alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Narendra PRASAD, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-73397.

United States Court of Appeals, Ninth Circuit.

Submitted April 16, 2007 *.

Filed April 18, 2007.

Bruce C. Wong, Esq., Duxford Law Group, San Francisco, CA, for Petitioner.

Ronald E. Lefevre, Chief Counsel, Office of The District Counsel Department of Homeland Security, San Francisco, CA, John C. Cunningham, Esq., DOJ—U.S. Department of Justice Civil Div./Office of Immigration Lit., Judith Reed, Esq., DOJ—U.S. Department of Justice Office of The Associate Attorney General, Washington, DC, for Respondent.

*715Before: O’SCANNLAIN, CLIFTON, and BEA, Circuit Judges.

*

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

MEMORANDUM **

Narendra Prasad, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, *INS v. Elias-Zacarias,*502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992), and we deny in part and dismiss in part the petition.

Substantial evidence supports the IJ’s decision that petitioner failed to establish past persecution or a well-founded fear of future persecution based on an enumerated ground. Because petitioner was a victim of criminal activity, and there is no evidence that the crimes were motivated based on an enumerated ground, his asylum claim accordingly fails. *See id.*at 483-84,112 S.Ct. 812.

Because petitioner failed to exhaust his due process, withholding of removal, and CAT claims to the BIA, we dismiss the petition with regard to those claims. *See Barron v. Ashcroft,*358 F.3d 674, 678 (9th Cir.2004).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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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 Quarterly Report of Fisher Communications, Inc. (the Company) on Form
10-Q for the period ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Form 10-Q), I, Joseph L. Lovejoy, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
§1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



| | (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.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 7, 2009



/s/    Joseph L. LovejoyJoseph L. LovejoySenior Vice President andChief Financial Officer
#### The People of the State of New York, Respondent, v Carl Goossens, Appellant.

[947 NYS2d 312]

Appeal from a judgment of the Livingston County Court (Robert B. Wiggins, J.), rendered April 22, 2008. The judgment convicted defendant, upon a jury verdict, of endangering the welfare of a child (two counts) and unlawfully dealing with a child in the first degree (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of two counts each of endangering the welfare of a child (Penal Law § 260.10 [1]), and unlawfully dealing with a child in the first degree (§ 260.20 [2]). Contrary to *1688defendant’s contention, County Court properly exercised its discretion in denying his motion for new assigned counsel on the morning of the commencement of trial inasmuch as there was no showing of good cause for substitution of counsel *(see People v Porto,*16 NY3d 93, 100 [2010]; *People v Linares,*2 NY3d 507, 511 [2004]; *People v Singletary,*63 AD3d 1654 [2009], *lv denied*13 NY3d 839 [2009]). Defendant’s oral request raised the same concerns raised by defendant in a prior motion for new assigned counsel, i.e., that defense counsel recommended that he accept a plea offer and that defense counsel would not provide meaningful representation at trial. That prior motion had been granted by the court with respect to the first attorney assigned in the case.

“In determining whether good cause exists, a trial court must consider the timing of the defendant’s request, its effect on the progress of the case and whether present counsel will likely provide the defendant with meaningful assistance” *(Linares,*2 NY3d at 510). The record establishes that there was no good cause for substitution of counsel here. Defendant had made similar requests for new assigned counsel both in this matter and in others of which the court was aware; the trial would be delayed if the request was granted; defense counsel had actively participated in conferences and a pretrial hearing and set forth his efforts to prepare a defense for trial; and, “[t]o the extent defendant’s relationship with counsel soured with the approach of trial, the fault lies wholly with defendant” *(id.*at 511). In addition, although defense counsel initially stated that the attorney/client relationship was irretrievably broken based upon defendant’s request for new counsel and the difficulty he had in communicating with defendant, upon further “diligent and thorough” inquiry by the court, counsel implicitly stated that he would provide meaningful representation at trial *(id.; cf. People v Sides,*75 NY2d 822, 824-825 [1990]). “Substitution of counsel is an instrument designed to remedy meaningful impairments to effective representation, not to reward truculence with delay” *(Linares,*2 NY3d at 512). Present — Scudder, P.J., Carni, Lindley, Sconiers and Martoche, JJ.
* Judge Ervin did not participate in consideration of this case. The opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d) (1988). UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6588
RALPH SEAGLE, Plaintiff - Appellant, versus M. H. BALOCH, M.D., Defendant - Appellee, and CARVILLE TOLSON, M.D.; J. C. PINION; ANN VANDERBURG, R.N., Defendants.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CA-95-201-5-BO) Submitted: August 15, 1996 Decided: August 21, 1996 Before MURNAGHAN and ERVIN, * Circuit Judges, and BUTZNER, Senior Circuit Judge.2 Affirmed by unpublished per curiam opinion. Ralph Seagle, Appellant Pro Se. David L. Woodard, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Appellant appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Seagle v. Baloch , No. CA-95-201-5-BO (E.D.N.C. Mar. 29, 1996). We deny Appellant's motion for appointment of counsel. 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
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<TABLE> <S> <C>

