alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Rodolfo Rivas PEREZ, Defendant-Appellant.

No. 09-50067.

United States Court of Appeals, Ninth Circuit.

Submitted April 5, 2010.*

Filed April 22, 2010.

Michael J. Raphael, Esquire, Assistant U.S., Office of the U.S. Attorney, Los An-geles, CA, for Plaintiff-Appellee.

James H. Locklin, Esquire, Assistant Federal Public Defender, Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant.

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.

*

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

MEMORANDUM **

Rodolfo Rivas Perez appeals from the 30-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm, but remand to correct the judgment.

Rivas Perez contends that the district court erred when it applied a 16-level enhancement pursuant to U.S.S.G. § 2L1.2 because his prior conviction for lewd acts with a child under 14 years of age, in violation of California Penal Code § 288(a), does not qualify as a crime of violence. This contention is foreclosed by *United States v. Medina-Villa,*567 F.3d 507, 511-16 (9th Cir.2009).

In accordance with *United States v. Rivera-Sanchez,*222 F.3d 1057, 1062 (9th Cir.2000), we remand the case to the district court with instructions that it delete from the judgment the incorrect reference to § 1326(b)(2). *See United States v. Herrera-Blanco,*232 F.3d 715, 719 (9th Cir.*6382000) (remanding sua sponte to delete the reference to § 1326(b)).

Rivas Perez’s petition for initial hearing en banc is denied.

AFFIRMED; REMANDED to correct judgment.

**

 This disposition is not appropriate for publication and is not precedent except as pi'ovid-ed by 9th Cir. R. 36-3.
Exhibit 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

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 Puramed Bioscience Inc. (the Company) on Form 10-QSB for the quarter ended September 30, 2007 as filed with the Securities and Exchange Commission (the Report), the undersigned certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



(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.



Dated:   November 12 2007




/s/   Russell W. MitchellRussell W. MitchellChairman and Chief Executive Officer






Dated:   November 12, 2007




/s/   James W. HigginsJames W. HigginsChief Financial and Operating Officer


---
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GREGORY C. BONTEMPS, 

Plaintiff-Appellant, 

 v. 

K. PENATE, Correctional Officer at 

Lancaster State Prison, in his/her individual 

capacity, 

Defendant-Appellee.

No. 16-56886 

D.C. No. 2:15-cv-02268-JFW-SP 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

John F. Walter, District Judge, Presiding

Submitted December 18, 2017**

Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

Gregory C. Bontemps, a California state prisoner, appeals pro se from the 

district court’s order dismissing his 42 U.S.C. § 1983 action for failure to pay the 

filing fee after revoking his in forma pauperis status (“IFP”) on the ground that 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 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 21 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 16-56886 

Bontemps has “three strikes” under 28 U.S.C. § 1915(g). We have jurisdiction 

under 28 U.S.C. § 1291. We review de novo. Washington v. L.A. Cty. Sheriff’s 

Dep’t, 833 F.3d 1048, 1054 (9th Cir. 2016). We affirm.

The district court properly revoked Bontemps’ IFP status because at least 

three of Bontemps’ prior cases qualified as “strikes” under 28 U.S.C. § 1915, and 

Bontemps did not allege facts demonstrating that he faced imminent danger at the 

time he filed his complaint. See Knapp v. Hogan, 738 F.3d 1106, 1109 (9th Cir. 

2013) (defining when a case is frivolous or malicious, or fails to state a claim 

under 28 U.S.C. § 1915, and can be considered a strike); Andrews v. Cervantes, 

493 F.3d 1047, 1055-57 (9th Cir. 2007) (discussing imminent danger exception); 

see also Harris v. Mangum, 863 F.3d 1133, 1143 (9th Cir. 2017) (“[W]hen (1) a 

district court dismisses a complaint on the ground that it fails to state a claim, (2) 

the court grants leave to amend, and (3) the plaintiff then fails to file an amended 

complaint, the dismissal counts as a strike under § 1915(g).”).

Bontemps’ motion seeking appointment of counsel, attached to his opening 

brief, is denied.

