alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

Filed 2/9/16 P. v. T orres CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

JULIO SESAR TORRES,

Defendant and Appellant. C078565

(Super. Ct. No. CM037433)

Appointed counsel for defendant Julio Sesar Torres asks this court to review the

record and determine whether there are any arguable issues on appeal. ( People v. Wende

(1979) 25 Cal.3d 436 ( Wende ).) After reviewing the record, we affirm the judgment.

We provide the following brief description of the facts and procedural history of

the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

On September 12, 2012, deputies executed a search warrant at defendant’s

property and discovered a marijuana grow ing operation with multiple marijuana gardens.

On that same day, deputies also searched co

- defendant Juan Valencia T orres’s property.2

There, they discovered a shed containing 89 growing marijuana plants. In the house, they

found paperwork belonging to defendant and a bankbook indicating co

- defendant had

recently deposited $47,000 into his bank account.

Defendant was charged with cultivation of marijuana and possession of marijuana

for sale. (Health & S af. Code, §§ 11358, 11359.) On November 5, 2014, defendant

ple a d ed no contest to possession of marijuana for sale. In exchange for his plea, the

cultivation of marijuana charge and a separately filed case were dismissed with a Harvey

waiver. 1

On January 14, 2015, the trial court granted defendant probation with the

c ondition he serve 90 days in county jail. It also imposed various fines and fees, and

awarded defendant 16 days o f custody credit.

Defendant appeals. He did not obtain a certificate of probable cause. (Pen. Code,

§ 1237.5.)

Appointed counsel filed an opening brief that sets forth the facts of the case

and requests this court to review the record and determine whether there are any

arguable issues on appeal. ( Wende, supra , 25 Cal.3d 436.) Defendant was advised by

counsel of the right to file a sup plemental brief within 30 days of the date of filing of

the opening brief. More than 30 days elapsed, and we received no communication

from defendant.

Having undertaken an examination of the entire record, we find no arguable error

that would result in a disposition more favorable to defendant.

1 People v. Harvey (1979) 25 Cal.3d 754.3 DISPOSITION

The judgment is affirmed.

/s/

HOCH , J.

We concur:

/s/

RAYE , P. J.

/s/

RENNER , J.
IV 

111TH CONGRESS 

2D SESSION H. RES. 1256 

Congratulating Phil Mickelson on winning the 2010 Masters golf tournament. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2010 

Mr. BROUN of Georgia submitted the following resolution; which was referred 

to the Committee on Oversight and Government Reform 

RESOLUTION 

Congratulating Phil Mickelson on winning the 2010 Masters 

golf tournament. 

Whereas, on April 11, 2010, Phil Mickelson won the Masters 

golf tournament for the third time at the Augusta National Golf Course in Augusta, Georgia; 

Whereas the Augusta National Golf Course was established 

in 1933; 

Whereas the Masters was started by Clifford Roberts and 

Robert Tyre ‘‘Bobby’’ Jones, Jr., who designed the Augusta National Golf Course with course architect Alister 

MacKenzie; 

Whereas the Augusta National Golf Course has hosted the 

Masters since 1934; 

Whereas the Masters is one of the 4 major championships in 

professional golf; 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•HRES 1256 IH 

Whereas past Masters champions include some of the greatest players in golf history, such as Walter Hagen, Ben 

Hogan, Arnold Palmer, Gary Player, Byron Nelson, Jack 

Nicklaus, Gene Sarazen, Sam Snead, Tom Watson, and 

Tiger Woods; 

Whereas Phil Mickelson shot a final round 67 for a 72-hole 

total of 16 under par, 3 strokes better than any other 

competitor; 

Whereas Phil Mickelson brings great pride and honor to his 

family and friends through the tremendous skill, patience, and determination he displayed in victory; 

