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

No. 09-11231

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 26, 2010.

Susan Cowger, Assistant U.S. Attorney, U.S. Attorney’s Office, Dallas, TX, for Plaintiff-Appellee.

William Reynolds Biggs, Assistant Federal Public Defender, Federal Public Defender’s Office, Dallas, TX, for Defendant-Appellant.

Before SMITH, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent David Acosta 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). Acosta 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 Cm. 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Exhibit 31.1
       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 registrant, 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.
    
    Designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;
 c.
    
    Evaluated the effectiveness of the registrant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
 d.
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter that
has materially affected, or is reasonable likely to materially affect, the registrants
internal control over financial reporting; and
  a.
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrant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 registrants internal control over financial reporting.
  /s/ JAMES J. LETOJames J. LetoChief Executive Officer
<TABLE> <S> <C>

<ARTICLE>             5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE ACCOMPANYING
BALANCE SHEET AS OF JANUARY 30, 1999 AND THE ACCOMPANYING STATEMENTS OF
OPERATIONS, CHANGES IN EQUITY, AND CASH FLOWS FOR THE 52 WEEK PERIOD ENDED
JANUARY 30, 1999 FOR STAR MARKETS COMPANY, INC., AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JAN-30-1999
<PERIOD-END>                               JAN-30-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   18,277
<ALLOWANCES>                                     1,331
<INVENTORY>                                     64,914
<CURRENT-ASSETS>                                87,674
<PP&E>                                         240,400
<DEPRECIATION>                                  70,645
<TOTAL-ASSETS>                                 412,971
<CURRENT-LIABILITIES>                           79,278
<BONDS>                                        259,037
<PREFERRED-MANDATORY>                           10,421
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      82,606
<TOTAL-LIABILITY-AND-EQUITY>                   412,971
<SALES>                                      1,064,235
<TOTAL-REVENUES>                             1,064,235
<CGS>                                          777,842
<TOTAL-COSTS>                                  262,297
<OTHER-EXPENSES>                                    76
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              29,486
<INCOME-PRETAX>                                (5,314)
<INCOME-TAX>                                       363
<INCOME-CONTINUING>                            (5,677)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,677)
<EPS-PRIMARY>                               (1,135.00)
<EPS-DILUTED>                               (1,135.00)
        

</TABLE>
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

May 2, 2016

s0418 

# Order

Clerk May 2, 2016

150980 & (17)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 150980

COA: 323371

Wayne CC: 01

- 009791

- FC

MARIO SMITH

, Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the December 11

, 2014

order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of

granting leave to appeal, we VACATE the sentence of the Wayne Circuit Court on the

defendant’s first

- degree murder conviction, and we REMAND this case to the tria l court

for resentencing pursuant to MCL 769.25 and MCL 769.25a. See Montgomery v

Louisiana , 577 US ___; 136 S Ct 718; 193 L Ed 2d 599 (2016), and Miller v Alabama,

567 US ___; 132 S Ct 2455; 183 L Ed 2d 407 (2012). In all other respects, leave to

appeal is DENIED, because we are not persuaded that the remaining question presented

should be reviewed by this Court. The motion to remand for an evidentiary hearing

pursuant to People v Ginther , 390 Mich 436 (1973), is DENIED.

We do not retain jurisdictio n.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1461 Engrossed in House (EH)]

