alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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NOT FOR PUBLICATION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.

STEVEN MICHAEL HARRILL,

 Defendant - Appellant.

No. 10-10210

D.C. No. 1:07-cr-00091-LJO

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Lawrence J. O’Neill, District Judge, Presiding

Submitted May 24, 2011** 

Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.

Steven Michael Harrill appeals from the 60-month sentence imposed upon

revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291,

and we affirm.

Harrill first contends that the district court procedurally erred by failing to

FILED

JUN 07 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-10210

consider the sentencing factors set forth in 18 U.S.C. §§ 3553(a) and 3583(e). We

review for plain error. See United States v. Hammons, 558 F.3d 1100, 1103 (9th

Cir. 2009). The district court did not plainly err. It stated the correct guideline and

statutory range, reviewed all of the evidence submitted, listened to mitigating

arguments, considered the relevant § 3553(a) factors, and did not sanction Harrill

solely or primarily for the underlying revocation offense. See United States v.

Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc), see also United States v.

Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006) (the district court can sanction a

violator for his breach of trust).

Harrill also contends that his sentence is substantively unreasonable. The

record reflects that the sentence imposed is substantively reasonable in light of the

totality of the circumstances and the sentencing factors set forth in 18 U.S.C.

§§ 3553(a) and 3583(e). See Gall v. United States, 552 U.S. 38, 51-52 (2007); see

also U.S.S.G. § 7B1.4 n.4.

Appellant’s motion to expedite is denied as moot.

