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

FOR THE FIFTH CIRCUIT

No. 16-50137

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MICHAEL DEAN RAMOS, also known as Michael Ramos,

Defendant-Appellant

Appeals from the United States District Court

for the Western District of Texas

USDC No. 7:13-CR-161-1

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Michael Dean Ramos has moved for 

leave to withdraw and has filed a brief in accordance with Anders v. California, 

386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). 

Ramos has not filed a response. We have reviewed counsel’s brief and the 

relevant portions of the record reflected therein. We concur with counsel’s 

assessment that the appeal presents no nonfrivolous issue for appellate review. 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

October 18, 2016

Lyle W. Cayce

Clerk

 Case: 16-50137 Document: 00513722501 Page: 1 Date Filed: 10/18/2016
No. 16-50137

2

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.

 Case: 16-50137 Document: 00513722501 Page: 2 Date Filed: 10/18/2016
IV 

111TH CONGRESS 

2D SESSION H. RES. 1068 

Condemning the Government of the Islamic Republic of Iran for executing 

human rights activists. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2010 

Mr. ISRAEL submitted the following resolution; which was referred to the 

Committee on Foreign Affairs 

RESOLUTION 

Condemning the Government of the Islamic Republic of Iran 

for executing human rights activists. 

Whereas the Government of the Islamic Republic of Iran executed two Iranian citizens, Mohammad Reza Ali-Zamani 

and Arash Rahmanipour, by hanging for being ‘‘enemies 

of God’’ in January of 2010; and 

Whereas the Government of Iran is reportedly considering 

executing up to nine more of its own citizens under similar charges: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) expresses its support for all Iranian citizens 

3 who work for the development of human rights in 

4 Iran; and 


dcolon on DSK2BSOYB1PROD with BILLS
2 

•HRES 1068 IH 

1 (2) condemns the Government of the Islamic 

2 Republic of Iran for these executions and condemns 

3 all violence committed by the Government of Iran or 

4 pro-government militias against Iranian citizens for 

5 their pursuit of human rights. 

Æ 


dcolon on DSK2BSOYB1PROD with BILLS
#### XIANG LIANG LIN, Petitioner, v. UNITED STATES ATTORNEY GENERAL, Respondent.

No. 05-5747-ag.

United States Court of Appeals, Second Circuit.

May 26, 2006.

*69Gang Zhou, New York, NY, for Petitioner.

Charles W. Larson, Sr., United States Attorney, Northern District of Iowa, Lawrence D. Kudej, Assistant United States Attorney, Cedar Rapids, IA, for Respondent.

Present: GUIDO CALABRESI, REENA RAGGI and RICHARD C. WESLEY, Circuit Judges.

SUMMARY ORDER

Xiang Liang Lin petitions for review of a final order of the Board of Immigration Appeals (“BIA”) affirming the decision of Immigration Judge (“IJ”) Michael W. Straus, which denied his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We assume the parties’ familiarity with the underlying facts and procedural history of the case.

The BIA adopted and affirmed the IJ’s finding that Lin had not met his burden of establishing by clear and convincing evidence that he applied for asylum within one year of entering the United States. *See*8 U.S.C. § 1158(a)(2)(B). We are without jurisdiction to review the agency’s factual finding that an asylum application was not timely filed. *See 8 U.S.C.*§ 1158(a)(8); *Xiao Ji Chen v. U.S. Dep’t of Justice,*484 F.3d 144, 151, 154 (2d Cir. 2006). We do retain jurisdiction, however, under the REAL ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 231, to review “constitutional claims or questions of law” as they relate to Lin’s asylum application. *See Xiao Ji Chen,*434 F.3d at 151-54. And Lin does argue that the BIA violated his due process rights by making an independent adverse credibility finding with respect to the one-year bar issue. Assuming *arguendo*that it would violate due process for the BIA to reach an adverse credibility determination *sua sponte*without affording notice to the applicant, no such violation occurred in this case. The IJ made his own adverse credibility finding, which the BIA affirmed. Moreover, the BIA also affirmed the IJ’s independent basis for finding that Lin had failed to meet his burden of showing that his application was timely. We therefore lack jurisdiction to review the denial of Lin’s asylum claim.

