alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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                        Commodity Protection and Quality Research

                        




                        
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1Pursuant 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.

1

United States Court of Appeals

Fifth Circuit

FILED

August 15, 2005

Charles R. Fulbruge III

Clerk

 IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 04-51358

_____________________

UNITED STATES OF AMERICA

 Plaintiff - Appellee

 v.

AURELIANO AGUILAR-TAPIA

 Defendant - Appellant

---------------------

Appeal from the United States District Court for the

Western District of Texas, Del Rio

---------------------

Before SMITH, GARZA, and PRADO, Circuit Judges. 

PER CURIAM:1

IT IS ORDERED that appellee’s unopposed motion to vacate

sentence is GRANTED.

IT IS FURTHER ORDERED that appellee’s unopposed motion to

remand case to the district court for resentencing is GRANTED.
2

IT IS FURTHER ORDERED that appellee’s unopposed alternative

motion to extend time to file appellee’s brief until 14 days

after denial of the motion to vacate and remand is DENIED.
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum

opinions. Please also note that this electronic memorandum opinion may contain

computer-generated errors or other deviations from the official paper version filed by the Court of

Appeals and does not include the filing date. 

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 DEWEY C. COKE,

3 Worker-Appellee,

4 v. No. 35,097

5 STEVE STOCK d/b/a STOCK

6 TRANSPORTATION and MOUNTAIN

7 STATES INSURANCE GROUP,

8 Employer/Insurer-Appellants.

9 APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION

10 Leonard J. Padilla, District Judge

11 LeeAnn Ortiz

12 Albuquerque, NM

13 for Appellee

14 Law Offices of Robert Bruce Collins

15 Robert Bruce Collins

16 Julie Koschtial

17 Audra Davie

18 Albuquerque, NM

19 for Appellant
2

1 MEMORANDUM OPINION

2 SUTIN, Judge.

3 {1} Summary affirmance was proposed for the reasons stated in the notice of

4 proposed summary disposition. No memorandum opposing summary affirmance has

5 been filed and the time for doing so has expired.

6 {2} AFFIRMED.

7 {3} IT IS SO ORDERED. 

8 __________________________________

9 JONATHAN B. SUTIN, Judge

10 WE CONCUR:

11 _______________________________

12 MICHAEL E. VIGIL, Chief Judge

13 _______________________________

14 TIMOTHY L. GARCIA, Judge
#### The People of the State of New York, Respondent, v Justin Visconti, Appellant.

[946 NYS2d 489]

— Appeal by the defendant from a judgment of the County Court, Nassau County (Peck, J.), rendered July 26, 2011, convicting him of attempted grand larceny in the second degree, upon his plea of guilty, and imposing sentence, including restitution in the sum of $20,000.

*980Ordered that the judgment is modified, on the law, by vacating the provision of the sentence directing the defendant to pay restitution in the sum of $20,000 and substituting therefor a provision directing the defendant to pay restitution in the sum of $15,000; as so modified, the judgment is affirmed.

By pleading guilty, the defendant forfeited his right to judicial review of his claim that the grand jury proceeding was rendered defective by the improper introduction of purported business records *(see People v Hansen,*95 NY2d 227, 231-233 [2000]; *People v Di Raffaele,*55 NY2d 234, 240 [1982]; *People v Ortiz,*84 AD3d 839, 840 [2011]; *People v Nordahl,*46 AD3d 579, 580 [2007]; *People v Kalu,*45 AD3d 699 [2007]).

The County Court providently exercised its discretion in denying the defendant’s motion to withdraw his plea of guilty *(see People v Seeber,*4 NY3d 780 [2005]; *People v Amanze,*87 AD3d 1159 [2011]; *People v Wiedmer,*71 AD3d 1067 [2010]; *People v McGhee,*62 AD3d 1027 [2009]; CPL 220.60 [3]). The record reflects that the defendant knowingly, voluntarily, and intelligently entered his plea of guilty *(see generally People v Catu,*4 NY3d 242, 244-245 [2005]; *People v Fiumefreddo,*82 NY2d 536, 543 [1993]; *People v Haffiz,*77 AD3d 767, 768 [2010]; *People v Rhodes,*62 AD3d 815, 816 [2009]).

As the People correctly concede, the amount of restitution imposed must be modified to conform to the County Court’s determination at the restitution hearing *(see People v Hooten,*81 AD3d 1384 [2011]). Angiolillo, J.P., Florio, Belen and Chambers, JJ., concur.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1503 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1503

           To protect the voting rights of homeless citizens.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1997

 Mr. Wellstone introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL

 
           To protect the voting rights of homeless citizens.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voting Rights of Homeless Citizens 
Act of 1997''.

