alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the court has determined

that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-50596

Conference Calendar

__________________

KENNETH RAY SIMS,

 Plaintiff-Appellant,

versus

JOHNNY SMITH, Captain, Hughes Unit;

DAVID K. VANDIVER, 

 Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. W-94-CV-112

- - - - - - - - - -

(October 18, 1995)

Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that Kenneth Ray Sims's motion for leave to

proceed in forma pauperis is DENIED. Sims has not shown that he

will present a nonfrivolous issue on appeal. Carson v. Polley,

689 F.2d 562, 586 (5th Cir. 1982). Because the appeal is

frivolous, it is DISMISSED. See 5th Cir. R. 42.2.

 Sims alleged that Captain Smith hit him without

provocation, but the defendants presented Sims's disciplinary

record in which he pleaded guilty to hitting the officers, and

the judgment from his criminal proceeding in which Sims was found
No. 95-50596

-2-

guilty of two counts of aggravated assault of a correctional

officer. Sims has not refuted this evidence which establishes

that the use of force was applied "in a good faith effort to

maintain or restore discipline," rather than "maliciously and

sadistically to cause harm." Rankin v. Klevenhagen, 5 F.3d 103,

107 (5th Cir. 1993).

This court does not have jurisdiction to review the order

denying the motion for appointment of counsel because the

magistrate judge denied the motion and Sims did not appeal to the

district court. Colburn v. Bunge Towing, Inc., 883 F.2d 372, 379

(5th Cir. 1989).

For the first time on appeal, Sims alleges that he was

questioned about the excessive force incident in violation of his

Fifth Amendment rights and that he was denied access to the

courts. This court need not address issues not considered by the

district court. "[I]ssues raised for the first time on appeal

are not reviewable by this court unless they involve purely legal

questions and failure to consider them would result in manifest

injustice." Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir.

1991).

Appeal DISMISSED. Motion for injunctive relief DENIED. See

Greene v. Fair, 314 F.2d 200, 201 (5th Cir. 1963).
EXHIBIT 32.1



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 the Annual Report of Heavenly Hot Dogs, Inc. (the ACompany@) on Form 10-KSB for the period ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Elwood Shepard, Chief Executive Officer 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.



Date: March 21, 2005

By: /s/ Elwood Shepard

Elwood Shepard

Chief Executive Officer

Chief Financial Officer
#### Marine HAKOBYAN; Hovhannes Arakelyan; Sargis Arakelyan, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-71153.

United States Court of Appeals, Ninth Circuit.

Submitted March 6, 2007 *.

Filed April 6, 2007.

Anna A. Davitian, Esq., Law Offices of Anna A. Davitian, Burbank, CA, for Petitioners.

Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Kristin K. Edison, U.S. Department of *681Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: SKOPIL, FARRIS, and BOOCHEVER, Circuit Judges.

*

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

MEMORANDUM **

Marine Hakobyan, on behalf of herself, husband, and son, petitions for review of a final order issued by the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ) denial of asylum. We deny the petition for review.

DISCUSSION

To qualify for asylum, Hakobyan was required to demonstrate she suffered past persecution or has a well-founded fear of future persecution on account of political opinion. *See Zehatye v. Gonzales,*453 F.3d 1182, 1185 (9th Cir.2006) The IJ determined that Hakobyan was not credible and therefore did not meet her burden. An adverse credibility finding can be reversed “only if the evidence compels a contrary conclusion.” *Singh v. Gonzales,*439 F.3d 1100, 1105 (9th Cir.2006).

Some of the discrepancies cited by the IJ are not sufficient to support an adverse credibility finding. *See Smolniakova v. Gonzales,*422 F.3d 1037, 1045 (9th Cir.2005) (noting adverse credibility finding cannot be based on petitioner providing testimony that is more detailed than the information presented in the asylum application). Moreover, other conflicts in Hakobyan’s testimony are minor and do relate to her claim of persecution. *See Mendoza Manimbao v. Ashcroft,*329 F.3d 655, 660 (9th Cir.2003) (noting minor inconsistencies that do not relate to the applicant’s alleged fear of persecution will not generally support an adverse credibility finding). Nonetheless, “[a] single supported ground for an adverse credibility finding is sufficient if it relates to the basis for petitioner’s alleged fear of persecution and goes to the heart of the claim.” *Singh,*439 F.3d at 1108 (internal quotation omitted). An inconsistency goes to the heart of a claim and therefore will support an adverse credibility finding if it concerns events central to petitioner’s version of why she was persecuted and why she fled. *Id.*

Here, the IJ found it incredible that Hakobyan traveled back and forth between Armenia and Russia without incident or hindrance. Moreover, although Hakobyan claimed she feared returning to Armenia, she did so on several occasions and resumed her political activities. We agree with the IJ that these events indicate Hakobyan’s “fear of persecution ... was not subjectively genuine.”