<ARTICLE>     5
<LEGEND>
This schedule contains summary financial information extracted from the
balance sheets and statements of operations found on pages 2 and 3 of the
Company's Form 10-QSB for the quarter ended August 31, 1999, and is qualified
in its entirety by reference to such financial statements.
</LEGEND>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAY-31-1999
<PERIOD-END>                               AUG-31-1999
<CASH>                                         215,089
<SECURITIES>                                         0
<RECEIVABLES>                                3,925,589
<ALLOWANCES>                                   647,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                             4,743,461
<PP&E>                                       3,464,390
<DEPRECIATION>                                (329,301)
<TOTAL-ASSETS>                               9,725,082
<CURRENT-LIABILITIES>                        7,555,937
<BONDS>                                              0
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<OTHER-SE>                                  (3,962,252)
<TOTAL-LIABILITY-AND-EQUITY>                 9,725,082
<SALES>                                      4,017,844
<TOTAL-REVENUES>                             4,017,844
<CGS>                                        2,806,419
<TOTAL-COSTS>                                2,806,419
<OTHER-EXPENSES>                             1,223,789
<LOSS-PROVISION>                                78,116
<INTEREST-EXPENSE>                             173,105
<INCOME-PRETAX>                               (263,585)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (263,585)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (263,585)
<EPS-BASIC>                                     (.02)
<EPS-DILUTED>                                     (.02)


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains financial information extracted from 10-K and is qualified
in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               SEP-30-1999
<CASH>                                           7,253
<SECURITIES>                                         0
<RECEIVABLES>                                   20,150
<ALLOWANCES>                                     8,591
<INVENTORY>                                     28,668
<CURRENT-ASSETS>                                64,227
<PP&E>                                          24,737
<DEPRECIATION>                                  15,994
<TOTAL-ASSETS>                                 101,897
<CURRENT-LIABILITIES>                           28,773
<BONDS>                                          6,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            74
<OTHER-SE>                                      47,983
<TOTAL-LIABILITY-AND-EQUITY>                   101,897
<SALES>                                        176,561
<TOTAL-REVENUES>                               176,561
<CGS>                                          140,906
<TOTAL-COSTS>                                  140,906
<OTHER-EXPENSES>                                25,826
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,413
<INCOME-PRETAX>                                  9,427
<INCOME-TAX>                                     2,938
<INCOME-CONTINUING>                              6,489
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,489
<EPS-BASIC>                                      .92
<EPS-DILUTED>                                      .80


</TABLE>
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<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-30-2000
<PERIOD-START>                             JAN-02-2000
<PERIOD-END>                               APR-01-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   19,937
<ALLOWANCES>                                     (780)
<INVENTORY>                                     42,511
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<PP&E>                                          64,669
<DEPRECIATION>                                (23,338)
<TOTAL-ASSETS>                                 188,691
<CURRENT-LIABILITIES>                           40,109
<BONDS>                                              0
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<PREFERRED>                                          0
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<SALES>                                         24,512
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<CGS>                                           20,669
<TOTAL-COSTS>                                   20,669
<OTHER-EXPENSES>                                 5,937
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<INTEREST-EXPENSE>                               4,402
<INCOME-PRETAX>                                (6,845)
<INCOME-TAX>                                   (2,601)
<INCOME-CONTINUING>                            (4,244)
<DISCONTINUED>                                   (167)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,411)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
Exhibit
32.1




CERTIFICATION




The
undersigned hereby certifies, in accordance with 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his capacity as an
officer of Inter Parfums, Inc., that the Annual Report of Inter Parfums, Inc. on
Form 10-K for the year ended  December 31, 2008, fully complies with
the requirements of Section 13(a) of the Securities Exchange Act of 1934 and
that the information contained in such report fairly presents, in all material
respects, the financial condition and results of operation of Inter Parfums,
Inc.





Date:
      March 11, 2009
                  By:
                  /s/
      Jean MadarJean
      MadarChief
      Executive Officer





A signed
original of this written statement required by Section 906 has been provided to
Inter Parfums, Inc. and will be retained by Inter Parfums, Inc. and furnished to
the Securities and Exchange Commission or its staff upon
request.
#### UNITED STATES of America, Plaintiff-Appellee, v. Lorenzo CRUZ DE LA CRUZ, Defendant-Appellant.

No. 09-40719.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 17, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Jose Salvador Tellez, Laredo, TX, for Defendant-Appellant.

Lorenzo Cruz De La Cruz, Post, TX, pro se.

Before REAVLEY, SMITH, and PRADO, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Lorenzo Cruz de la Cruz has moved for *821leave to withdraw and has Sled a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Cruz de la Cruz has not Sled a response. We have reviewed counsel’s brief and relevant portions of the record reSected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir R. 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 Cir R. 47.5.4.
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER OF

UNION SECURITY INSURANCE COMPANY

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report of Union Security Insurance Company (the Company) on Form 10-K for the period ended December 31,
2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Stacia N. Almquist, Treasurer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to
§ 906 of the Sarbanes-Oxley Act of 2002, that, based on 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 results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: February 29, 2008



/s/ Stacia N. AlmquistStacia N. AlmquistTreasurer and Chief Financial Officer
**EXHIBIT 99.1**

 

**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 this quarterly report on Form 10-Q of Versata, Inc. (the “Company”) for the period ended April 30, 2003, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, Eugene Wong, Chief Executive Officer and Director of the Company, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to my knowledge: 

 

1. TheReport 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 asof the date and for the periods expressed in the Report. 

 

Date: June 13, 2003

By    /s/    Eugene Wong                                        

          Eugene Wong 

          Chief Executive Officer and Director