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

No. 18

- 10648 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

KENTRELL DAVIS, also known as “Zeal” , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:17

- CR

- 264

- 9

Before DAVIS, JONES, and DUNCAN, Circuit Judges. PER CURIAM: *
The attorney appointed to represent Kentrell Davis 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).
Davis has filed a response. The reco rd is not sufficiently developed to allow us to make a fair evaluation of Davis ’s claims of ine ffective assistance of counsel;

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 29, 2019

Lyle W. Cayce Clerk Case: 18-10648 Document: 00514813522 Page: 1 Date Filed: 01/29/2019No. 18

- 10648

2 we theref ore decline to consider the claims without prejudice to collateral
review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014 )

. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Davis ’s response. We concur with counsel’s

assessme nt that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R . 42.2. Davis’s motion for the appointment of new counsel is
DENIED. Case: 18-10648 Document: 00514813522 Page: 2 Date Filed: 01/29/2019
1 The HONORABLE ROBERT W. PRATT, Ch ief Judge, United States District Court for the Southern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-3513

___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Southern District of Iowa. * Miguel Alvarado-Sanchez, also known * [UNPUBLISHED] as Miguel Rodriguez, * * Appellant. *

___________ Submitted: June 30, 2010 Filed: July 6, 2010

___________ Before LOKEN, BYE, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. Miguel Alvarado-Sanchez pleaded guilty to conspiring to distribute 50 grams of methamphetamine and 500 grams or more of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846. The district court 1 imposed the statutory minimum sentence of 120 months in prison and 5 years of supervised rel ease. On appeal, Alvarado-Sanchez’s counsel seeks to withdraw and has filed a brie f under Anders v. California , 386 U.S. 738 (1967),-2- asserting that the sentence imposed was unr easonable and that there was insufficient evidence to support the conviction. Having carefully reviewed th e record, we conclude thatthe district court did not abuse its discretion in imposing the statutory minimum sentence. SeeUnited States v. Chacon , 330 F.3d 1065, 1066 (8th Cir. 2003) (only authority to depart from statutory minimum sentence is in 18 U.S.C . § 3553(e) and (f), which apply only when government makes motion for substantial assistance or defendant qualifies for safety-valve relief). We further conclude that by entering a valid guilty plea, Alvarado-Sanchez waived any challenge to the sufficiency of the evidence supporting his conviction. See United States v. Ternus , 598 F.3d 1251, 1254 (11th Cir. 2010) (sufficiency-of-evidence challenge is nonj urisdictional and waived by guilty plea); United States v. Staples , 435 F.3d 860, 864 (8th Cir. 2006) (valid guilty plea waives all nonjurisdictional defects). Finding no nonfrivolous issue for appeal, seePenson v. Ohio , 488 U.S. 75, 80 (1988), we grant counsel leave to withdraw, and we affirm the judgment.

______________________________
CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


     We consent to the incorporation by reference in the Registration  Statement
(Form S-8 No. 333-28739) pertaining to the Concero, Inc. 1996 Stock Option/Stock
Issuance  Plan and the  Concero,  Inc.  Employee  Stock  Purchase  Plan,  in the
Registration  Statement (Form S-8 No. 333-59873) pertaining to the Concero, Inc.
1996 Stock Option/Stock  Issuance Plan, and in the Registration  Statement (Form
S-8 No.  333-42472)  pertaining  to the Concero,  Inc.  1996 Stock  Option/Stock
Issuance Plan, the Concero,  Inc. 2000 Non-Officer Stock  Option/Stock  Issuance
Plan and the Concero,  Inc.  Employee  Stock  Purchase  Plan of our report dated
January 19, 2001,  with respect to the  consolidated  financial  statements  and
schedule of Concero, Inc. included in its Annual Report (Form 10-K) for the year
ended December 31, 2000, filed with the Securities and Exchange Commission.