Whereas Phil Mickelson has won 4 major championships, including the Masters 3 times, and a total of 38 events on 

the PGA Tour; and 

Whereas the Phil and Amy Mickelson Foundation, through 

involvement with Start Smart, the Mickelson ExxonMobil 

Teachers Academy, and other causes, have supported a 

variety of youth and family initiatives: Now, therefore, be 

it 

1 Resolved, That the House of Representatives con2 gratulates Phil Mickelson on the outstanding accomplish3 ment of winning the 2010 Masters golf tournament. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
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| DOCUMENT: | **CL** | **1** |
|-----------|--------|-------|

|  | **Arthur F. Bell, Jr.          & Associates, L.L.C.** |
|--|------------------------------------------------------------|

| DATE: |  | 12/5/00 | FR PAGE: |  | N/A | PAGES: |  | 2 | PDF SIZE: | 60 KB | PDF LINK: | cf0034c0 |
|-------|--|---------|----------|--|-----|--------|--|---|-----------|-------|-----------|----------|

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

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

WYATT ANTHONY BIRD,

 Defendant - Appellant.

No. 11-30115

D.C. No. 3:10-cr-05630-RSM

MEMORANDUM*

Appeal from the United States District Court

for the Western District of Washington

Ricardo S. Martinez, District Judge, Presiding

Submitted February 21, 2012** 

Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

Wyatt Bird appeals from the 96-month sentence imposed following his

guilty-plea conviction for being a felon in possession of a firearm, in violation of

18 U.S.C. §§ 922(g)(1) and 924(a)(2). We have jurisdiction under 28 U.S.C.

FILED

FEB 24 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-30115

§ 1291, and we affirm.

Bird first contends that the district court committed procedural error by

failing to consider his mitigation arguments and failing adequately to explain the

reasons for the sentence selected. These contentions fail because the district

court’s explanation was sufficient to communicate that it “considered the parties’

arguments and ha[d] a reasoned basis for exercising [its] own legal decisionmaking

authority.” Rita v. United States, 551 U.S. 338, 356 (2007).

Bird also contends that his sentence is substantively unreasonable. In light

of the totality of the circumstances, including Bird’s significant criminal history, as

well as the 18 U.S.C. § 3553(a) sentencing factors, the above-Guidelines sentence

is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).

AFFIRMED.
KPMG LLP
    
    Telephone
    
    +65 6213 338816 Raffles Quay #22-00
    
    Fax
    
    +65 6225 0984Hong Leong Building
    
    Internet
    
    kpmg.com.sgSingapore 048581
 Securities and Exchange Commission
Washington, D.C. 20549
    
    Our ref DAL/raContact (65)62132538April 30, 2010
     KPMG LLP (Registration No. T08LL1267L) is
an accounting limitedliability partnership registered in Singapore under the Limited Liability
Partnership Act (Chapter 163A), and a member firm of the KPMG
network of independent member firms affiliated with KPMG
International Cooperative (KPMG International), a Swiss entity.
| 1.   | The quarterly 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 quarterly report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Gary Wilcox                                                 |
|-----------------------------------------------------------------|
| Gary WilcoxChief Executive Officer(Principal Executive Officer) |

| 1.   | The quarterly 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 quarterly report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Gerald McGuire                                                 |
|--------------------------------------------------------------------|
| Gerald McGuireChief Financial Officer(Principal Financial Officer) |
IV 

111TH CONGRESS 

2D SESSION H. RES. 1176 

Amending the Rules of the House of Representatives to ban congressional 

earmarks, limited tax benefits, and limited tariff benefits. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2010 

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

Committee on Rules 

RESOLUTION 

Amending the Rules of the House of Representatives to 

ban congressional earmarks, limited tax benefits, and 

limited tariff benefits. 