Although Lin applied for withholding of removal and for CAT relief, he does not make arguments with respect to these claims in his brief to our court. We therefore deem Lin’s withholding of removal and CAT claims abandoned. *See Yueqing Zhang v. Gonzales,*426 F.3d 540, 541 n. 1 (2d Cir.2005).

For the foregoing reasons, the petition for review is DENIED. Having completed our review, any stay of removal that the Court previously granted in this petition is VACATED, and any pending motion for a stay of removal in this petition is DENIED as moot. Any pending request for oral argument in this petition is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34(d)(1).
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



The
undersigned, Leonard M. Caprino, Chief Executive Officer and Treasurer, of Solaris Power Cells, Inc., hereby certifies, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|(1) | the
    quarterly report on Form 10-Q of Solaris Power Cells, Inc. for the period ending  September 30, 2015 (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 Solaris Power Cells, Inc.                                                                         



Dated: November
16, 2015



| | /s/
    Leonard M. Caprino                                                                     
| | -----------------------------------------------------------------------------------------------
| | Leonard M. Caprino                                                                             
| | Chief Executive
    Officer, Treasurer and Director                                            
| | (Principal
    Executive Officer, Principal Financial Officer and Principal Accounting Officer)



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 Solaris Power Cells, Inc. and will be retained by Solaris Power Cells, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.
I 

111TH CONGRESS 

1ST SESSION H. R. 90 

To amend title 18, United States Code, to provide increased imprisonment 

for certain offenses by public officials. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. CARDOZA introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide increased 

imprisonment for certain offenses by public officials. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Official Ac5 countability Act’’. 

6 SEC. 2. CRIMINAL PENALTIES FOR PUBLIC OFFICIALS. 

7 (a) IN GENERAL.—Subchapter D of chapter 227 of 

8 title 18, United States Code, is amended by adding at the 

9 end the following: 


wwoods2 on PRODPC68 with BILLS
2 

•HR 90 IH

1 ‘‘§ 3587. Increased imprisonment for certain offenses 

2 by public officials. 

3 ‘‘(a) GENERAL RULE.—In any Federal criminal case 

4 in which a public official is convicted of an offense against 

5 the United States— 

6 ‘‘(1) consisting of conduct during the course of 

7 official duty, intended to enrich that official; and 

8 ‘‘(2) involving bribery, fraud, extortion, or theft 

9 of public funds greater than $10,000; 

10 the sentencing judge may increase the sentence of impris11 onment by an amount of up to 2 years. The sentencing 

12 judge may double the sentence of imprisonment that 

13 would otherwise be imposed in that case: Provided, how14 ever, That in no instance may the sentencing judge be al15 lowed to increase the sentence by more than 2 years. 

16 ‘‘(b) DEFINITION.—In this section, the term ‘public 

17 official’ means— 

18 ‘‘(1) an elected official of the United States or 

19 of a State or local government; 

20 ‘‘(2) a presidentially-appointed official; and 

21 ‘‘(3) an official appointed to a State or local 

22 governmental office by an elected official of a State 

23 or local government.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of subchapter D of chapter 227 of title 


wwoods2 on PRODPC68 with BILLS
3 

•HR 90 IH

1 18, United States Code, is amended by adding at the end 

2 the following new item: 

‘‘3587. Increased imprisonment for certain offenses by public officials.’’. 

Æ 


wwoods2 on PRODPC68 with BILLS
#### Gor MNATSAKANYAN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 09-71360.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 13, 2010.

Filed April 26, 2010.

*653Maureen E. Laflin, Monica Schurtman, Supervisory, University of Idaho, College of Law, Moscow, ID, for Petitioner.

Gor Mnatsakanyan, Las Vegas, NV, pro se.

Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Joseph Anthony O’Connell, OIL, Cindy S. Ferrier, Senior Litigation Counsel, Nairi Mary Si-monian, Esquire, U.S. Department of Justice, Washington, DC, for Respondent.

Before: SCHROEDER and W. FLETCHER, Circuit Judges, and MOODY, District Judge.*

*

 The Honorable James Maxwell Moody, Senior United States District Judge for the District of Arkansas, sitting by designation.

MEMORANDUM **

Gor Mnatsakanyan, a native and citizen of Armenia, seeks review of the denial of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). The Board of Immigration Appeals (“BIA”) denied relief on the basis of an adverse credibility finding. We must uphold an adverse credibility finding so long as it is supported by substantial evidence. *Soto-Olarte v. Holder,*555 F.3d 1089, 1091 (9th Cir.2009). The provisions of the REAL ID Act govern our review. *See*8 U.S.C. § 1158(b)(l)(B)(iii); *Kaur v. Gonzales,*418 F.3d 1061, 1064 n. 1 (9th Cir.2005).

Mnatsakanyan claims Armenian security officials persecuted him on account of his father’s involvement in opposition politics. Petitioner claims he was beaten on one occasion because he did not provide information about his father’s political activities. Although Petitioner was ably represented in this court by counsel from the University of Idaho, we must conclude that substantial evidence supports the adverse credibility finding. *See Shrestha v. Holder,*590 F.3d 1034, 1043-44 (9th Cir.2010).

The BIA accurately pointed to several inconsistencies in the record that undermine Petitioner’s credibility. They included, among others, Petitioner’s testimony that he brought a medical report with him to the United States documenting the injuries he suffered at his interrogation, but an Armenian notary stamp on the document was dated several months after Petitioner came to the United States. Also, for example, Petitioner could not name the political party his father supported despite knowing other specifies of his father’s activities. Petitioner failed adequately to explain these and other inconsistencies in his story. *See id.*

The petition for review is DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
**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 accompanying Quarterly Report on Form 10-Q of AFH Holding
      IV, Inc. (the “Company”) for the quarter ending June 30, 2008, I, Amir F.
      Heshmatpour, President of the Company hereby certify pursuant to 18 U.S.C.
      Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
      of
      2002, to the best of my knowledge and belief, that:





1.
            Such
                Quarterly Report on Form 10-Q for the quarter ending June 30, 2008,
                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 such Quarterly Report on Form 10-Q for the
                quarter ending June 30, 2008, fairly presents, in all material respects,
                the financial condition and results of operations of the
                Company.








Dated:
      August 14, 2008





/s/
      Amir F. Heshmatpour


Amir
      F.
      Heshmatpour


President


(Principal
      Executive Officer)
| (1) | the Quarterly Report on Form 10-Q of Leeward Group Holdings Inc. for the period ended September 30, 2010 (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 Leeward Group Holdings Inc. |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|    Dated: November  22, 2010 |   |                                                                                                                                                               |
|-------------------------------------------------------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                  |   |                                                                                                                                                               |
|                                                  |   |                                                                                                                                                               |
|                                                  |   | /c/ Kevin M. Coughlin                                                                                                                                              |   |   |
|                                                  |   | Kevin M. Coughlin                                                                                                                                                  |
|                                                  |   | President, Chief Executive Officer,Chief Financial Officer and Director(Principal Executive Officer, Principal Financial Officer and Principal Accounting Officer) |
|                                                  |   | Leeward Group Holdings Inc.                                                                                                                                        |
|                                                  |   |                                                                                                                                                               |
<TABLE> <S> <C>