/s/ Ernst & Young LLP

Austin, Texas
March 26, 2001
<PAGE>   1
                                                                    EXHIBIT 11.1


                  MONARCH DENTAL CORPORATION AND SUBSIDIARIES
                       COMPUTATION OF NET INCOME PER SHARE
                  (Dollars in thousands, except per share data)

<TABLE>
<CAPTION>
                                                                        Year Ended December 31,
                                                                       ------------------------
                                                                          1997           1996
                                                                       ---------         ------
<S>                                                                    <C>               <C>
Income before extraordinary item                                       $   2,135         $  675
Extraordinary loss, net of applicable tax benefit                           (264)            --
                                                                       ---------         ------
Net income                                                             $   1,871         $  675
                                                                       =========         ======


Weighted average common shares outstanding                                 6,369          2,846
Weighted average common equivalent shares outstanding                      1,977          2,231
                                                                       ---------         ------
Weighted average common and common equivalent shares
  outstanding                                                              8,346          5,077
                                                                       =========         ======

NET INCOME PER COMMON SHARE:
Income before extraordinary item                                       $    0.34         $ 0.24
Extraordinary item                                                         (0.05)            --
                                                                       ---------         ------
Net income                                                             $    0.29         $ 0.24
                                                                       =========         ======


NET INCOME PER SHARE - ASSUMING DILUTION:
Income before extraordinary item                                       $    0.26         $ 0.13
Extraordinary item                                                         (0.04)            --
                                                                       ---------         ------
Net income                                                             $    0.22         $ 0.13
                                                                       =========         ======
</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM PINNACLE OIL
INTERNATIONAL INC.'S CONSOLIDATED BALANCE SHEET AT DECEMBER 31, 1998 AND
PINNACLE OIL INTERNATIONAL INC.'S CONSOLIDATED STATEMENT OF LOSS FOR THE TWELVE-
MONTH PERIOD ENDED DECEMBER 31, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       4,713,822
<SECURITIES>                                         0
<RECEIVABLES>                                  121,435
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             4,862,588
<PP&E>                                         575,190
<DEPRECIATION>                                  90,664
<TOTAL-ASSETS>                               5,566,205
<CURRENT-LIABILITIES>                          177,350
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        800
<COMMON>                                        12,427
<OTHER-SE>                                   5,375,628
<TOTAL-LIABILITY-AND-EQUITY>                 5,566,205
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                1,332,646
<OTHER-EXPENSES>                               214,838
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (1,117,808)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,117,808)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,117,808)
<EPS-PRIMARY>                                   (0.35)
<EPS-DILUTED>                                   (0.35)
        

</TABLE>
EXHIBIT 11

Statement re computation of per-share earnings

Basic per share data is calculated based on the weighted-average number of common shares
outstanding during the reported periods. Diluted per share data includes any dilution from potential common stock outstanding, such as performance shares and the exercise of stock options.



|                                                                               |  |                              |            |      |   |          
|------------------------------------------------------------------------------ |  | ---------------------------- | ---------- | ---- | - | ---------
|                                                                               |  | Three Months Ended March 31,
|                                                                               |  | 2007                         |            | 2006
|Numerator:                                                                     |  |                              |            |      |   |          
|Net income                                                                     |  | $                            | 3,683,000  |      | $ | 3,250,000
|                                                                               |  |                              |            |      |   |          
|Denominator:                                                                   |  |                              |            |      |   |          
|Denominator for basic income per shareweighted-average shares                 |  |                              | 11,890,732 |      |   | 8,186,146
|Dilutive potential common sharesemployee stock options and performance shares |  |                              | 21,199     |      |   | 12,782   
|                                                                               |  |                              |            |      |   |          
|Denominator for diluted earnings per shareadjusted weighted-average shares    |  |                              | 11,911,931 |      |   | 8,198,928
|                                                                               |  |                              |            |      |   |
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21 -0643 STATE OF MONTANA,

Plaintiff and Appellee, v. JENNIFER RENEE SKAW,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including July 8, 2022, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

June 2 2022

06/02/2022

Case Number: DA 21-0643
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           2,761
<SECURITIES>                                         0
<RECEIVABLES>                                  163,454
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               166,215
<PP&E>                                       4,075,258
<DEPRECIATION>                               1,454,667
<TOTAL-ASSETS>                               2,786,806
<CURRENT-LIABILITIES>                           31,241
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 2,786,806
<SALES>                                      1,039,407
<TOTAL-REVENUES>                             1,043,207
<CGS>                                          248,884
<TOTAL-COSTS>                                6,048,647
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (5,005,440)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,005,440)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,005,440)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
EXHIBIT 11

Statement re computation of per-share earnings

Basic per share data is calculated based on the weighted-average number of common shares outstanding during the reported periods. Diluted per share data includes any dilution from potential common stock outstanding, such as the exercise of
stock options.



