alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Vincent MARTINEZ-MEJIA, a/k/a Jose Martinez, Jose Vicente and Vincente Martinez, Defendant-Appellant.

No. 06-50336.

United States Court of Appeals, Ninth Circuit.

Submitted April 11, 2007.*

Filed April 13, 2007.

*689Kendra S. McNally, Esq., Becky S. Walker, Esq., Office of the U.S. Attorney, Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.

Michael Tanaka, Esq., Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant.

Before: CANBY, T.G. NELSON, and SILVERMAN, Circuit Judges.

*

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

MEMORANDUM **

Vincent Martinez-Mejia appeals his sentence of 70 months imposed following his guilty plea for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a), (b)(2). We affirm.

The thrust of Martinez-Mejia’s appeal is that the district court did not consider all the factors under 18 U.S.C. § 3553(a) in fashioning his sentence and gave undue consideration to the Guidelines sentence. He also claims that the district court did not give sufficient consideration to, or that it misunderstood, his mitigation. We disagree. The district court stated that it considered the relevant factors under Section 3553(a), that it understood the advisory nature of the Guidelines, that it had considered Martinez-Meij a’s family situation, and that it was particularly concerned about Martinez-Meija’s past criminal history.

Martinez-Mejia’s two additional arguments for reversal are without merit.

First, Almendarez-Torres *v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), is still binding authority in this circuit. *See United States v. Zepeda-Martinez,*470 F.3d 909, 912 (9th Cir.2006). Second, Martinez-Mejia’s supervised release condition, requiring him to report him to a U.S. Probation Office within 72 hours of re-entry into the United States, does not violate the Fifth Amendment. *See United States v. Rodriguez-Rodriguez,*441 F.3d 767, 771-72 (9th Cir.2006).

AFFIRMED.

**

**This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
# EUR-Lex - 52006AP0061 - EN

Important legal notice

*|*

# 52006AP0061

**European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on services in the internal market (COM(2004)0002 - C5-0069/2004 - 2004/0001(COD)) **

*
Official Journal 290 E , 29/11/2006 P. 0343 - 0379 *

P6_TA(2006)0061

Services ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on services in the internal market (COM(2004)0002 — C5-0069/2004 — 2004/0001(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0002) [1],

- having regard to Article 251(2) and Articles 47(2), 55, 71 and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0069/2004),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Budgetary Control, the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Culture and Education, the Committee on Legal Affairs, Committee on Women's Rights and Gender Equality and the Committee on Petitions (A6-0409/2005),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council and Commission.

[1] Not yet published in OJ.

--------------------------------------------------
#### GREGORY, Respondent, v. POPE, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March, 1896.)

Action by Frank Gregory against Tjerck Pope.

No opinion. Judgment and order affirmed, with costs. Mem. by ADAMS, J. Not published, by direction of ADAMS, J.
#### LONG, Appellant, v. NEW YORK EL. RY. CO., Respondent.

(Supreme Court, Appellate Division, First Department

January 24, 1896.)

Action by Isaac S. Long and others against the New York Elevated Railway Company.

E. A. Hibbard, for appellant.

B. Tolies, for respondent.

No opinion. Judgment affirmed, with costs.
Exhibit 99.1

                                WRITTEN STATEMENT
                                       OF
               CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


     The undersigned hereby certify that the Quarterly Report on Form 10-QSB for
the quarter ended September 30, 2004 filed by Technology Flavors & Fragrances,
Inc. with the Securities and Exchange Commission fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that information contained in the report fairly presents, in all material
respects, the financial condition and results of operations of the issuer.


Dated:  November 11, 2004               /s/   Philip Rosner
                                        -------------------
                                        Philip Rosner
                                        Chairman and Chief Executive Officer


Dated:  November 11, 2004               /s/   Joseph A. Gemmo
                                        ---------------------
                                        Joseph A. Gemmo
                                        Vice President and Chief Financial
                                        Officer
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1961 Reported in Senate (RS)]

                                                       Calendar No. 672
105th CONGRESS
  2d Session
                                S. 1961

                    For the relief of Suchada Kwong.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 21, 1998

Mrs. Feinstein introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

            October 1 (legislative day, September 29), 1998

                Reported by Mr. Hatch, without amendment

_______________________________________________________________________

                                 A BILL

 
                    For the relief of Suchada Kwong.

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

SECTION 1. PERMANENT RESIDENCE.

    Notwithstanding any other provision of law, for purposes of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), Suchada Kwong 
shall be held and considered to have been lawfully admitted to the 
United States for permanent residence as of the date of the enactment 
of this Act upon payment of the required visa fees.

                                                       Calendar No. 672

105th CONGRESS

  2d Session

                                S. 1961

_______________________________________________________________________

                                 A BILL

                    For the relief of Suchada Kwong.

_______________________________________________________________________

            October 1 (legislative day, September 29), 1998

                       Reported without amendment
```
#### Dennis Maher, Respondent, *v.*Mrs. G. W. Willson, Appellant.

(Argued October 10, 1890;

decided October 28, 1890.)

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 8, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict.

*James Lansing*for appellant.

*Franklin M. Danaher*for respondent.

Agree to affirm; no opinion.

All concur.

Judgment affirmed.
<PAGE>   1

                                                                      Exhibit 11

            Healthdyne Information Enterprises, Inc. and Subsidiaries
             Statements of Computation of Per Share Earnings (Loss)
                    (in thousands, except per share amounts)

<TABLE>
<CAPTION>
                                                                 THREE MONTHS ENDED      SIX MONTHS ENDED
                                                                      JUNE 30,                JUNE 30,
                                                                --------------------------------------------
                                                                  1998        1997        1998        1997
                                                                  ----        ----        ----        ----
                                                                                  (UNAUDITED)
<S>                                                             <C>         <C>         <C>         <C>
Net loss                                                        $   (373)   $   (587)   $   (730)   $ (1,645)
                                                                ========    ========    ========    ========


Weighted average number of common shares
outstanding                                                       23,767      22,906      23,697      23,825
                                                                ========    ========    ========    ========


Basic net loss per share                                        $  (0.02)   $  (0.03)   $  (0.03)   $  (0.07)
                                                                ========    ========    ========    ========
Shares used in the calculation of diluted net loss 
per share:

Weighted average number of common shares
outstanding                                                       23,767      22,906      23,697      22,825

Additional shares issuable from assumed
exercise of options (see note 1)                                       0           0           0           0
                                                                --------    --------    --------    --------
                                                                  23,767      22,906      23,697      22,825
                                                                ========    ========    ========    ========


Diluted loss per share                                          $  (0.02)   $  (0.03)   $  (0.03)   $  (0.07)
                                                                ========    ========    ========    ========
</TABLE>

Note 1: Since stock options are anti-dilutive to the diluted loss per common
share calculation, stock options are not considered in such diluted loss per
share calculation for the three and six months ended June 30, 1998 and 1997.
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

No. 09-3382

 

JEFFREY BURNS,

Appellant

v.

SALEM TUBE, INCORPORATED; UNITED STEEL, PAPER AND FORESTRY,

RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE

WORKERS INTERNATIONAL UNION, AFL-CIO-CLC, LOCAL 3713-05

 

Appeal from the United States District Court

for the Western District of Pennsylvania

(D.C. Civil Action No. 2-08-cv-00289)

District Judge: Honorable Terrence F. McVerry

 

ORDER AMENDING OPINION

 

It appearing that the Clerk made typographical errors in numbering the footnotes,

the not precedential opinion filed on May 24, 2010 is hereby amended as follows:

On page 5, delete the number appearing before the footnote and number the

footnote as 1;

On page 6, change the footnote number to 2; 

On page 7, change the footnote number to 3; 

On page 8, change the footnote number to 4; 

On page 9, change the footnote number to 5; and

On page 12, change the footnote number to 6. 

This amendment does not change the date of filing, May 24, 2010.
For the Court,

/s/ Marcia M. Waldron

Clerk

Dated: June 9, 2010

cc:

John P. Corcoran, Jr., Esq.

Richard B. Sandow, Esq.

Robert B. Cottington, Esq.

Marie I. Rivera-Johnson, Esq.

Bruce A. Fickman, Esq.

Sasha Shapiro, Esq.
#### The People of the State of New York, Respondent, v David Lee, Appellant.

[946 NYS2d 858]

—Order, Supreme Court, New York County (Bruce Allen, J), entered on or about October 11, 2011, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in granting a downward departure to risk level two while declining to grant a further departure *(see People v Mingo,*12 NY3d 563, 568 n 2 [2009]; *People v Johnson,*11 NY3d 416, 421 [2008]). The court properly determined, after balancing the evidence of defendant’s rehabilitative efforts against the extreme seriousness of his criminal conduct, that a downward departure to the lowest risk level would not be warranted. Concur — Tom, J.P., Andrias, Friedman, Moskowitz and Renwick, JJ.
Exhibit 31.2

I, Daniel L. Hefner, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of American Commerce Solutions, Inc.;

2. Based on my knowledge, this quarterly 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 quarterly report;

3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;