H. Res. 1461

                In the House of Representatives, U. S.,

                                                     December 22, 2010.
Whereas Olympic Day, June 23, 2010, celebrates the Olympic ideal of developing 
        peace through sport;
Whereas June 23 marks the anniversary of the founding of the modern Olympic 
        movement, the date on which the Congress of Paris approved the proposal 
        of Pierre de Coubertin to found the modern Olympics;
Whereas for more than 100 years, the Olympic movement has built a more peaceful 
        and better world by educating young people through amateur athletics, by 
        bringing together athletes from many countries in friendly competition, 
        and by forging new relationships bound by friendship, solidarity, and 
        fair play;
Whereas the United States advocates the ideals of the Olympic movement;
Whereas Olympic Day will encourage the development of Olympic and Paralympic 
        sport in the United States;
Whereas Team USA won an historic 37 medals at the Vancouver 2010 Olympic Winter 
        Games;
Whereas Team USA won 13 medals at the Vancouver 2010 Paralympic Winter Games;
Whereas the USOC Paralympic Military Program provides post-rehabilitation 
        support and mentoring to members of the United States Armed Forces 
        who've sustained physical injuries such as traumatic brain injury, 
        spinal cord injury, amputation, visual impairment or blindness, and 
        stroke;
Whereas Olympic Day encourages the participation of youth of the United States 
        in Olympic and Paralympic sport;
Whereas World Fit, a program established by Olympians and Paralympians to 
        promote physical fitness and a healthy lifestyle to middle school 
        children and connect them with Olympic and Paralympic athletes and the 
        Olympic Movement, helped 7,239 students from 17 schools in 6 States walk 
        a total of 769,148 miles in 6 weeks during the 2010 program;
Whereas Olympic Day will encourage the teaching of Olympic history, health, 
        arts, and culture among the youth of the United States; and
Whereas enthusiasm for Olympic and Paralympic sport is at an all-time high: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) supports Olympic Day and the goals that Olympic Day pursues;
            (2) congratulates Team USA on their Vancouver 2010 accomplishments; 
        and
            (3) supports the goals of World Fit and congratulates its 
        participants on the 2010 results.
            Attest:

