California

State regulations regarding reformulated gasoline in certain areas within

the State.

IN THE SENATE OF THE UNITED STATES

JANUARY 28, 1998

Mrs. FEINSTEIN introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

To amend the Clean Air Act to permit the exclusive application of California State regulations regarding reformulated gasoline in certain areas within the State.

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

3 SECTION 1. CALIFORNIA REFORMULATED GASOLINE

4 RULES.

5 Section 211(c)(4)(B) of the Clean Air Act (42 U.S.C.

6 7545(c)(4)(B)) is amended by adding at the end the fol7 lowing: ‘‘If any such State that has received a waiver

8 under section 209(b)(1) promulgates reformulated gaso9 line rules for any covered area of the State (as defined
2

•S 1576 IS

1 in subsection (k)(10)), the rules shall apply in the area

2 in lieu of the requirements of subsection (k) if the State

3 rules will achieve equivalent or greater emission reductions

4 than would result from the application of the requirements

5 of subsection (k) in the case of the aggregate mass of

6 emissions of toxic air pollutants and in the case of the

7 aggregate mass of emissions of ozone-forming com8 pounds.’’.

Æ
NO. 07-01-0331 -CV IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L A FEBRUA RY 5, 2002

______________________________ RAUL MARTINEZ, APP ELLANT

V. W ELDON EDW ARDS D/B/A W ELDON EDW ARDS HEREFORDS, APPELLEE

_________________________________ FROM THE 110 TH DISTRICT COURT OF DICKENS COUNTY; NO. 3868; HON ORABLEJOHN R. H OLLUMS , JUDGE

_______________________________ Before BOYD, C.J., and REAVIS and JOHNSON, JJ. Appellant Ra ul Ma rt i ne z h as ap pe al ed fr om a judgm ent rendered against him in a per son al inj ury

cau se of ac

tion . Fo r th e re aso ns exp res sed , we dis m iss theapp eal. Notice of appeal was f iled by appellant on July 31, 2001. Two reque sts for ex ten sio n of time wer e thereafter g ranted to the cour t clerk for the fili ng of the cler k’s record, and one request for extension of

tim e wa s granted to th e court reporter for the filing2

of the reporter’s record. Each tim e, we w ere notified thatappellant had not paid or made arrangement

s to pay for the record. The m ost recent ex tensions gave the court c lerk and the court reporter until Decem ber 21, 2001, to file the records. However, we wer

e notified b y letter d ated Ja nuary 9, 2002, f rom the co urtclerk that she has had no com munications from appellant regarding payment for the preparation of the rec ord and, as of this date, no records have yet been filed in this appeal. By letter dated January 17, 2002, w e notified appellant that if an arrangement had not been m ade to pay for the records with in t en days fromthe date of the letter, the appeal would be subject to dismissal. Tex . R. App. P . 42.3. To date, w e have received no response. Accordingly, the appeal is hereby dism issed. Per Curiam Do not publish.
EXHIBIT23.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We consent to the incorporation by reference in Registration Statements on Form S-3 (No. 333-75275, 333-125671, 333-132803, 333-140107 and 333-155530) and Form S-8 (No. 333-34079, 333-63470, 333-116072 and 333-152008) of Columbia Laboratories, Inc. of our reports dated March 25, 2008 relating to our audit of the consolidated financial statements and the financial statement schedule for the year ended December 31, 2007 which appear in this Annual Report on Form 10-K/A, Amendment No. 1 of Columbia Laboratories, Inc. for the year ended December 31, 2009. Our report dated March 25, 2008 included an explanatory paragraph that effective January 1, 2007, Columbia Laboratories, Inc. adopted Financial Accounting Standards Board Interpretation No. 48, “Accounting for Uncertainty in Income Taxes - an Interpretation of FASB Statement No. 109”.








/s/ McGladrey & Pullen, LLP





McGLADREY & PULLEN, LLP


New York, New York


April 30, 2010
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Animal Parasitic Diseases Laboratory: Beltsville, MD
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    Careers


        


                    Resources
                        Our ScientistsSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Northeast Area Beltsville, Maryland (BARC) Beltsville Agricultural Research Center Animal Parasitic Diseases Laboratory People & Locations







Sasha  Kay
                        Animal Parasitic Diseases Laboratory

                        




                        
                        Biological Science Technician
                        Phone: (301) 504-8517
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov