alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 41543 Conference Calendar

UNITED STATES OF AMERICA,
Plaintiff

- Appellee

v. NELSON NEHEMIAS MENDEZ

- DE PAZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15

- CR

- 829

- 1

Before SMITH , CLEMENT , and COSTA , Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Nelson Nehemias Mendez

- De Paz has moved for leave to withdraw and has filed brief s in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Mendez

- De Paz h a s not f iled a response. We have reviewed counsel’s brief s and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 20 , 2017 Lyle W. Cayce Clerk Case: 15-41543 Document: 00514039944 Page: 1 Date Filed: 06/20/2017No. 15

- 41543

2 presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leav e to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 15-41543 Document: 00514039944 Page: 2 Date Filed: 06/20/2017
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-60085

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CHRISTOPHER WAYNE GABLE,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Mississippi

USDC No. 2:10-CR-43-1

Before DAVIS, JONES, and DENNIS, Circuit Judges.

PER CURIAM:*

Christopher Wayne Gable appeals the sentence imposed by the district

court following his guilty plea conviction for three counts of bank robbery. He

argues that the sentence is substantively unreasonable and too severe, given

that he cooperated and assisted law enforcement officers, he was not armed, and

he took a small amount of money totaling just over $2000 from all three banks.

United States Court of Appeals

Fifth Circuit

F I L E D

October 22, 2012

Lyle W. Cayce

Clerk

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.

Case: 12-60085 Document: 00512027980 Page: 1 Date Filed: 10/22/2012
No. 12-60085

Because Gable did not object to the substantive reasonableness of the sentence

in the district court, review is limited to plain error. See United States v. Peltier,

505 F.3d 389, 391-92 (5th Cir. 2007). 

The district court did not err in imposing the 78-month within-guidelines

sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). Gable’s

within-guidelines sentence is presumed reasonable. See United States v. Cooks,

589 F.3d 173, 186 (5th Cir. 2009). The district court considered Gable’s

arguments for a lesser sentence, including his mental health and drug addiction

problems, as well as the Presentence Report, the applicable guidelines range,

and the 18 U.S.C. § 3553(a) factors. The Presentence Report noted that Gable

was unarmed, that he cooperated with the Government, and that he took a

relatively small amount of money. Gable has not shown that the district court

made a clear error of judgment in balancing the § 3553(a) factors. See Cooks,

589 F.3d at 186. His arguments constitute a disagreement with the district

court’s weighing of those factors; he is essentially asking this court to reweigh

the § 3553(a) factors, which it may not do. See id.; United States v.

Gomez-Herrera, 523 F.3d 554, 565-66 (5th Cir. 2008). Therefore, Gable has not

shown that the district court erred, plainly or otherwise, in imposing the 78-

month within-guidelines sentence. See Cooks, 589 F.3d at 186; Gomez-Herrera,

523 F.3d at 565-66.

AFFIRMED. 

2

Case: 12-60085 Document: 00512027980 Page: 2 Date Filed: 10/22/2012
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1819 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1819

 To suspend temporarily the duty on certain fluorozirconium compounds.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 23, 1998

Mr. Lautenberg introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on certain fluorozirconium compounds.

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

SECTION 1. TEMPORARY SUSPENSION OF DUTY ON CERTAIN FLUOROZIRCONIUM 
              COMPOUNDS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.28.11      Potassium                                                                                
                        hexafluorozircona                                                                       
                        te (CAS No. 16923-                                                                      
                        95-8) (provided                                                                         
                        for in subheading                                                                       
                        2826.90.00) and                                                                         
                        hexafluorozirconi                                                                       
                        um acid (CAS No.                                                                        
                        12021-95-3)                                                                             
                        (provided for in                                                                        
                        subheading                                                                              
                        2811.19.60)......  Free         No change         No change         On or before 12/    
                                                                                             31/2001            
                                                                                                                

    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the date that is 15 days after the date of 
enactment of this Act.
                                 <all>
```
NOTICE OF ADDRESS CHANGE PAGE 1 

Bonnie Allen-Sailer, OSB #145178 

bonnie@nwjp.org 

Corinna Spencer-Scheurich, OSB #130147 

corinna@nwjp.org 

Northwest Workers’ Justice Project 

812 SW Washington St, Suite 225 

Portland, OR 97205 

Telephone: (503) 525-8454 

Facsimile: (503) 946-3029 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

 

HUGO GONZALEZ PEREZ, an individual,

 Plaintiff,

 v. 

PAVILION CONSTRUCTION NW LLC, a 

domestic limited liability company, PAVILION 

PROPERTIES, LLC, a domestic limited liability 

company, d.b.a. Pavilion Construction, LLC, P R 

DRYWALL LLC, a domestic limited liability 

company,

 

 Defendants. 

 Civil No.: 3:15-cv-2114-KI 

NOTICE OF ADDRESS CHANGE 

Bonnie Allen-Sailer and Corinna Spencer-Scheurich, counsel for Plaintiff, file this Notice of 

Address Change in the above captioned case. The new address is as follows (please note that the 

only change in the address is to the suite number): 

Case 3:15-cv-02114-KI Document 3 Filed 12/04/15 Page 1 of 3
NOTICE OF ADDRESS CHANGE PAGE 2 

Bonnie Allen-Sailer

Corinna Spencer-Scheurich 

Northwest Workers’ Justice Project 

812 SW Washington St, Suite 225 

Portland, Oregon 97205 

Telephone: (503) 525-8454 

Facsimile: (503) 946-3029 

Respectfully submitted this 4th day of December, 2015. 

 

/s/ Bonnie Allen-Sailer

Bonnie Allen-Sailer, OSB #145178 

bonnie@nwjp.org 

Northwest Workers’ Justice Project 

812 SW Washington St, Suite 225 

Portland, OR 97205 

Telephone: (503) 525-8454 

Facsimile: (503) 946-3029 

Attorney for Plaintiff 

Case 3:15-cv-02114-KI Document 3 Filed 12/04/15 Page 2 of 3
NOTICE OF ADDRESS CHANGE PAGE 3 

CERTIFICATE OF SERVICE

 I, Bonnie Allen-Sailer, hereby certify that on December 4, 2015, I delivered a true copy 

of the foregoing document on counsel for the Defendants as follows: 

Via email to: 

Angela Otto 

aotto@balljanik.com 

Ball Janik LLP 

101 SW Main Street, Suite 1100 

Portland, Oregon 97204 

Attorney for Defendants Pavilion Construction NW LLC and Pavilion Properties, LLC 

Todd Schwartz 

tschwartz@ria-law.com 

Schwartz Law Group 

470 2nd Street, Suite C 

Lake Oswego, Oregon 97034 

Attorney for Defendant P R Drywall LLC

 

 /s/_Bonnie Allen-Sailer 

 Bonnie Allen-Sailer 

Case 3:15-cv-02114-KI Document 3 Filed 12/04/15 Page 3 of 3
#### In the Matter of the Claim of Gwendolyn Williams, Respondent, v Leticia Geddes, Appellant. Workers’ Compensation Board, Respondent.

— Casey, J.

Appeal from a decision of the Workers’ Compensation Board, filed November 20, 1985.

The employer objects to the finding of covered employment made by the Workers’ Compensation Board. Pursuant to Workers’ Compensation Law § 2 (4), the term "employee” does not include domestic servants except as provided in Workers’ *797Compensation Law § 3. The latter statute contains a listing of the employments subject to workers’ compensation and includes "[d]omestic workers * * * employed by the same employer for a minimum of forty hours per week” (Workers’ Compensation Law § 3 [1], [12]).

Viewed in its most favorable light, the testimony in this case can best be described as vague and inconsistent. Nevertheless, it appears undisputed that (1) the employer was seeking a full-time live-in domestic to care for her children and do light housekeeping; (2) the employer interviewed claimant for the position; and (3) the employer hired claimant. It is the capacity in which claimant was employed that is in dispute.

Claimant, of course, testified that she was hired to fill the position for which she was interviewed, alleging that she fell and injured herself on the third day of her employment and was unable to work thereafter. The employer, on the other hand, testified that she found claimant unsuitable for the position and so advised her, but that claimant was hired for one evening of baby-sitting. The testimony of the employment agency representative who arranged the interview seems to take the middle ground: that claimant did not meet all the employer’s requirements, but was hired to fill the position until a more suitable person could be found. In view of the Board’s broad powers to resolve questions of credibility and draw reasonable inferences from the evidence found credible *(see, Matter of Wiltshire v Consolidated Edison Co.,*89 AD2d 657), we cannot disturb the Board’s finding that claimant’s employment as a domestic was subject to workers’ compensation coverage pursuant to Workers’ Compensation Law § 2 (4) and § 3 (1), (12). The employer’s argument regarding the lack of any direct proof as the number of hours involved in the employment is unavailing, for the Board could reasonably infer that the full-time live-in arrangement contemplated by the employer involved 40 or more hours per week.

Decision affirmed, with costs to the Workers’ Compensation Board. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

ROBERT D. KLING,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 567 MAL 2021

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 18th day of May, 2022, the Petition for Allowance of Appeal is 

DENIED.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           3,675
<SECURITIES>                                         0
<RECEIVABLES>                                    5,740
<ALLOWANCES>                                     (174)
<INVENTORY>                                      4,212
<CURRENT-ASSETS>                                13,453
<PP&E>                                           7,282
<DEPRECIATION>                                 (4,051)
<TOTAL-ASSETS>                                  18,119
<CURRENT-LIABILITIES>                            6,570
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           312
<OTHER-SE>                                      11,099
<TOTAL-LIABILITY-AND-EQUITY>                    18,119
<SALES>                                         29,654
<TOTAL-REVENUES>                                29,654
<CGS>                                           17,501
<TOTAL-COSTS>                                   25,014
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 (6)
<INCOME-PRETAX>                                  4,703
<INCOME-TAX>                                   (1,578)
<INCOME-CONTINUING>                              3,125
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,125
<EPS-BASIC>                                       1.00
<EPS-DILUTED>                                     1.00


</TABLE>
II

105TH CONGRESS

2D SESSION S. 1653

To suspend temporarily the duty on 4-[[4,6-bis(octylthio)-1,3,5-triazine-2-

yl]amino]-2,6-bis(1,1-dimethylethyl)phenol.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 12, 1998

Mr. MOYNIHAN introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To suspend temporarily the duty on 4-[[4,6-bis(octylthio)-

1,3,5-triazine-2-yl]amino]-2,6-bis(1,1-dimethylethyl)phenol.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SUSPENSION OF DUTY.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new item:

‘‘ 9902.32.18 4-[[4,6-bis(octylthio)-1,3,5-triazine-2-yl]amino]-2,6-bis(1,1-

dimethylethyl)phenol (CAS

No. 991–84–4) (provided for

in subheading 2933.69.60) .... Free No change No change On or before

12/31/2000 ’’.
2

•S 1653 IS

1 (b) APPLICABILITY.—The amendment made by this

2 section applies with respect to goods entered, or with3 drawn from warehouse for consumption, on or after the

4 15th day after the date of enactment of this Act.

Æ
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                            A **.gov** website belongs to an official government organization in the United States.
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                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


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Kathryn Tassinari 

Brent Wells 

kathrynt50@comcast.net 

HARDER, WELLS, BARON & MANNING, P.C. 

474 Willamette, Suite 200 

Eugene, OR 97401 

(541) 686-1969 

Of Attorneys for Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

JENNIFER L. PHELPS, ) 

) 

) 

Plaintiff, ) 

vs. ) 

) 

NANCY A. BERRYHILL, ) 

Acting Commissioner of Social Security, ) 

) 

Defendant. ) 

Case No. 3:15-cv-00994-JR 

ORDER APPROVING PLAINTIFF'S 

MOTION FOR ATTORNEY FEES 

PURSUANT TO 42 U.S.C. §406(b) 

After considering Plaintiffs Motion for Attorney Fees, and counsel for Defendant having 

no objection, Order is hereby granted in the sum of $8,870.63 for attorney fees pursuant to 42 

U.S.C. §406(b), payable to HARDER, WELLS, BARON & MANNING, P.C., 474 Willamette, 

Suite 200, Eugene, OR 97401. The Commissioner shall deduct from this amount an 

administrative assessment under 42 U.S.C. §406( d) and pay Plaintiffs counsel the balance. 

IT IS SO ORDERED this l-t"'-' day of~, 2018. 

uni a~ ~is5:ge/Ma~strate PRESENTED BY: 

Kathryn Tassinari 

Of Attorneys for Plaintiff 

ORDER APPROVING MOTION FOR ATTORNEY FEES UNDER TO 42 U.S.C.§406(b) - 1
EXHIBIT
32


CERTIFICATION





Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), each
of the undersigned hereby certifies in his capacity as an officer of Imperial
Capital Bancorp, Inc. (the “Company”) that the Company’s Quarterly Report on
Form 10-Q for the quarterly period ended March 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 operations of the Company as of
the dates and for the periods presented in the financial statements included in
such report.











Date:
      May 12, 2008
            /s/ George W. HaligowskiGeorge
      W. HaligowskiChairman
      of the Board, President andChief
      Executive Officer





Date:
      May 12, 2008
            /s/ Timothy M. DoyleTimothy
      M. DoyleExecutive
      Managing Director andChief
      Financial Officer