alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 46108
STATE OF IDAHO , Plaintiff

- Respondent ,

v.
JOSE LUIS BARONA

- HERNANDEZ , Defendant

- Appellant
. ) ) ) ) ) ) ) ) ) ) Filed: December 24, 2018 Karel A. Lehrman, Clerk
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Jerome County. Hon. John K. Butler , District Judge. Judgment of conviction and sentence and order denying Idaho Criminal Rule 35 motion, affirmed

. Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford , Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming , Deputy Attorney General, Boise, for respondent.

________________________________________________ Before GUTIERREZ, Judge; HUSKEY, Judge; and LORELLO, Judge

________________________________________________ PER CURIAM Jose Luis Barona

- Hernandez pleaded guilty to possession of a controlled substance with intent to deliver . I.C. § 37

- 2732(a)( 1 )(A) . The district court sentenced Barona

- Hernandez to a unified fifteen

- year sentence, with three years determinate

. Barona

- Hernandez filed an I.C.R 35 motion, which the district court denied. Barona

- Hernandez appeals. Sentencing is a matter for th e trial court’s discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the sentence are well established. See State v. Hernandez , 121 Idaho 114, 117

- 18, 822 P.2d 1011, 1014

- 15 (Ct. App. 1991); State

v . Lopez , 106 Idaho 447, 449

- 51, 680 P.2d 869, 871

- 73 (Ct. App. 1984); State v. Toohill , 1032 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver , 144 Idah o 722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Next, we review whether the district court erred in denying Barona

- Hernandez ’s I.C. R. 35 motion. A motion for reduction of sentence under I.C.R. 35 is essentially a plea for leniency, addressed to the sound discretion of the court. State v. Knighton , 143 Idaho 318, 319, 144 P.3d 23, 24 (2006); State v. Allbee , 115 Idaho 845, 846, 771 P .2d 66, 67 (Ct. App. 1989). In presenting a I.C.R. 35 motion, the defendant must show that the sentence is excessive in light of new or additional information subsequently provided to the district court in support of the motion. State v. Huffman , 144 Ida ho 201, 203, 159 P.3d 838, 840 (2007). Upon review of the record, including any new information submitted with Barona

- Hernandez ’s I.C.R. 35 motion, we conclude no abuse of discretion has been shown. Therefore, Barona

- Hernandez ’s judgment of convicti on and sentence, and the district court’s order denying Barona

- Hernandez ’s I.C.R. 35 motion, are affirmed.
`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1595 Reported in Senate (RS)]






                                                       Calendar No. 292
106th CONGRESS
  1st Session
                                S. 1595

To designate the United States courthouse at 401 West Washington Street 
    in Phoenix, Arizona, as the ``Sandra Day O'Connor United States 
                             Courthouse''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 1999

  Mr. Kyl (for himself and Mr. McCain) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                           September 29, 1999

               Reported by Mr. Chafee, without amendment

_______________________________________________________________________

                                 A BILL


 
To designate the United States courthouse at 401 West Washington Street 
    in Phoenix, Arizona, as the ``Sandra Day O'Connor United States 
                             Courthouse''.

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

SECTION 1. DESIGNATION OF SANDRA DAY O'CONNOR UNITED STATES COURTHOUSE.

    The United States courthouse at 401 West Washington Street in 
Phoenix, Arizona, shall be known and designated as the ``Sandra Day 
O'Connor United States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States courthouse referred to 
in section 1 shall be deemed to be a reference to the ``Sandra Day 
O'Connor United States Courthouse''.
                                     





                                                       Calendar No. 292

106th CONGRESS

  1st Session

                                S. 1595

_______________________________________________________________________

                                 A BILL

To designate the United States courthouse at 401 West Washington Street 
    in Phoenix, Arizona, as the ``Sandra Day O'Connor United States 
                             Courthouse''.

_______________________________________________________________________

                           September 29, 1999

                       Reported without amendment`
[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Notices]
[Pages 5527-5528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-423]


=======================================================================
-----------------------------------------------------------------------

ELECTION ASSISTANCE COMMISSION


Sunshine Act Notice

AGENCY: United States Election Assistance Commission.

ACTION: Notice of Public Meeting.

