alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### Noe David AGUILAR-MARQUEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 10-71614.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 25, 2011.

Noe David Aguilar-Marquez, San Francisco, CA, pro se.

Kate Deboer Balaban, Esquire, Trial, Justin Robert Markel, Trial, OIL, U.S. Department of Justice, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

*

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

MEMORANDUM **

Noe David Aguilar-Marquez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture, and granting his motion to remand. We dismiss the petition for review.

Because the BIA granted Aguilar-Marquez’s motion to remand to apply for relief under the Nicaraguan and Central American Relief Act, there is no final order of removal for this court to review. *See Lopez-Ruiz v. Ashcroft,*298 F.3d 886, 887 (9th Cir.2002) (order). We therefore lack jurisdiction over this petition for review. *See*8 U.S.C. § 1252(a)(1).

PETITION FOR REVIEW DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Sentencing Exhibit 2 

Page 1 of 1

Case 3:14-cr-00267-JO Document 237-2 Filed 04/07/16 Page 1 of 1
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- Persimmon Info for Growers

Persimmon Info for Growersheadline bar proposed packaging setup for 2015 harvest season


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**Exhibit 23.1****Consent of Independent Registered Public Accounting Firm**     We consent to the incorporation by reference in the Registration Statement on Form S-3 (No.’s333-141472, 333-128990, 333-114793, 333-109641 and 333-76544) of IDM Pharma, Inc. and in therelated Prospectus and in the Registration Statement on Form S-8 (No.’s 333-144330, 333-136647,333-128178, 333-117116, 333-107416, 333-87266, 333-64238, 333-63950, 333-44852, 333-87759,333-62437, 333-11577) pertaining to the 1989 Stock Plan, 1994 Non-Employee Directors’ Stock OptionPlan, As Amended, 1997 Stock Option Plan, 2000 Stock Plan, As Amended, 2001 Employee Stock PurchasePlan, As Amended, Employee Stock Purchase Plan For Employees Of IDM Pharma S.A., the IDM Pharma,Inc. Option Liquidity Agreements of IDM Pharma, Inc. of our reportdated March 19, 2008, withrespect to the consolidated financial statements of IDM Pharma, Inc. included in the Annual Report(Form 10-K) for the year ended December 31, 2007.   /s/ Ernst & Young LLPLos Angeles, California
#### In the matter of Josiah S. Stafford and Jeannette Kirkland, his Wife, Appellants, *v.*The New Orleans Canal and Banking Company.

The decision in the preceding case of Stafford and Wife *v.*The Union Bank of Louisiana, again affirmed.

This, like the preceding case of Stafford and Wife *v.*The Union Bank of Louisiana, was an appeal from the district court of the United States for the State of Texas, and was, in fact, a branch of the same case.

It is unnecessary, therefore, to recite the circumstances of it, which were similar to those of the preceding case.

Mr. Justice McLEAN

delivered the opinion of the court.

This appeal is subject, in principle, to the objections stated in the above case of Stafford and Wife *v.*The Union Bank of Louisiana; and, for the reasons stated in that case, a- peremptory *mandamus*is ordered in this one, to carry into effect the decree entered in the district court. The motion to dismiss this appeal is overruled.

*Order.*

The Honorable John C. Watrous, district judge of the United States for the district of Texas, having failed to file any return to the rule granted at the last term, in this case, requiring him to appear and show cause, if any he had, why a *mmdamus*should not be awarded, requiring and commanding him to cause the decree rendered by the said court, on the 2d day of March, A. I). 1854, in a cert' in case therein then depending, between the said New Orleans Canal and Banking Company, as complainant, and Josiah S. Stafford and Jeannette Kirkland, his wife, as defendants, to be at once carried into execution, according to the terms thereof, notwithstanding the appeal from said decree taken by the said defendants to this court, and the order of the said court that the appeal bond, filed by the said defendants on the said appeal, operated as a *supersedeas*to the said decree of the said court; and, after due deliberation thereupon had, it appearing to the court that it was the.duty of the judge, in allowing the appeal, to take security on the appeal in the sum decreed, and, not having ‘done so, that the appellant was not entitled to a *supersedeas*of any process necessary to carry the decree into execution, and that the judge was bound to issue the proper process, on the application of the. complain*284ant. It is, therefore, now here directed and ordered by this court, that a *mandamus*be awarded to the district judge of the United States for the district of Texas, requiring and commanding the said judge forthwith to carry the aforesaid decree of the said district court, of the 2d of March, A. *D.*1854, into effect.

*After-Order.*

This cause came on to be heard on the transcript of the-record from the district court of the United States for the district of • Texas; and it appearing to the court here that a stipulation, by the' counsel of the respective parties, to dismiss this appeal, at the costs of the appellants, has been filed in this cause, it is thereupon-, on the motion of *Mr. Coze,*of counsel for the appellee, now here ordered and decreed by this court, that this appeal be and the same is hereby dismissed, with costs.
#### Barbara Maciejewska Sawicki et al., Appellants, v Conklin Realty Co., LLC, Respondent.

[943 NYS2d 208]

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Sher, J.), dated January 11, 2011, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiffs allege that the plaintiff Barbara Maciejewska Sawicki was injured as a result of stumbling on the plastic edging of a stairway landing of the apartment building where she lived, which was owned by the defendant. The defendant moved for summary judgment dismissing the complaint, relying upon, among other things, the plaintiffs’ deposition testimony and photographs which the plaintiffs testified accurately depicted the condition of the plastic edging at the time of the accident. The defendant established, prima facie, its entitlement to judgment as a matter of law by demonstrating that the alleged defect, which did not have any of the characteristics of a trap or snare, was trivial and, therefore, not actionable *(see Trincere v County of Suffolk,*90 NY2d 976 [1997]; *Schenpanski v Promise Deli, Inc.,*88 AD3d 982 [2011]; *Milewski v Washington Mut., Inc.,*88 AD3d 853 [2011]; *Grosskopf v 8320 Parkway Towers Corp.,*88 AD3d 765 [2011]). In opposition, the plaintiffs failed to raise a triable issue of fact as to whether the alleged defect was trivial as a matter of law (see *Levy v Rung Sit Huie,*54 AD3d 731 [2008]). Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint.