SEC. 2. VOTING RIGHTS OF HOMELESS CITIZENS.

    No voting qualification or prerequisite to voting, or standard, 
practice, or procedure shall be imposed or applied by any State or 
political subdivision to deny or abridge the right of any citizen of 
the United States to vote because that citizen resides at or in a 
nontraditional abode.

SEC. 3. ENFORCEMENT.

    The Attorney General may commence in the name of the United States 
a civil action (including an action against a State or political 
subdivision) or an aggrieved citizen may institute a proceeding under 
this Act, for injunctive relief against a violation of section 2.

SEC. 4. RELATIONSHIP TO VOTING RIGHTS ACT OF 1965.

    This Act shall not be construed to impair any right guaranteed by 
the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).

SEC. 5. DEFINITIONS.

    As used in this Act, the term ``nontraditional abode'' includes--
            (1) a supervised publicly or privately operated shelter 
        designed to provide temporary living accommodations (including 
        welfare hotels, congregate shelters, and transitional housing 
        for the mentally ill); and
            (2) a public or private place not designated for, or 
        ordinarily used as, regular sleeping accommodation for human 
        beings.

SEC. 6. EFFECTIVE DATE.

    This Act applies with respect to elections taking place after 
December 31, 1997.
                                 <all>
```
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 **Secure .gov websites use HTTPS**
                            
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 Agroecosystem Management Research: Lincoln, NE
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Jennifer  Carter
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Order entered January 23, 2017 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-17-00033-CV 

IN RE SENRICK WILKERSON, Relator 

Original Proceeding from the 95th Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. DC-15-00716-D 

ORDER 

Based on the Court’s opinion of this date, we DENY relator’s January 9, 2017 petition 

for writ of mandamus. 

/s/ DAVID J. SCHENCK 

 JUSTICE
<PAGE>

                                                                    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 Quarterly Report of Waypoint Financial Corp. (the "Company")
on Form 10-Q/A for the period ending March 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, James H. Moss,
Senior Executive Vice President and 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, to the best of 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 result of operations of
          the Company.



/s/ James H. Moss
-----------------
James H. Moss,
Senior Executive Vice President and Chief Financial Officer


November 14, 2003


                                       35
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v. JOSE LUIS HIDALGO

- VILLANUEVA,

Defendant

- Appellant. No. 15

- 501 09 D.C. No. 3:14

- cr - 03410

- BEN

MEMORANDUM *

Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding Submitted December 9, 2015 ** Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges. Jose Luis Hidalgo

- Villanueva appeals from the district court’ s judgment and challenges the 13

- month s entence imposed following his guilty

- plea conviction for being a removed alien found in the United States, 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 9th Cir. R. 36

- 3.

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

# FILED

DEC 14 2015 MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 15

- 50109

H i dalgo

- Villanueva contends that the government breached the parties’ plea agreement at the sentencing hearing by implicitly s uggesting that it did not support the stipulated four

- level fast

- track departure under U.S .S.G. § 5K3.1

. We reject this argument because th e record reflects that, in its sentencing summary chart and at the sentencing hearing, the government stood by its recommendation that Hidalgo

- Villanueva receive the stipulated fast

- track departure

. Accordingly, Hidalgo

- Villanueva recei ved the benefit of his bargain and “the presentation of a united front to the court.” United States v. Alcala

- Sanchez, 666 F.3d 571, 575 (9th Cir. 2012) (internal quotation s omitted). Hidalgo

- Villanueva next contends that his sentenc e is substantively unreasonable in light of the mitigating factors and the court’s denial of the fast

- track departure

. We disagree

. The within

- Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Hidalgo

- Villanueva’s immigration history

. See Gall v. United States , 552 U.S. 38, 51 (2007 ).
AFFIRMED.
#### In the Matter of Kim Montague, Appellant, v Jason A. Brooks, Respondent. In the Matter of Jason A. Brooks, Respondent, v Kim Montague, Appellant.

[945 NYS2d 905]

Appeal from an order of the Family Court, Chautauqua County (Kevin M. Carter, J.), entered May 10, 2011 in a proceeding pursuant to Family Court Act article 6. The order, among other things, awarded respondent-petitioner sole custody of the subject child.