|                                                                              |  |                                 |            |                                |   |           |  |      |           |  |   |           
|----------------------------------------------------------------------------- |  | ------------------------------- | ---------- | ------------------------------ | - | --------- |  | ---- | --------- |  | - | ----------
|                                                                              |  | Three Months EndedSeptember 30, |            | Nine Months EndedSeptember 30,
|                                                                              |  | 2006                            |            | 2005                           |   | 2006      |  | 2005
|Numerator:                                                                    |  |                                 |            |                                |   |           |  |      |           |  |   |           
|Net income                                                                    |  | $                               | 3,110,000  |                                | $ | 3,401,000 |  | $    | 9,854,000 |  | $ | 10,482,000
|                                                                              |  |                                 |            |                                |   |           |  |      |           |  |   |           
|Denominator:                                                                  |  |                                 |            |                                |   |           |  |      |           |  |   |           
|Denominator for basic income per share - weighted-average shares              |  |                                 | 11,387,660 |                                |   | 8,165,750 |  |      | 9,797,105 |  |   | 8,164,445 
|Dilutive potential common shares - employee stock options                     |  |                                 | 3,055      |                                |   | 17,001    |  |      | 6,954     |  |   | 15,444    
|                                                                              |  |                                 |            |                                |   |           |  |      |           |  |   |           
|Denominator for diluted earnings per share - adjusted weighted-average shares |  |                                 | 11,390,715 |                                |   | 8,182,751 |  |      | 9,804,059 |  |   | 8,179,889 
|                                                                              |  |                                 |            |                                |   |           |  |      |           |  |   |
<PAGE>   1
 
                                                                    EXHIBIT 23.1
 
                        CONSENT OF INDEPENDENT AUDITORS
 

        We consent to the incorporation by reference in the Registration
Statement on Form S-8 pertaining to the IXC Communications, Inc. 1996 Stock
Plan and the IXC Communications, Inc. Amended and Restated 1994 Stock Plan and
to the incorporation by reference in the Registration Statement on Form S-8
pertaining to the IXC Communications, Inc. Special Stock Plan of our report
dated February 28, 1997, except for the third paragraph of Note 19, as to which
the date is March 17, 1997, with respect to the consolidated financial
statements of IXC Communications, Inc. included in the Annual Report on Form
10-K for the year ended December 31, 1996.

                                          Ernst & Young LLP

 
Austin, Texas
March 27, 1997
<PAGE>   1
                                                                    EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Form S-8 Nos. 333-92699 and 333-4030 and Form S-3 No. 333-31161) pertaining to
the Heartport, Inc. 1999 Supplemental Stock Option Plan and Employee Stock
Purchase Plan, the Heartport, Inc. 1996 Stock Option Plan and Employee Stock
Purchase Plan, and the convertible subordinated notes, of our report dated
January 19, 2001, with respect to the consolidated financial statements and
schedule of Heartport, Inc. included in the Annual Report (Form 10-K/A Amendment
No.1) for the year ended December 31, 2000.


                                                  Ernst & Young LLP

Palo Alto, California
March 9, 2001
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

          - [Docket No. 100427198-2060-01]

# AGENCY:

U.S. Census Bureau, Department of Commerce.

# ACTION:

Notice of amended Privacy Act System of Records: COMMERCE/CENSUS-10 and 5.

# SUMMARY:

The Department of Commerce (Commerce) publishes this notice to announce the effective date of a Privacy Act System of Records notice entitled COMMERCE/CENSUS-5, Decennial Census Program.

# DATES:

The system of records becomes effective on May 14, 2010.

# ADDRESSES:

For a copy of the system of records please mail requests to: Chief Privacy Officer, Privacy Office, Room HQ—8H168, U.S. Census Bureau, Washington, DC 20233-3700.

# FOR FURTHER INFORMATION CONTACT:

Chief Privacy Officer, Privacy Office, Room HQ—8H168, U.S. Census Bureau, Washington, DC 20233-3700, 301-763-6560.

# SUPPLEMENTARY INFORMATION:

On March 18, 2010, the Department of Commerce published and requested comments on a proposed amended Privacy Act System of Records notice entitled COMMERCE/CENSUS-5, Decennial Census Program (75 FR 13076). That notice proposed to combine the American Community Survey, and the Population and Housing Census Records of the 2000 Census Including Preliminary Statistics for the 2010 Decennial Census, into the COMMERCE/CENSUS-5, Decennial Census Program. No comments were received in response to the request for comments. By this notice, the Department is adopting the proposed amended system as final without changes effective May 14, 2010.

 Dated: May 7, 2010.

Brenda Dolan,

U.S. Department of Commerce, Freedom of Information/Privacy Act Officer.

[FR Doc. 2010-11548 Filed 5-13-10; 8:45 am]

BILLING CODE 3510-07-P