4. The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and
have:

a) designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;

b) evaluated the effectiveness of the registrants disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the Evaluation Date); and

c) presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our
evaluation as of the Evaluation Date;

5. The registrants other certifying officers and I have disclosed, based on our most recent
evaluation, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):

a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrants ability to record, process, summarize and report financial data and have identified
for the registrants auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves
management or other employees who have a significant role in the registrants internal controls; and

6. The registrants other
certifying officers and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent
evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.



|                                       |  |                                               |  |                 
|-------------------------------------- |  | --------------------------------------------- |  | ----------------
|/s/ Daniel L. Hefner  Daniel L. Hefner |  | Chief Executive Officer, President & Director |  | October 13, 2006
EXHIBIT 24

                                POWER OF ATTORNEY


         KNOW ALL PERSONS BY THESE PRESENTS that each person whose signature
appears below hereby constitutes and appoints Manuel A. Villafana and John H.
Jungbauer, and each of them, his attorney-in-fact, with full power of
substitution, for the purpose of signing on his behalf, in any and all
capacities, the Annual Report on Form 10-K of ATS Medical, Inc. pursuant to
Section 13 of the Securities and Exchange Act of 1934, as amended, for the
fiscal year ended December 31, 1998 (the "10-K Report") and of signing any and
all amendments to the 10-K Report and to deliver the 10-K Report and any and all
amendments thereto as each thereof is so signed for filing with the Securities
and Exchange Commission.


/s/ Manuel A. Villafana                                 Dated: February 12, 1999
----------------------------                            ------------------------
Manuel A. Villafana


/s/ Richard W. Kramp                                    Dated: February 12, 1999
----------------------------                            ------------------------
Richard W. Kramp


/s/ John H. Jungbauer                                   Dated: February 12, 1999
----------------------------                            ------------------------
John H. Jungbauer


/s/ Charles F. Cuddihy, Jr.                             Dated: February 12, 1999
----------------------------                            ------------------------
Charles F. Cuddihy, Jr.


/s/ David L. Boehnen                                    Dated: February 12, 1999
----------------------------                            ------------------------
David L. Boehnen


/s/ A. Jay Graf                                         Dated: February 12, 1999
----------------------------                            ------------------------
A. Jay Graf
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                            8973
<INT-BEARING-DEPOSITS>                             509
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      64716
<INVESTMENTS-CARRYING>                           15682
<INVESTMENTS-MARKET>                             16477
<LOANS>                                         180402
<ALLOWANCE>                                       2360
<TOTAL-ASSETS>                                  281669
<DEPOSITS>                                      235285
<SHORT-TERM>                                      6405
<LIABILITIES-OTHER>                               2865
<LONG-TERM>                                      11055
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          6315
<OTHER-SE>                                       19744
<TOTAL-LIABILITIES-AND-EQUITY>                  281669
<INTEREST-LOAN>                                  11408
<INTEREST-INVEST>                                 3903
<INTEREST-OTHER>                                   302
<INTEREST-TOTAL>                                 15613
<INTEREST-DEPOSIT>                                7020
<INTEREST-EXPENSE>                                7711
<INTEREST-INCOME-NET>                             7902
<LOAN-LOSSES>                                      343
<SECURITIES-GAINS>                                   2
<EXPENSE-OTHER>                                   5817
<INCOME-PRETAX>                                   3435
<INCOME-PRE-EXTRAORDINARY>                        3435
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      2573
<EPS-PRIMARY>                                     1.81
<EPS-DILUTED>                                     1.81
<YIELD-ACTUAL>                                    4.07
<LOANS-NON>                                        225
<LOANS-PAST>                                       291
<LOANS-TROUBLED>                                   163
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                  2101
<CHARGE-OFFS>                                      130
<RECOVERIES>                                        46
<ALLOWANCE-CLOSE>                                 2360
<ALLOWANCE-DOMESTIC>                              2360
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
#### WESTERN UNION TEL. CO. v. L. & N. R. R. CO.

(Decided June 19, 1913.)

Appeal from Dallas Circuit Court.

Heard before Hon. B. M. Miller.

George H. Fearons, Campbell & Johnston, W. C. Fitts, and Ruspiton, Williams & Crenshaw, for appellant.

H. L. Stone, Geo. W. Jones, J. M. Foster, S. L. Fields, Mallory & Mallory, and Tillman, Bradley & Morrow, for appellee.

de Graffenried, J.

— Reversed and remanded on the authority of *W. U. T. Co. v. S. & N. Ala. Ry. Co., infra;*62 South. 788.

All the Justices concur, except Sayre, J , who dissents.
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