1 Resolved, That clause 9 of rule XXI is amended by 

2 striking paragraphs (a) through (d), by redesignating 

3 paragraphs (e), (f), and (g) as paragraphs (c), (d), and 

4 (e), respectively, and by inserting before paragraph (b) the 

5 following new paragraphs: 

6 ‘‘(a) It shall not be in order to consider— 

7 ‘‘(1) a bill or joint resolution reported by a 

8 committee if it or the accompanying report contains 

9 a congressional earmark, limited tax benefit, or lim10 ited tariff benefit; 


pwalker on DSK8KYBLC1PROD with BILLS
2 

•HRES 1176 IH 

1 ‘‘(2) a bill or joint resolution not reported by a 

2 committee if it contains a congressional earmark, 

3 limited tax benefit, or limited tariff benefit; 

4 ‘‘(3) an amendment to a bill or joint resolution 

5 if it contains a congressional earmark, limited tax 

6 benefit, or limited tariff benefit; or 

7 ‘‘(4) a conference report to accompany a bill or 

8 joint resolution if it or the accompanying joint ex9 planatory statement prepared by the managers on 

10 the part of the House on the part of the Senate con11 tains a congressional earmark, limited tax benefit, or 

12 limited tariff benefit. 

13 ‘‘(b) For purposes of paragraph (a), a determination 

14 of whether a measure or matter contains any congres15 sional earmark, limited tax benefit, or limited tariff benefit 

16 shall be made by the Committee on the Budget, which may 

17 rely on information supplied by the Congressional Budget 

18 Office to that committee.’’. 

Æ 


pwalker on DSK8KYBLC1PROD with BILLS
**Exhibit 31.1****CERTIFICATION**I, Maurice R. Ferré, M.D., certify that:1. I have reviewed this Quarterly Report on Form 10-Q of MAKO Surgical Corp.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe registrant and have:(a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is being prepared;(b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and(c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materially affected,or is reasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions):(a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; and(b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.     May 9, 2008 /s/ Maurice R. Ferré, M.D.   Maurice R. Ferré, M.D.   President, Chief Executive Officer and Chairman of the Board
Exhibit 31.1 CERTIFICATION I, Philip J. Davis, certify that: 1.   I have reviewed this quarterly report on Form 10-Q of Chay Enterprises, Inc. for the fiscal quarter ended June 30, 2008;  2.   Based on my knowledge, this 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 report;  3.  Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;  4.  The small business issuers other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for the small business issuer and have:  (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;  (b) Evaluated the effectiveness of the small business issuers disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  (c) Disclosed in this report any change in the small business issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting; and  5.  The small business issuers other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of the small business issuers board of directors (or persons performing the equivalent functions):  (a) All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the small business issuers ability to record, process, summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuers internal control over financial reporting.  Date:  August __, 2008  /s/ Philip J. Davis Philip J. Davis President, Chief Executive Officer and Chief Financial Officer (Principal Executive Officer and Principal Financial Officer)
## COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02 - 13 - 00268 - CV

FREDRICK DEONE GOODE N APPELLANT
V. JASON W. SCHOLL, D. ALVORADO, D. PIAZZA, S. TRENT, JAMES ANDERS, TRACI COOKE, LINDA RICHEY, T.D.C. J.

- CID, AND RICK THALER APPELLEES

- ----------- FROM THE 30TH DISTRICT COURT OF WICHITA COUNTY

---------- 

### MEMORANDUM OPINION 1

---------- Appellant attempts to appeal from the trial court’s order dismissing his claims against Appellees as frivolous. We dismiss for want of jurisdiction.

1 See Tex. R. App. P. 47.4.2 On January 10, 2013, Appellant filed a petition against Appellees raising claims under the Texas Tort Claims Act. On March 26, 2013, the trial court dismissed Appellant’s claims as frivolous. See Tex. Civ. Prac. & Rem. Code Ann. § 14.003 (West 2002). On A ugust 1, 2013, Appellant filed a notice of appeal and a motion for an extension of time to file the notice. Appellant asserted that he did not receive notice of the trial court’s dismiss al until July 10,
2013. Although we may extend the time to appeal fr om an appealable order in a civil case where the affected party did not receive timely notice, we may not extend the deadline more than ninety days after the date the order was signed. See Tex. R. App. P. 4.2(a)(1); see also Tex. R. Civ. P. 306a(4). Appe llant’s motion and notice of appeal were filed more than ninety days after the trial court’s dismissal order. Therefore, we deny Appellant’s motion and dismiss this appeal. See Tex. R. App. P. 25.1(b), 43.2(f).