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47735-47738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18334]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control


Notice of OFAC Sanctions Actions

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Notice.

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

SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (OFAC) is publishing the names of one or more persons that have 
been placed on OFAC's Specially Designated Nationals and Blocked 
Persons List based on OFAC's determination that one or more applicable 
legal criteria were satisfied. All property and interests in property 
subject to U.S. jurisdiction of these persons are blocked, and U.S. 
persons are generally prohibited from engaging in transactions with 
them.

DATES: See Supplementary Information section for effective date(s).

FOR FURTHER INFORMATION CONTACT: OFAC: Andrea Gacki, Director, tel.: 
202-622-2490; Associate Director for Global Targeting, tel.: 202-622-
2420; Assistant Director for Licensing, tel.: 202-622-2480; Assistant 
Director for Regulatory Affairs, tel.: 202-622-4855; or the Assistant 
Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490.

SUPPLEMENTARY INFORMATION:

Electronic Availability

    The Specially Designated Nationals and Blocked Persons List and 
additional information concerning OFAC sanctions programs are available 
on OFAC's website (www.treasury.gov/ofac).

Notice of OFAC Action(s)

    A. On August 20, 2021, OFAC determined that the property and 
interests in property subject to U.S. jurisdiction of the following 
persons are blocked under the relevant sanctions authority listed 
below.

Individuals

BILLING CODE 4810-AL-P

[[Page 47736]]

[GRAPHIC] [TIFF OMITTED] TN26AU21.018


[[Page 47737]]


[GRAPHIC] [TIFF OMITTED] TN26AU21.019

Entities

[[Page 47738]]

[GRAPHIC] [TIFF OMITTED] TN26AU21.020


    Dated: August 20, 2021.
Bradley T. Smith,
Acting Director, Office of Foreign Assets Control, U.S. Department of 
the Treasury.
[FR Doc. 2021-18334 Filed 8-25-21; 8:45 am]
BILLING CODE 4810-AL-C
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1959 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1959

  To prohibit the expenditure of Federal funds to provide or support 
programs to provide individuals with hypodermic needles or syringes for 
                       the use of illegal drugs.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 21, 1998

Mr. Coverdell (for himself, Mr. Ashcroft, and Mr. Brownback) introduced 
the following bill; which was read twice and referred to the Committee 
                      on Labor and Human Resources

_______________________________________________________________________

                                 A BILL

 
  To prohibit the expenditure of Federal funds to provide or support 
programs to provide individuals with hypodermic needles or syringes for 
                       the use of illegal drugs.

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

SECTION 1. PROHIBITION ON USE OF FUNDS FOR HYPODERMIC NEEDLES.