The plaintiffs’ remaining contentions need not be reached in . light of our determination. Balkin, J.E, Belen, Hall and Miller, JJ., concur.
#### The People of the State of New York, Respondent, v David A. Smith, Appellant.

— Kane, J. P.

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered June 27, 1984, upon a verdict convicting defendant of the crime of criminal possession of stolen property in the first degree.

During February 1984, the firms of Monroe Interiors and Rochester Acoustical Corporation (Rochester) were engaged in the installation of suspended ceilings at the Crossgates Mall construction site in Albany County. During the period in question defendant was employed by Monroe Interiors, which was owned by Rick Anderson and Charles Kohlmetz. On March 27, 1984, defendant was indicted on a single count of criminal possession of stolen property in the first degree. The indictment alleged that on or about February 17, 1984 defendant knowingly possessed stolen property with the intent to benefit himself. The property consisted of 36 packages of ceiling tile and 16 boxes of ceiling grid. This property was allegedly stolen from Rochester..

At the ensuing trial, bills of lading were presented which demonstrated that the seized ceiling tile had the same manufacturer’s run numbers, and the seized ceiling grid had the same part numbers as materials delivered to Rochester. There was no direct evidence of ownership since the packages and boxes were marked with only the manufacturer’s label. Defendant explained, both in a statement to the police and at trial, that he had arranged for the temporary storage of the subject property at the request of Kohlmetz. According to defendant, he believed the material was owned by Monroe Interiors and was being stored for a few days until it could be used by Monroe Interiors at Crossgates Mall. Nothing was introduced to refute this explanation. Defendant was convicted as charged and this appeal ensued.

We reverse. In order to establish the crime of criminal *820possession of stolen property in the first degree, it is essential to prove that the defendant had knowledge that the property was stolen (Penal Law § 165.50; *People v Milea,*72 AD2d 902). In this case there is no proof of such knowledge *(cf. People v Edwards,*104 AD2d 448, 449; *People v Morris,*73 AD2d 695). Mere possession of the property is not sufficient to establish guilty knowledge where, as here, the record contains a full explanation by defendant *(see, People v Milea, supra).*

Judgment reversed, on the law and the facts, and indictment dismissed. Kane, J. P., Casey, Weiss, Yesawich, Jr., and Harvey, JJ., concur.
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NO. 12-08-00440-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§

IN RE:

§ ORIGINAL PROCEEDING

LAVERNA SELLS

§

 

MEMORANDUM OPINION

PER CURIAM

In this original proceeding, Relator Laverna Sells seeks a writ of mandamus requiring the trial

court to vacate its orders denying Relator’s motion for continuance and protective order, granting

the motion of Real Party in Interest Earl Drott to compel Relator’s deposition, and denying Relator’s

motion to reconsider. Relator further asks that the trial court be directed to proceed no further in this

case. 

On December 18, 2008, the trial court signed a final judgment in the underlying lawsuit.

Relator filed a motion for new trial and, on March 26, 2009, filed a notice of appeal from the

December 18, 2008 judgment. Consequently, on April 16, 2009, this court notified Relator that this

original proceeding appears to be moot and ordered Relator to show cause, on or before April 27,

2009, why this original proceeding should not be dismissed. The deadline for Relator’s response has

passed, and Relator has not responded to this court’s order. 

Based upon the record before us, we hold that the final judgment rendered in the underlying

lawsuit has rendered this proceeding moot. Accordingly, we dismiss this original proceeding.

Opinion delivered May 6, 2009.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)
1The Honorable Mark W. Bennett, Chief Judge, United States District Court for

the Northern District of Iowa.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 00-2804

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Northern District of Iowa.

Luis Manuel Garcia-Moreno, *

* [UNPUBLISHED]

Appellant. *

___________

 Submitted: July 6, 2001

 Filed: July 26, 2001

___________

Before BOWMAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

Luis Manuel Garcia-Moreno pleaded guilty to a one-count indictment charging

him with being found in the United States after deportation, see 8 U.S.C. § 1326 (1994

& Supp. IV 1998). At sentencing, Garcia-Moreno moved for a downward departure

based on the effect of his deportable-alien status on the conditions of his incarceration.

The District Court1 denied the motion and sentenced Garcia-Moreno to forty-three

months' imprisonment and three years of supervised release. On appeal, counsel has
-2-

filed a brief and moved to withdraw pursuant to Anders v. California, 386 U.S. 738

(1967), arguing only that the District Court erred in refusing to depart. Garcia-Moreno

has not filed a pro se supplemental brief.

We do not have authority to review a district court’s discretionary decision to

deny a departure. See United States v. Correa, 167 F.3d 414, 417 (8th Cir. 1999).

Moreover, a district court lacks authority to depart downward based on a defendant's

deportable-alien status. United States v. Cardosa-Rodriguez, 241 F.3d 613, 614 (8th

Cir. 2001) (holding that defendant's alien status is an element of the crime defined by

§ 1326 and thus cannot be a factor not adequately considered by the Sentencing

Commission in formulating the applicable sentencing guideline, U.S.S.G. § 2L1.2

(2000)). Accordingly, the District Court as a matter of law had no discretion to

exercise in denying the downward-departure motion. 

Following our independent review, see Penson v. Ohio, 488 U.S. 75 (1988), we

find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw and

affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.