PER CURIAM PANEL: GABRIEL, J.; LIVINGSTON , C.J.; and DAUPHINOT , J.
DELIVERED: August 22 , 2013
H. Res. 1205 

In the House of Representatives, U. S., 

March 23, 2010. 

Resolved, That upon the adoption of this resolution it 

shall be in order to consider in the House the bill (H.R. 

4849) to amend the Internal Revenue Code of 1986 to provide tax incentives for small business job creation, extend the 

Build America Bonds program, provide other infrastructure 

job creation tax incentives, and for other purposes. All points 

of order against consideration of the bill are waived except 

those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill, modified 

by the amendment printed in the report of the Committee on 

Rules accompanying this resolution, shall be considered as 

adopted. The bill, as amended, shall be considered as read. 

All points of order against provisions in the bill, as amended, 

are waived. The previous question shall be considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) one hour of debate equally divided 

and controlled by the chair and ranking minority member of 
2 

•HRES 1205 EH 

the Committee on Ways and Means; and (2) one motion to 

recommit with or without instructions. 

Attest: 

Clerk.
```

[Federal Register: November 18, 2002 (Volume 67, Number 222)]
[Notices]
[Page 69511]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no02-29]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY: Commodity Futures Trading Commission.

TIME AND DATE: 11 a.m., Friday, December 20, 2002.

PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED:  Surveillance Matters.

FOR MORE INFORMATION CONTACT:  Jean A. Webb, 202-418-5100.

Jean A. Webb,
Secretary of the Commission.
[FR Doc. 02-29320 Filed 11-14-02; 12:10 pm]
BILLING CODE 6351-01-M
```
****

July 14, 2022

**BY ELECTRONIC SUBMISSION**

Christopher J. Kirkpatrick

Office of the Secretariat

U.S. Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

**Re: SwapEx CFTC Submission 02-22: Certification Pursuant to Commission Rule 40.6 – Rule Amendments**

Dear Mr. Kirkpatrick:

Pursuant to Section 5c(c) of the Commodity Exchange Act (the “Act”) and Section 40.6(a)   of the regulations of the Commodity Futures Trading Commission (the “CFTC” or “Commission”), SwapEx, LLC (“SwapEx”, or the “Company”) hereby notifies the Commission that it has amended its Rulebook and that it is certifying those amendments. The Rulebook has been amended to clarify Section (b) of Rule 524 - Operation of the Trading System regarding Execution Methods for Permitted Transactions.  The amended Rulebook will become effective on July 29, 2022.

A concise explanation of the amendments to the Rulebook and their compliance with applicable provisions of the Act, including core principles and the Commission’s regulations, is attached hereto as Exhibit A. A clean copy of the amended Rules is attached hereto as Exhibit B, and a copy of the Rules marked to show changes against the version submitted to the Commission as part of the Rule certification on February 14, 2022, is attached hereto as Exhibit C.  SwapEx hereby certifies that: (i) the amended Rulebook complies with the Act and the Commission’s regulations thereunder, and (ii) a notice and copy of this submission is being concurrently posted on SwapEx’s web site. There were no opposing views to the amendments to the Rulebook. 

If you have questions, please contact the undersigned at (212) 259-3126 or KAAluise@statestreet.com.

Sincerely,

Karen A Aluise

Karen A. Aluise

Chief Compliance Officer

Encl. (Exhibits A, B and C)

Information Classification: General

Information Classification: General

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