                                                                          Clerk.
```
Exhibit
      32.1





Certification*




In
      connection with the Quarterly Report of Bonanza One, Inc., (the “Company”), on
      Form 10-QSB for the quarter ending March 31, 2008 as filed with the Securities
      and Exchange Commission on the date hereof (the “Periodic Report”) pursuant to
      the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act
      of 1934, as amended (the “Exchange Act”), and Section 1350 of
      Chapter 63 of Title 18 of the United States Code (18 U.S.C.§ 1350),
      John Holcomb, President, Chief Executive Officer of the Company and principal
      financial officer of the Company, hereby certifies that, to the best of my
      knowledge:




1. The
      Periodic Report fully complies with the requirements of Section 13(a) or
      Section 15(d) of the Exchange Act, and




2. The
      information contained in the Periodic Report fairly presents, in all material
      respects, the financial condition and results of operations of the Company
      for
      the period covered by the Periodic Report.





Date:
                May 20, 2007
            By:
            /s/  
                John HolcombJohn
                HolcombPresident,
                Chief Executive Officer(Principal
                Executive Officer andPrincipal
                Financial Officer)




*  This
      certification accompanies the Periodic Report to which it relates, is not deemed
      filed with the Securities and Exchange Commission and is not to be incorporated
      by reference into any filing of Bonanza One, Inc. under the Securities Act
      of
      1933, as amended, or the Securities Exchange Act of 1934, as amended (whether
      made before or after the date of the Periodic Report), irrespective of any
      general incorporation language contained in such filing.
**Exhibit No. 32.1**

Form 10-Q

BTHC XV, Inc.

File No. 0-52808

**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 Quarterly Report of BTHC XV, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2009 as filed with the Securities and        Exchange Commission on the date hereof (the “Report”), I, Timothy P. Halter, Chief Executive and Chief Financial Officer of the Company, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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. |   |   |

 

| Date: July 23, 2009 |   |  By: |  /s/ Timothy P. Halter |   |   |
|---------------------|--------|-----------|-----------------------------|--------|--------|
|                     |   |      | Timothy P. Halter           |   |   |
|                     |   |      | Chief Executive             |   |   |
|                     |   |      | and Chief Financial Officer |   |   |

----

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

###### Small Business Administration

          - [(Declaration of Disaster #3341; Amendment #2)]

                    In accordance with a notice received from the Federal Emergency Management Agency, dated June 8, 2001, the above-numbered Declaration is hereby amended to include Anoka, Beltrami, Brown, Carver, Chisago, Clearwater, Douglas, Grant, Hennepin, Kittson, Koochiching, Nicollet, Red Lake and Scott Counties and Red Lake Indian Reservation and White Earth Indian Reservation in the State of Minnesota as disaster areas caused by flooding and severe winter storms, flooding and tornadoes occurring between March 23, 2001 and May 29, 2001.                          ( print page 32656)    

In addition, applications for economic injury loans from small businesses located in Blue Earth, Hubbard, Lake of the Woods, Roseau and Watonwan Counties in the State of Minnesota may be filed until the specified date at the previously designated location. Any counties contiguous to the above named primary counties and not listed here have been previously declared.

All other information remains the same, i.e., the deadline for filing applications for physical damage is July 15, 2001 and for economic injury the deadline is February 15, 2002.

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008)

Dated: June 11, 2001.

James E. Rivera,

Acting Associate Administrator for Disaster Assistance.

[FR Doc. 01-15120 Filed 6-14-01; 8:45 am]

BILLING CODE 8025-01-P
---

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

I, Pui Shan Lam, hereby certify, 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 Swav Enterprises
      Ltd. for the period ended December 31, 2008 (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 Swav Enterprises Ltd..                                                                   

Date: February 13, 2009

/s/ Pui Shan Lam Pui Shan
LamPresident and Chief Executive Officer Principal Executive 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 Swav Enterprises
Ltd. and will be retained by Swav Enterprises Ltd. and furnished to the
Securities and Exchange Commission or its staff upon request.

---
#### Yasuyuki NAGAO, a.k.a. Robert Yasuyuri Nagao, a.k.a. Robert Yasuyuvi, a.k.a. Yasuyuvi Robert Nagao, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 07-71331.

United States Court of Appeals, Ninth Circuit.

*601Submitted Dec. 19, 2011*

Filed Jan. 4, 2012.

Yasuyuki Nagao, pro se.

Joshua E. Braunstein, Esquire, OIL, Carlos J. Ruiz, Esquire, DOJ-U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.

*

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

MEMORANDUM **

Yasuyuki Nagao, a native and citizen of Japan, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, *Unuakhaulu v. Gonzales,*416 F.3d 931, 937 (9th Cir.2005), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the order of removal against Nagao because he was found removable under 8 U.S.C. § 1227(a)(2)(A)(ii) and his convictions involved crimes for which a sentence of at least one year may be imposed. *See 8*U.S.C. § 1252(a)(2)(C); *Planes v. Holder,*652 F.3d 991, 998-99 (9th Cir.2011).

Substantial evidence supports the agency’s denial of asylum, withholding of removal, and relief under the Convention Against Torture because the evidence in the record does not “compel a different conclusion from the one reached by the BIA.” *Zheng v. Holder,*644 F.3d 829, 835-36 (9th Cir.2011).

We lack jurisdiction to consider Nagao’s contention that the BIA violated his right to due process by summarily affirming the IJ’s decision because this is not a colorable claim. *See Vargas-Hernandez v. Gonzales,*497 F.3d 919, 921 (9th Cir.2007). We lack jurisdiction to consider Nagao’s contention that the IJ violated his due process right to a full and fair hearing because he did not exhaust this claim before the BIA. *See Tall v. Mukasey,*517 F.3d 1115, 1120 (9th Cir.2008).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1176 Introduced in House (IH)]

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.

    Resolved, That clause 9 of rule XXI is amended by striking 
paragraphs (a) through (d), by redesignating paragraphs (e), (f), and 
(g) as paragraphs (c), (d), and (e), respectively, and by inserting 
before paragraph (b) the following new paragraphs:
    ``(a) It shall not be in order to consider--
            ``(1) a bill or joint resolution reported by a committee if 
        it or the accompanying report contains a congressional earmark, 
        limited tax benefit, or limited tariff benefit;
            ``(2) a bill or joint resolution not reported by a 
        committee if it contains a congressional earmark, limited tax 
        benefit, or limited tariff benefit;
            ``(3) an amendment to a bill or joint resolution if it 
        contains a congressional earmark, limited tax benefit, or 
        limited tariff benefit; or
            ``(4) a conference report to accompany a bill or joint 
        resolution if it or the accompanying joint explanatory 
        statement prepared by the managers on the part of the House on 
        the part of the Senate contains a congressional earmark, 
        limited tax benefit, or limited tariff benefit.
    ``(b) For purposes of paragraph (a), a determination of whether a 
measure or matter contains any congressional earmark, limited tax 
benefit, or limited tariff benefit shall be made by the Committee on 
the Budget, which may rely on information supplied by the Congressional 
Budget Office to that committee.''.
                                 <all>
```
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statement of Vyrex Corporation on Form S-8 (File No.333-50571) of our report, which contains an explanatory paragraph relating to the Corporation’s ability to continue as a going concern, dated February 8, 2005 on the financial statements of Vyrex Corporation as of December 31, 2004 and 2003,and for the years then ended and for the period from January 2, 1991 (date of inception) to December 31, 2004, which report is included in this Annual Report on Form 10-KSB. 

 

/S/ J.H. Cohn LLP 

 

San Diego, California 

March 28, 2005