AFFIRMED.
```
[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Notices]
[Page 9693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4214]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Substance Abuse and Mental Health Services Administration

Center for Mental Health Services; Notice of Meeting

    Pursuant to Public Law 92-463, notice is hereby given of the 
meeting of the Center for Mental Health Services (CMHS) National 
Advisory Council in April 1995.
    The meeting of the CMHS National Advisory Council will include a 
discussion of the mission and programs of the Center, administrative 
announcements and program developments. It will focus on services and 
research related to the integration of services, research, and 
financing for co-occuring mental illness and substance use disorders. 
The Council will also be performing review of applications for Federal 
assistance and individual contract proposals; therefore, portions of 
this meeting will be closed to the public as determined by the 
Administrator, SAMHSA, in accordance with 5 U.S.C. 552b(c) (3), (4) and 
(6) and 5 U.S.C. app. 2 10(d).
    A summary of the meeting and/or a roster of Council members may be 
obtained from: Gloria Yockelson, Committee Management Officer, CMHS, 
Room 18C-07, Parklawn Building, Rockville, Maryland 20857, Telephone: 
(301) 443-7919.
    Substantive program information may be obtained from the contact 
whose name and telephone number is listed below.

    Committee Name: Center for Mental Health Services National 
Advisory Council.
    Meeting Dates: April 3-4, 1995.
    Place: Chevy Chase Holiday Inn, 5520 Wisconsin Avenue, Chevy 
Chase, Maryland 20815.
    Closed: April 3, 9 a.m.-11 a.m.
    Open: April 3, 11 a.m.-5 p.m.; April 4, 9 a.m.-adjournment.
    Contact: Anne Mathews-Younes, Ed.D., Room 11C-26, Parklawn 
Building, Telephone: (301) 443-3606.

    Dated: February 15, 1995.
Jeri Lipov,
Committee Management Officer, Substance Abuse and Mental Health 
Services Administration.
[FR Doc. 95-4214 Filed 2-17-95; 8:45 am]
BILLING CODE 4162-20-P
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-4049

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

SANDRA BANKS THOMPSON,

Defendant - Appellant.

Appeal from the United States District Court for the Middle

District of North Carolina, at Durham. James A. Beaty, Jr.,

District Judge. (CR-03-454)

Submitted: April 20, 2005 Decided: May 3, 2005

Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.

Affirmed in part, vacated in part, and remanded by unpublished per

curiam opinion.

Marilyn Gerk Ozer, MASSENGALE & OZER, Chapel Hill, North Carolina,

for Appellant. Anna Mills Wagoner, United States Attorney, Sandra

Jane Hairston, Lawrence Patrick Auld, Assistant United States

Attorneys, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
1

Thompson also moves for severance from her codefendants. We

previously granted this motion by separate order.

- 2 -

PER CURIAM:

Sandra Banks Thompson, indicted with several

codefendants, pled guilty on February 3, 2004, to conspiracy to

commit loan, mail, wire, and bank fraud, in violation of 18 U.S.C.

§ 371 (2000). On December 28, 2004, the district court sentenced

Thompson, over her objection based on Blakely v. Washington, 124 S.

Ct. 2531 (2004), to twenty-six months of imprisonment to be

followed by three years of supervised release. The district court

also specified an alternative sentence of probation pursuant to

this court’s recommendation in United States v. Hammoud, 378 F.3d

426 (4th Cir. 2004) (order), opinion issued by 381 F.3d 316 (4th

Cir. 2004) (en banc), vacated, 125 S. Ct. 1051 (2005).

Thompson appealed, challenging her sentence under

Blakely. On January 12, 2005, the Supreme Court in United

States v. Booker, 125 S. Ct. 738 (2005), applied the reasoning in

Blakely to the federal sentencing guidelines. 

Thompson now moves for an expedited remand of her case to

the district court to allow implementation of the alternative

sentence previously announced by the district court.1 The

Government opposes both motions; those of Thompson’s codefendants

who have responded to the motions have no objection.
2

We decline Thompson’s request to direct the district court

to implement the alternative sentence previously announced.

- 3 -

We conclude that Thompson is entitled to be resentenced

under Booker, as the Government concedes. As Thompson raises no

other issues on appeal, we affirm her conviction and vacate the

sentence imposed by the district court. We grant the motion for

remand, having expedited its consideration to the extent

practicable given the court’s docket.2 On remand, the district

court shall reconsider Thompson’s sentence in light of Booker. 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.

AFFIRMED IN PART,

VACATED IN PART, AND REMANDED
<PAGE>   1
                                                                  Exhibit 3(i).5


                             CERTIFICATE OF INCREASE

                                       OF

                      SERIES D CONVERTIBLE PREFERRED STOCK

                                       OF

                               GENTA INCORPORATED

                            (Pursuant to Section 151
            of the General Corporation Law of the State of Delaware)

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

                  Genta Incorporated (the "Company"), a corporation organized
and existing under the General Corporation Law of the State of Delaware, in
accordance with the provisions of Section 151(g) thereof, DOES HEREBY CERTIFY:

                  That pursuant to the authority conferred upon the Board of
Directors by the Restated Certificate of Incorporation of the Company, the Board
of Directors of the Company has adopted the following resolution increasing the
number of authorized shares of Series D Convertible Preferred Stock of the
Company:

                           RESOLVED: That pursuant to the authority expressly
                  granted and vested in the Board of Directors of the Company in
                  accordance with the provisions of its Restated Certificate of
                  Incorporation the number of shares of the series of Preferred
                  Stock of the Company designated as Series D Convertible
                  Preferred Stock be, and hereby is, increased from 223,860
                  shares to 270,290 shares; and that the appropriate officers of
                  the Company be and hereby are authorized and directed in the
                  name and on behalf of the Company to execute and file a