Now, upon reading and filing the stipulation of discontinuance signed by petitioner-respondent, the attorneys for the parties, and by the Attorney for the Child on March 12, 2012,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present — Smith, J.P., Fahey, Peradotto, Sconiers and Martoche, JJ.
Consent
of Independent Registered Public Accounting Firm




The Board
of Directors and Shareholders


Emeritus
Corporation




We
consent to the incorporation by reference in the registration statements (Nos.
333-145862, 333-138414, 333-126106, 333-60323, 333-05965 and 333-70580) on Form
S-8 and (Nos. 333-148400, 333-141801 and 333-20805) on Form S-3 of Emeritus
Corporation of our reports dated March 16, 2009, with respect to the
consolidated balance sheets of Emeritus Corporation and subsidiaries as of
December 31, 2008 and 2007, and the related consolidated statements of
operations, shareholders’ equity (deficit), and cash flows for each of the years
in the three-year period ended December 31, 2008, and the effectiveness of
internal control over financial reporting as of December 31, 2008, which reports
appear in the December 31, 2008 annual report on Form 10-K of Emeritus
Corporation.














/s/ KPMG
LLP









(signed)
KPMG LLP









Seattle,
Washington




March 16,
2009
Alan Stuart Graf, OSB # 92317 

alangraf@aracnet.com 

208 Pine St 

Floyd, VA 24091 

Telephone: 540-745-2519 

Fax: 931-964-3127 

Attorneys for Plaintiff 

STEVEN CHURCH 

Plaintiff, 

V. 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

Commissioner of Social Security, 

Defendant. 

6:14-cv-01373-ST 

ORDER FOR EAJA 

ATTORNEY FEES 

Based upon the stipulation of the parties, it is hereby ORDERED that Plaintiff is awarded 

attorney fees in the amount of $4,052.66 and costs of $400.00. Subject to any offset allowed 

under the Treasury Offset Program, as discussed in Astrne v. Ratliff, 139 S. Ct. 2521 (2010), 

payment of this award shall be made payable to Plaintiffs attorney: 

Alan Stuart Graf, PC, 208 Pine St., Floyd VA 24091. 

It is so ORDERED 

Dated thi(-)l{Sfd~y of December, 2015 

Prepared as to form 

/s/ Alan Graf 

Attorney for Plaintiff 

ORDER FOR EAJA FEES-! 

( 

Case 6:14-cv-01373-YY Document 30 Filed 12/28/15 Page 1 of 1
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
  (1)
    
    The Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and(2)
    
    The information contained in the Form 10-Q fairly presents, in all material respects,
the financial condition and results of operations of the Company.
  /s/ Joseph L. LovejoyJoseph L. LovejoySenior Vice President

Chief Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUL-31-1998
<PERIOD-START>                             AUG-01-1997
<PERIOD-END>                               JAN-31-1998
<CASH>                                       2,394,501
<SECURITIES>                                         0
<RECEIVABLES>                               10,744,321
<ALLOWANCES>                                   700,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            15,052,087
<PP&E>                                       5,394,288
<DEPRECIATION>                               2,647,706
<TOTAL-ASSETS>                              32,844,225
<CURRENT-LIABILITIES>                       13,722,744
<BONDS>                                              0
<PREFERRED-MANDATORY>                       19,248,678
<PREFERRED>                                          0
<COMMON>                                        51,904
<OTHER-SE>                                  (6,029,587)
<TOTAL-LIABILITY-AND-EQUITY>                32,844,225
<SALES>                                      9,064,608
<TOTAL-REVENUES>                            22,049,749
<CGS>                                        3,992,909
<TOTAL-COSTS>                               19,306,860
<OTHER-EXPENSES>                               281,781
<LOSS-PROVISION>                               175,000
<INTEREST-EXPENSE>                             319,453
<INCOME-PRETAX>                              2,461,108
<INCOME-TAX>                                   974,000
<INCOME-CONTINUING>                          1,487,108
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,487,108
<EPS-PRIMARY>                                      .29
<EPS-DILUTED>                                      .20
        

</TABLE>
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                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
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                    U.S. DEPARTMENT OF AGRICULTURE
 Northwest Sustainable Agroecosystems Research: Pullman, WA
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ARS Home Pacific West Area Pullman, Washington Northwest Sustainable Agroecosystems Research People & Locations







Ian  Guest
                        Northwest Sustainable Agroecosystems Research

                        




                        
                        Agricultural Research Technician
                        Phone: (509) 334-3180
                        
                        
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