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

DATE AND Time: Thursday, February 7, 2008 10 a.m.-1 p.m.

Place: Hyatt Regency on Capitol Hill, 400 New Jersey Avenue, NW., 
Washington, DC 20001. (Metro Stop: Union Station).

Agenda: Commissioners will receive an update on HAVA Funding Issues. 
Commissioners will consider and vote on the following studies: Study on 
Feasibility of Free Absentee Voting Postage; Study on use of Social 
Security Information of First Time Voters Who Register to Vote by Mail. 
Commissioners will consider and vote on an Interim

[[Page 5528]]

Policy for Changes to State Specific Instructions on National Mail 
Voter Registration Form. Commissioners will consider and vote on a 
Disclaimer proposal to State Instructions Portion of the NVRA Form. The 
Commission will consider other administrative matters.
    This meeting will be open to the public.

Person To Contact For Information: Bryan Whitener, Telephone: (202) 
566-3100.

Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
[FR Doc. 08-423 Filed 1-25-08; 4:13 pm]
BILLING CODE 6820-KF-M
Exhibit 32.2

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 Brinks Home Security Holdings, Inc. (the Company) on Form 10-Q for the period ending
March 31, 2010 (the Report), I, Stephen C. Yevich, Executive Vice President 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 to my knowledge:



|(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 this 28th day of April 2010.



/s/ Stephen C. YevichStephen C. YevichExecutive Vice President and
Chief Financial Officer


A signed original of this written statement required by Section 906 has been provided to Brinks Home Security Holdings, Inc. and will be
retained by Brinks Home Security Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request. The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being
filed as part of the Report or as a separate disclosure document.
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE 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 Annual  Report of New  Generation  Holdings,  Inc. (the
"Company") on Form 10-KSB for the period ending December 31, 2002, as filed with
the Securities and Exchange  Commission on the date hereof (the  "Report"),  the
undersigned Chief Executive Officer of the Company 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 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 as of
and for the periods covered in the Report.



                                          /s/ Jacques Mot
                                          -------------------------------------
                                          Jacques Mot
                                          Chief Executive Officer and Principal
                                          Financial Officer
                                          New Generation Holdings, Inc.


February 15, 2005


The foregoing certification is being furnished solely pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002 (18 U.S.C. 1350) and is not being filed as part
of the Form 10-KSB or as a separate disclosure document.

A signed  original of this  written  statement  required by Section 906 has been
provided to New Generation Holdings, Inc. and will be retained by New Generation
Holdings,  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.                  

###### National Credit Union Administration

# FOR FURTHER INFORMATION CONTACT:

Mary Rupp, Secretary of the Board, Telephone: 703-518-6304.

Mary Rupp, 

Secretary of the Board.

[FR Doc. 08-770 Filed 2-14-08; 2:39 pm]

BILLING CODE 7535-01-M
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7774 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ARTHUR GRAHAM JUSTICE, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, Chief District Judge. (1:01-cr-00234; 1:04-cv-00447) Submitted: March 22, 2007 Decided: March 28, 2007 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Arthur Graham Justice, Appellant Pro Se. Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Arthur Graham Justice seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying his motion for redu ction of sentence under 18 U.S.C.A. § 3582 (West 2000 & Supp. 2005). In criminal cases, the defendant must file the notice of appeal within ten days after the entry of judgment. Fed. R. App. P. 4(b)(1)(A); see United States v. Alvarez , 210 F.3d 309, 310 (5th Cir. 2000) (holding that § 3582 proceeding is criminal in nature and ten-day appeal period applies). With or without a motion, upon a showing of excusable neglect or good cause, the district court may grant an extension of up to thirty days to file a notice of appeal. Fed. R. App. P. 4(b)(4); United States v. Reyes , 759 F.2d 351, 353 (4th Cir. 1985). The district court entered its order denying the motion for reduction of sentence on June 29, 2006. The notice of appeal was filed on October 12, 2006. Because Justice failed to file a timely notice of appeal or to obtain an extension of the appeal period, we dismiss the appeal. We deny Justice’s motion for bail pending appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Exhibit
32.2


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 Quarter Report of Universal Solar Technology, Inc. (the
"Company") on Form 10-Q for the quarter ended June 30, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Lijie
Zhu, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of
the Sarbanes-Oxley Act of 2002, that to my knowledge:





(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:
August 16, 2010





/s/Lijie
      zhuLijie
      Zhu
                      Principal Financial and Accounting Officer
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

KULDIP SINGH,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 11-72239

Agency No. A096-057-908

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 19, 2012** 

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

Kuldip Singh, a native and citizen of India, petitions for review of the Board

of Immigration Appeals’ (“BIA”) order denying his motion to reopen based on

ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We

review for abuse of discretion the denial of a motion to reopen and review de novo

FILED

DEC 21 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-72239

questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). 