AFFIRMED.
EXHIBIT 23.1



<PAGE>


                                                                    Exhibit 23.1







                          CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the  incorporation by reference in the registration  statements of
Videonics,  Inc. on Form S-8 (File Nos. 333-06665 and  333-21003) of our report
dated March 26, 1999, on our audit of the consolidated  financial  statements of
Videonics,  Inc.  as of  December  31,  1998 and 1997,  and for the years  ended
December 31, 1998,  1997 and 1996,  which report is incorporated by reference in
this report on Form 10-K,  and our report dated March 26, 1999,  on our audit of
the financial statement schedule, which report is included in this Form 10-K.



                                                      PricewaterhouseCoopers LLP



San Jose, California
March 30, 1999
#### UNITED STATES of America, Plaintiff-Appellee v. Manuel Emilio MEJIA-BREA, Defendant-Appellant.

No. 10-40025

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 26, 2010.

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

*19Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before SMITH, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Manuel Emilio Mejia-Brea (Mejia) has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Mejia has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s 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.
NUMBERS 13-11-00095-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

GEORGE CANO, Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________________________________

On appeal from the 347th District Court 

of Nueces County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Justices Benavides, Vela, and Perkes

Memorandum Opinion Per Curiam

Appellant, George Cano, pro se, attempted to perfect an appeal from a conviction 

for the second degree felony offense of burglary of a building in trial court cause number 

88-CR-992-H. We dismiss the appeal for want of jurisdiction.

The judgment in this cause was entered in 1988. Appellant filed a pro se notice of 

appeal on February 22, 2011. That same day, the Clerk of this Court notified appellant 
2

that it appeared that the appeal was not timely perfected. Appellant was advised that the 

appeal would be dismissed if the defect was not corrected within ten days from the date of 

receipt of the Court=s directive. Appellant has not responded to the Court’s directive. 

This Court's appellate jurisdiction in a criminal case is invoked by a timely filed 

notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Texas 

Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of 

appeal is filed within thirty days after the day sentence is imposed or suspended in open 

court unless a motion for new trial is timely filed. TEX. R. APP. P. 26.2(a)(1). The time 

within which to file the notice may be enlarged if, within fifteen days after the deadline for 

filing the notice, the party files the notice of appeal and a motion complying with Rule 

10.5(b) of the Texas Rules of Appellate Procedure. See id. 26.3. Absent a timely filed 

notice of appeal, a court of appeals does not obtain jurisdiction to address the merits of 

the appeal in a criminal case and can take no action other than to dismiss the appeal for 

want of jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). 

Appellant may be entitled to an out-of-time appeal by filing a post-conviction writ of 

habeas corpus returnable to the Texas Court of Criminal Appeals; however, the 

availability of that remedy is beyond the jurisdiction of this Court. See TEX. CODE 

CRIM. PROC. ANN. art. 11.07, ' 3(a) (West Supp. 2010); see also Ex parte Garcia, 988 

S.W.2d 240 (Tex. Crim. App. 1999); Ater v. Eighth Court of Appeals, 802 S.W.2d 241 

(Tex. Crim. App. 1991). 
3

This appeal is DISMISSED FOR WANT OF JURISDICTION. 

PER CURIAM

Do not publish. 

TEX. R. APP. P. 47.2(b).

Delivered and filed the

28th day of July, 2011.
[Federal Register Volume 66, Number 110 (Thursday, June 7, 2001)]
[Notices]
[Page 30742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14363]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Amended Notice of 
Meeting

    Notice is hereby given of a change in the meeting of the National 
Heart, Lung, and Blood Advisory Council, June 14, 2001, 8:30 AM to June 
14, 2001, 2 PM, National Institutes of Health, Building 31, C Wing, 
Conference Room 10, 9000 Rockville Pike, Bethesda, MD, 20892 which was 
published in the Federal Register on May 4, 2001, 66 FR 22589.
    The National Heart, Lung, and Blood Advisory Council's open session 
start time has changed from 8:30 AM to 8 AM. Date and location remain 
the same. The meeting is partially closed to the public.