    Notwithstanding any other provision of law, no Federal funds shall 
be made available or used to carry out or support, directly or 
indirectly, any program of distributing sterile hypodermic needles or 
syringes to individuals for the hypodermic injection of any illegal 
drug.
                                 <all>
```
Exhibit 99.2
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 Bourbon Bancshares, Inc. (the
"Company") on Form 10-Q for the period ended March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Gregory J. Dawson, 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/ Gregory J. Dawson____
                              Chief Financial Officer

                              May 15, 2003

1
UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

MOHAMED SHEIKH ABDIRAHMAN 

KARIYE, 

Defendant. 

Case No. 3:15-cv-01343-JO 

CONSENT JUDGMENT 

REVOKING 

NATURALIZATION 

The Court having considered the Amended Complaint filed by the United States of 

America ("United States") against Mohamed Sheikh Abdirahman Kariye ("Defendant") and 

having jurisdiction over this matter pursuant to 8 U.S.C. § 145l(a), 28 U.S.C. §§ 1331 and 1345; 

Defendant having been advised by counsel; the parties having entered into a Settlement 

Agreement; Defendant, having read and understood the Amended Complaint and Settlement 

Agreement, having discussed the same with his counsel, and having consented to an order 

revoking his naturalization pursuant to Count V of the Amended Complaint; and the parties 

having filed a Joint Motion for Consent Judgment in accordance with the express terms of the 

Settlement Agreement; 

THEREFORE, pursuant to the Settlement Agreement and 8 U.S.C. § 145l(a), it is hereby 

ORDERED, ADJUDGED, and DECREED: 

(1) The Joint Motion for Consent Judgment is GRANTED; 

(2) The August 14, 1998 order of naturalization admitting Defendant to United States 

citizenship is REVOKED and SET ASIDE; 

(3) Certificate of Naturalization No. 24307995 issued to Defendant is CANCELED, 

effective as of the original date of the certificate, August 14, 1998; 

Case 3:15-cv-01343-JO Document 98 Filed 05/06/19 Page 1 of 2
(4) Defendant is forever RESTRAINED and ENJOINED from claiming any rights, 

privileges, benefits, or advantages under any document which evidences United States 

citizenship obtained as a result of his August 14, 1998 naturalization; 

(5) Defendant having surrendered his Certificate of Naturalization No. 24307995 to 

the Court on January 15, 2019, counsel of record for the United States shall take 

possession of Defendant's Certificate ofNaturalization No. 24307995 within ten days of 

this Order. 

(6) Defendant, no later than five days after his arrival in Somaliland, shall complete 

and sign a Form 1-407, Record of Abandonment of Lawful Permanent Resident Status, 

and shall forward this Form 1-407 and his United States passport from Somaliland by 

DHL Express to the address of record in this matter for counsel for the United States, 

Christopher W. Hollis. 

(7) Counsel for the Parties, by no later than May 28, 2019, shall appear for a 

compliance hearing at which Defendant must demonstrate that he has complied with this 

Judgment, unless the United States provides notice that Defendant has fully complied and 

this Judgment is satisfied, in which case such hearing will be canceled. 

IT IS SO ORDERED. 

·("- DA TED at Portland, Oregon, this __jd__ day of May, 2019. 

BY THE COURT: 

Senior Unit ates District Judge 

2 

Case 3:15-cv-01343-JO Document 98 Filed 05/06/19 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

COBBLER NEVADA, LLC,

Plaintiff,

v.

THOMAS GONZALES,

Defendant.

Case No. 3:15-cv-866-SB

JUDGMENT

Michael H. Simon, District Judge.

Based on the Court’s Order dated June 8, 2016 (ECF 39) adopting the Findings and 

Recommendation dated March 18, 2016 (ECF 35) and Order filed contemporaneously herewith,

IT IS ADJUDGED that Plaintiff’s claim against Thomas Gonzales for indirect copyright 

infringement is dismissed with prejudice and Plaintiff’s claim against Thomas Gonzales for 

direct copyright infringement is dismissed without prejudice.

IT IS FURTHER ADJUDGED that attorney’s fees in the amount of $17,222.40 and 

costs in the amount of $252.20 are awarded to Thomas Gonzales.

DATED this 4th day of January, 2017.

/s/ Michael H. Simon

Michael H. Simon

United States District Judge

Case 3:15-cv-00866-SB Document 56 Filed 01/04/17 Page 1 of 1
[Cite as State v. Jackson, 124 Ohio St.3d 117, 2009-Ohio-6541.] 

THE STATE OF OHIO, APPELLEE, v. JACKSON, APPELLANT. 

[Cite as State v. Jackson, 124 Ohio St.3d 117, 2009-Ohio-6541.] 

Court of appeals’ judgment affirmed on the authority of State v. Lester. 

(No. 2009-0239 — Submitted September 30, 2009 — Decided 

December 17, 2009.) 

APPEAL from the Court of Appeals for Lucas County, No. L-07-1281, 

2008-Ohio-6805. 

__________________ 

{¶ 1} The judgment of the court of appeals is affirmed on the authority 

of State v. Lester, 123 Ohio St.3d 396, 2009-Ohio-4225, 916 N.E.2d 1038. 

 MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR,

O’DONNELL, LANZINGER, and CUPP, JJ., concur. 

__________________ 

Julia R. Bates, Lucas County Prosecuting Attorney, and Evy M. Jarrett, 

Assistant Prosecuting Attorney, for appellee. 

John B. Jackson, pro se. 

______________________
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-6953

DANIEL TEMPLE, a/k/a Dan Temple,

Plaintiff - Appellant,

versus

OCONEE COUNTY MEMORIAL HOSPITAL; SOUTH

CAROLINA DEPARTMENT OF SOCIAL SERVICES; OCONEE

COUNTY SHERIFF’S DEPARTMENT,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Anderson. Terry L. Wooten, District Judge.

(CA-02-3627)

Submitted: August 12, 2004 Decided: August 20, 2004

Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Daniel Temple, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Daniel Temple appeals the district court’s judgment

accepting the recommendation of the magistrate judge and dismissing

without prejudice his civil rights complaint. We have reviewed the

record and find no reversible error. Accordingly, we affirm on the

reasoning of the district court. See Temple v. Oconee County Mem’l

Hosp., No. CA-02-3627 (D.S.C. May 13, 2004). Because Temple is

proceeding on appeal under the PLRA, we deny the motion for in

forma pauperis status. 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
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 USC SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form
10-Q of Medallion Financial Corp. (the Company) for the quarter ending September 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, pursuant
to 18 USC Section 1350, as adopted pursuant to Section 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 as of the dates and for the periods expressed in the Report.



|                        |  |                   
|----------------------- |  | ------------------
|By:                     |  | /s/ Alvin Murstein
|Chairman and           
|Chief Executive Officer

Date: November 3, 2011