We deny the petition for review. 

The BIA did not abuse its discretion in denying Singh’s motion to reopen on

the ground that Singh failed to establish that he was prejudiced by the alleged

ineffective assistance of his former attorneys. See id. at 793-94 (prejudice results 

when “the performance of counsel was so inadequate that it may have affected the

outcome of the proceedings”). 

PETITION FOR REVIEW DENIED.
115TH CONGRESS 

2D SESSION H. R. 5791 

AN ACT 

To designate the facility of the United States Postal Service 

located at 9609 South University Boulevard in Highlands 

Ranch, Colorado, as the ‘‘Deputy Sheriff Zackari 

Spurlock Parrish, III, Post Office Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 5791 EH

1 SECTION 1. DEPUTY SHERIFF ZACKARI SPURLOCK PAR2 RISH, III, POST OFFICE BUILDING. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 9609 South University Boule5 vard in Highlands Ranch, Colorado, shall be known and 

6 designated as the ‘‘Deputy Sheriff Zackari Spurlock Par7 rish, III, Post Office Building’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 

10 States to the facility referred to in subsection (a) shall 

11 be deemed to be a reference to the ‘‘Deputy Sheriff 

12 Zackari Spurlock Parrish, III, Post Office Building’’. 

Passed the House of Representatives September 28, 

2018. 

Attest: 

Clerk. 

115TH CONGRESS 

2D SESSION H. R. 5791 

AN ACT 

To designate the facility of the United States PostPost Office Building’’. ‘‘Deputy Sheriff Zackari Spurlock Parrish, III, levard in Highlands Ranch, Colorado, as the al Service located at 9609 South University Bou-
Exhibit 32.2



NANOGEN, INC.



CERTIFICATIONS REQUIRED BY

RULE 13a-14(b) OF THE SECURITIES EXCHANGE ACT OF
1934



I, Robert Saltmarsh, Chief Financial Officer of Nanogen, Inc., a
Delaware corporation (the Company), hereby certify that, based on my knowledge:



|(1) | The Companys Annual Report on Form 10-K for the year ended December 31, 2004 (the Report) fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934, as amended; and
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------



March 15, 2005

/s/    Robert SaltmarshRobert SaltmarshChief Financial Officer
Exhibit 31.1

CERTIFICATIONS

I, Donald C. Scott, Chief Executive Officer, certify that:

1.

I have reviewed this annual report on Form 10-K of GS Financial Corp.;

2.

Based on my knowledge, this annual 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 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 maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we 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 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)

(paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986)

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 reasonably likely to materially affect, the registrant's internal control over financial reporting; and

5.

The registrant's other certifying officer and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):

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.

Date: March 16, 2004



|/s/ Donald C. Scott                    
|---------------------------------------
|Donald C. Scott
Chief Executive Officer
32.1
            
            Certification
      pursuant to Section 906 of the Sarbanes-Oxley Act of
2002


CERTIFICATION


PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I,
William Sears, Chief Executive Officer and Chief Financial Officer of Sears Oil
& Gas Corporation (the "Company") certify that:





1.
I have reviewed the quarterly report on Form 10-Q of Sears Oil & Gas
Corporation;





2.
Based on my knowledge, this quarterly 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 quarterly
report; and





3.
Based on my knowledge, the financial statements, and other financial information
included in this quarterly report, fairly present in all material respects the
financial condition, results of operations and cash flows of the Company as of,
and for, the period presented in this quarterly report.





Date:  December
3, 2008











/s/
William Sears


___________________


William
Sears,


Chief
Executive Officer


Chief
Financial Officer