    Dated: May 31, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-14363 Filed 6-6-01; 8:45 am]
BILLING CODE 4140-01-M
FI L ED U.S. COURT OF APPEAL S EL EVENTHCI RCUI T AUGUST 5, 2011 J OHN L EY CL ERK [DO NOT PUBLISH] IN THE U

NITED STATE S COURT OF APPEALS FOR THE ELE VENTH CIRCUIT

__ __ __ __ __ __ __ __ __ __ __ __ No. 1 1- 10 83 6 Non -Arg um en t Ca le nd ar

__ __ __ __ __ __ __ __ __ __ __ __ D.C. Dock etNo. 9 :1 0- cv -8 10 21 -DTKH W ILLIAM BROWNSBERGER, ANDREW

SMILLIE, ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll Pl ai nt iff s - Ap pe ll an ts , vers us NEXTERA ENERGY, INC., NEXTERA ENERGY RESOURCES, LLC, GEXA EN ERGY, LP, GEXA EN ERGY HOLDINGS, L LC, GEXA EN ERGY, GP, LL C, ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll Defen da nt s - Ap pe ll ees .

__ __ __ __ __ __ __ __ __ __ __ __ App eal fro m

th e Uni te d S ta te s Di st ric t Co urt fo r th e So ut he rnDis tri ctof F lo rid a

__ __ __ __ __ __ __ __ __ __ __ __ (Au gu st5, 2 01 1) Befo re TJ OFLAT, MARTIN andANDERSON, Circu itJu dg es . PERCURI AM:The pl ai nt iff s ap pe al th e Ja nu ary 19 , 20 11 ord er o f th e d is tri ctco urt di sm is si ng witho utpre

jud ic e d efen da ntGexaTexa s fo r la ck of p ers on al juri sd ic ti on , and , inth e ex erci se of t he di sc ret io n a ffo rd edth e co urt u nd er 2 8 U.S.C. § 1 40 6( a), d ecl in in g t o t ran sf er t he cas e ag ai ns t t he rem ai ni ng de fen da nt s to th e Nor th ern Dis tri ctof Tex as . Ins te ad , as § 14 06 (a) p ro vi de s, t he co urt di sm is se d p la in ti ffs ’ cl ai m s ag ai ns t t ho se de fen da nt s wi th ou t p reju di ce t o t he ir rig htto refi le th e cl ai m s i n a n app ro pr ia te forum . W e fi ndno erro r in th e d is tri ctco urt’s d et erm in at io n t ha t i t l ack edpe rs on al juri sd ic ti on ov er t he cla im s ag ai ns t Gex a Tex as an d n o abu se of d is cret io n i n t he
co urt’s d eci si on to di sm is s t he cla im s ag ai ns t t he rem ai ni ng de fen da nt s u nd er § 14 06 (a). AFFIR MED.

2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice if hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Arthritis and Musculoskeletal and Skin Diseases Special Emphasis Panel.                    

*Date:*                         June 8, 2001.                    

*Time:*                         11:00 AM to 1:45 PM.                    

*Agenda:*                         To review and evaluate contract proposals.                    

*Place:*                         Natcher Building, Room 5As.25, Bethesda, MD 20892, (Telephone Conference Call).                    

*Contact Person:*                         Tracy A. Shahan, PhD, Scientific Review Administrator, National Institutes of Health, National Institute of Arthritis and Musculoskeletal and Skin Diseases, Bldg. 45/Room 5as-25h, Bethesda, MD 20892, (301) 594-4952.                    

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS)

Dated: May 25, 2001.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 01-14158  Filed 6-5-01; 8:45 am]

BILLING CODE 4140-01-M
Exhibit 32



Certifications of Chief Executive Officer and Chief Financial Officer pursuant toSection 906 of Sarbanes-Oxley Act of 2002 (Furnished but not filed)



In connection with this quarterly report of Great Northern Iron Ore Properties on Form 10-Q filed with the Securities and Exchange Commission, I, Joseph S. Micallef, President of the Trustees and Chief Executive Officer of Great Northern Iron Ore Properties, certify that:



1. This quarterly report fully complies with the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934; and



2. The information contained in this quarterly report fairly presents, in all material respects, the financial condition and results of operations of Great Northern Iron Ore Properties.



A signed original of this written statement required by Section 906, or other document authenticating, acknowledging or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Great Northern Iron Ore Properties and will be retained by Great Northern Iron Ore Properties and furnished to the Securities and Exchange Commission or its staff upon request.



Date
        April 27, 2007
        
        By
        /s/ Joseph S. MicallefJoseph S. Micallef, President of the Trustees andChief Executive Officer








In connection with this quarterly report of Great Northern Iron Ore Properties on Form 10-Q filed with the Securities and Exchange Commission, I, Thomas A. Janochoski, Vice President & Secretary and Chief Financial Officer of Great Northern Iron Ore Properties, certify that:



1. This quarterly report fully complies with the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934; and



2. The information contained in this quarterly report fairly presents, in all material respects, the financial condition and results of operations of Great Northern Iron Ore Properties.