<ARTICLE>                     5

<RESTATED>
<MULTIPLIER>                  1,000
<CURRENCY>                    U.S. Dollars

<S>                                          <C>
<PERIOD-TYPE>                                12-MOS
<FISCAL-YEAR-END>                            DEC-31-1999
<PERIOD-START>                               JAN-01-1999
<PERIOD-END>                                 DEC-31-1999
<EXCHANGE-RATE>                                        1
<CASH>                                         1,763,749
<SECURITIES>                                           0
<RECEIVABLES>                                          0
<ALLOWANCES>                                           0
<INVENTORY>                                            0
<CURRENT-ASSETS>                               1,821,798
<PP&E>                                           435,246
<DEPRECIATION>                                   323,802
<TOTAL-ASSETS>                                 2,368,545
<CURRENT-LIABILITIES>                          1,281,271
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                          104
<COMMON>                                           3,935
<OTHER-SE>                                     1,083,235
<TOTAL-LIABILITY-AND-EQUITY>                   2,368,545
<SALES>                                                0
<TOTAL-REVENUES>                                 175,000
<CGS>                                                  0
<TOTAL-COSTS>                                          0
<OTHER-EXPENSES>                               1,410,518
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                13,555
<INCOME-PRETAX>                               (1,237,828)
<INCOME-TAX>                                         200
<INCOME-CONTINUING>                           (1,238,028)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                  (1,238,028)
<EPS-BASIC>                                         (.32)
<EPS-DILUTED>                                       (.30)


</TABLE>
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-20260

DOUGLAS FREULER, derivatively on behalf of Parker Drilling Company, 

Plaintiff-Appellant

v.

ROBERT L. PARKER, JR.; ROBERT L. PARKER; JOHN W. GIBSON;

ROGER B. PLANK; R. RUDOLPH REINFRANK; ROBERT E. MCKEE, III;

GEORGE J. DONNELLY; ROBERT W. GOLDMAN; GARY R. KING; DAVID

C. MANNON; JAMES W. WHALEN; W. KIRK BRASSFIELD; LYNN G.

CULLOM; PARKER DRILLING COMPANY, a Delaware Corporation,

Defendants - Appellees

Appeal from the United States District Court

 for the Southern District of Texas

USDC No. 4:10-cv-03148

Before JONES, BARKSDALE, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

AFFIRMED. See 5th CIR. R. 47.6.

United States Court of Appeals

Fifth Circuit

F I L E D

March 11, 2013

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: 12-20260 Document: 00512170015 Page: 1 Date Filed: 03/11/2013
[Federal Register Volume 66, Number 108 (Tuesday, June 5, 2001)]
[Presidential Documents]
[Page 30285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14319]



[[Page 30283]]

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

Part IV





The President





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



Executive Order 13215--President's Information Technology Advisory 
Committee, Further Amendment to Executive Order 13035, as Amended


                        Presidential Documents 



Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 30285]]

                Executive Order 13215 of May 31, 2001

                
President's Information Technology Advisory 
                Committee,

                Further Amendment to Executive Order 13035, as Amended

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the High-Performance Computing Act 
                of 1991 (Public Law 102-194), as amended by the Next 
                Generation Internet Research Act of 1998 (Public Law 
                105-305), and in order to extend the life of the 
                President's Information Technology Advisory Committee 
                so that it may continue to carry out its 
                responsibilities, it is hereby ordered that Executive 
                Order 13035 of February 11, 1997, as amended by 
                Executive Orders 13092, 13113, and 13200 (Executive 
                Order 13035, as amended), is further amended as 
                follows:

                Section 1. Section 1 of Executive Order 13035, as 
                amended, is further amended by deleting the last 
                sentence and inserting in lieu thereof: ``Members 
                appointed prior to June 1, 2001, shall serve until 
                December 1, 2001, unless reappointed by the President. 
                Members appointed or reappointed on or after June 1, 
                2001, shall serve for no more than 2 years from the 
                date of their appointment, unless their period of 
                service is extended by the President. The President 
                shall designate two co-chairs from among the members of 
                the Committee. A co-chair may serve for a term of 2 
                years or until the end of his or her service as a 
                member of the Committee, whichever is the shorter 
                period.''

                Sec. 2. Section 4(b) of Executive Order 13035, as 
                amended, is further amended by deleting ``June 1, 
                2001,'' and inserting in lieu thereof: ``June 1, 
                2003.''

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     May 31, 2001.

[FR Doc. 01-14319
Filed 6-4-01; 8:45 am]
Billing code 3195-01-P