A signed original of this written statement required by Section 906, or other document authenticating, acknowledging or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Great Northern Iron Ore Properties and will be retained by Great Northern Iron Ore Properties and furnished to the Securities and Exchange Commission or its staff upon request.



Date
        April 27, 2007
        
        By
        /s/ Thomas A. JanochoskiThomas A. Janochoski, Vice President &Secretary and Chief Financial Officer


---
[Federal Register Volume 66, Number 110 (Thursday, June 7, 2001)]
[Notices]
[Page 30741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14360]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Mental Health; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby give of the following 
meetings.
    The meetings will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Mental Health Special 
Emphasis Panel.
    Date: July 2-3, 2001.
    Time: 8:30 am to 5 pm.
    Agenda: To review and evaluate grant applications.
    Place: Governor's House Hotel, 17th & Rhode Island Avenue, NW., 
Washington, DC 20036.
    Contact Person: Richard E. Weise, PhD., Scientific Review 
Administrator, National Institute of Mental Health, DEA, National 
Institutes of Health, 6001 Executive Boulevard, Room 6140, MSC9606, 
Bethesda, MD 20892-9606, 301-443-1340, <a href="/cdn-cgi/l/email-protection#2d5f5a48445e486d404c444103434445034a425b"><span class="__cf_email__" data-cfemail="e79590828e9482a78a868e8bc9898e8fc9808891">[email protected]</span></a>.

    Name of Committee: National Institute of Mental Health Special 
Emphasis Panel.
    Date: July 12, 2001.
    Time: 8 am to 6 pm.
    Agenda: To review and evaluate grant applications.
    Place: Holiday Inn, 8120 Wisconsin Avenue, Bethesda, MD 20814.
    Contact Person: Houmam H. Araj, PhD., Scientific Review 
Administrator, Division of Extramural Activities, National Institute 
of Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., 
Room 6150, MSC 9608, Bethesda, MD 20892-9608, 301-443-1340.

(Catalogue of Federal Domestic Assistance Program Nos. 93.242, 
Mental Health Research Grants; 93.281, Scientist Development Award, 
Scientist Development Award for Clinicians, and Research Scientist 
Award; 93.282, Mental Health National Research Service Awards for 
Research Training, National Institutes of Health, HHS)


    Dated: May 31, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-14360 Filed 6-6-01; 8:45 am]
BILLING CODE 4140-01-M


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</html>
#### In the Matter of Liquidation of Union Indemnity Insurance Company of New York. Superintendent of Insurance of the State of New York, Respondent; Robert A. Spira, Appellant.

Submitted March 15, 2010;

decided May 4, 2010

Motion for leave to appeal dismissed as untimely *(see*CPLR 5513 [b]).
#### In the Matter of the Estate of Louise Wright, Claimant. Leon Wright, Appellant, v City of Rochester et al., Respondents, et al., Defendants.

Submitted March 15, 2010;

decided May 4, 2010

Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as dismissed the appeal from the order of Supreme Court dismissing the complaint, denied; motion, insofar as it seeks leave to appeal from the remainder of the Appellate Division order, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
EXHIBIT 32.3

Certification of Senior Vice President and Chief Financial Officer
Pursuant to 18 U.S.C. Section 1350, As Adopted
Pursuant to Section 906 of Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report on Form 10-Q of Danvers Bancorp, Inc. (the "Company") for the Three and Nine Months Ended
September 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I hereby certify, to the best knowledge and belief of the signatory, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



This
statement is authorized to be attached as an exhibit to the Report so that this statement will accompany the Report at such time as the Report is filed with the Securities and
Exchange Commission, pursuant to Section 906 of the Sarbanes-Oxley Act of 2202, 18 U.S.C. Section 1350. It is not intended that this statement be deemed to be filed for purposes of the
Securities and Exchange Act of 1934, as amended.

A
signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and
Exchange Commission or its staff upon request.

|/s/L. MARK PANELLAL. Mark Panella
Senior Vice President and Chief Financial Officer |  | 
|----------------------------------------------------------------------------------- |  | 

---



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