                  Certificate of Increase with the Secretary of State of the
                  State of Delaware increasing the number of shares constituting
                  the Series D Convertible Preferred Stock from 223,860 to
                  270,290 and to take any and all other actions deemed necessary
                  or appropriate to effectuate this resolution.

                  IN WITNESS WHEREOF, the Company has caused this Certificate of
Increase to be executed by its duly authorized officer on this 15th day of July,
1998.

                                            GENTA INCORPORATED


                                            By:________________________________
                                               Name:
                                               Office:
[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Notices]
[Page 2585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-510]



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

DEPARTMENT OF ENERGY
[Docket No. SA95-1-000]


Western Gas Resources Storage, Inc.; Notice of Petition for 
Adjustment

January 4, 1995.
    Take notice that on December 2, 1994, Western Gas Resources 
Storage, Inc. (WGRS), filed pursuant to Section 502(c) of the Natural 
Gas Policy Act of 1978 (NGPA), a petition for adjustment from Section 
284.123(b)(1)(ii) of the Commission's Regulations to permit WGRS to use 
its tariff on file with the Railroad Commission of Texas (TRC), for 
suspendable firm storage and storage-related transportation services 
performed pursuant to NGPA Section 311.
    In support of its petition, WGRS states that it is an intrastate 
pipeline operating in the State of Texas, and is a gas utility subject 
to the jurisdiction of the TRC. WGRS owns and operates the Katy Gas 
Storage Facility, which consists of a storage cavern and associated 
pipeline facilities as well as a header system. WGRS's transportation 
and storage rates are subject to regulation by the TRC. WGRS 
anticipates providing suspendable firm Section 311 storage service on 
behalf of interstate pipeline companies or local distribution companies 
served by interstate pipeline companies for negotiated rates not to 
exceed the rates for suspendable intrastate service on file with the 
TRC under Tariff No. TN-3199-TT-7.
    The regulations applicable to this proceeding are found in Subpart 
K of the Commission's Rules of Practice and Procedure. Any person 
desiring to participate in this rate proceeding must file a motion to 
intervene in accordance with sections 385.211 and 385.214 of the 
Commission's Rules of Practice and Procedures. All motions must be 
filed with the Secretary of the Commission within 15 days after 
publication of this notice in the Federal Register. The petition for 
adjustment is on file with the Commission and is available for public 
inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 95-510 Filed 1-9-95; 8:45 am]
BILLING CODE 6717-01-M
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANDREA CLAIRE WOOD; TAYLOR 

PACKWOOD, 

Plaintiffs-Appellants, 

 v. 

COUNTY OF CONTRA COSTA; MARY P. 

CAREY, 

Defendants-Appellees.

No. 21-16183 

D.C. No. 3:21-cv-00611-MMC 

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Maxine M. Chesney, District Judge, Presiding

Submitted August 17, 2022**

Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges.

Andrea Claire Wood and Taylor Packwood appeal pro se from the district 

court’s judgment dismissing their action alleging federal and state law claims 

stemming from the placement of Wood’s children into foster care. We have 

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

except as provided by Ninth Circuit Rule 36-3.

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

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

FILED

AUG 25 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 21-16183 

jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s 

dismissal under Federal Rule of Civil Procedure 12(b)(6). Hebbe v. Pliler, 627 

F.3d 338, 341 (9th Cir. 2010). We affirm.

The district court properly dismissed plaintiffs’ claims against defendant 

Carey because an attorney is not a state actor under § 1983. See West v. Atkins, 

487 U.S. 42, 48 (1988) (“To state a claim under § 1983, a plaintiff must . . . show 

that the alleged deprivation was committed by a person acting under color of state 

law.”); Polk County v. Dodson, 454 U.S. 312, 317-19 (1981) (a private attorney or 

a public defender does not act under color of state law within the meaning of 

§ 1983).

The district court did not abuse its discretion by dismissing plaintiffs’ claims 

against the remaining defendants due to defects in service of process. See Fed. R. 

Civ. P. 4(c) and (e) (service of process requirements); In re Sheehan, 253 F.3d 507, 

511 (9th Cir. 2001) (standard of review); Boudette v. Barnette, 923 F.2d 754, 755 

(9th Cir. 1991) (an action must be dismissed if proper service is not accomplished 

within 120 days after the complaint is filed pursuant to Fed. R. Civ. P. 4(m)); 

Carter v. Comm’r, 784 F.2d 1006, 1008 (9th Cir. 1986) (pro se litigants must 

comply with court rules).

The district court did not abuse its discretion in declaring Wood to be a 

vexatious litigant and issuing a pre-filing order against her. See Ringgold-Lockhart 
3 21-16183 

v. County of Los Angeles, 761 F.3d 1057, 1062 (9th Cir. 2014) (requirements for 

issuing a vexatious litigant order); Molski v. Evergreen Dynasty Corp., 500 F.3d 

1047, 1056 (9th Cir. 2007) (standard of review).

All pending motions and requests are denied.

AFFIRMED.
#### William B. Putney, as Assignee, etc., Respondent, v. Alexander G. Tyng, Appellant.

Order-affirmed, with ten dollars costs and disbursements.

Opinion

*Per Curiam.*
[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Notices]
[Pages 8438-8439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3594]



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


SMALL BUSINESS ADMINISTRATION

Commonwealth of the Northern Mariana Islands; Declaration of 
Disaster Loan Area

    The Islands of Antahan, Saipan, and Tinian in the Commonwealth of 
the Northern Mariana Islands are hereby declared a disaster area as a 
result of damages caused by Typhoon Zelda which occurred on November 3, 
1994. Applications for loans for physical damage as a result of this 
disaster may be filed until the close of business on April 7, 1995 and 
for economic injury until the close of business on November 6, 1995 at 
the address listed below: U.S. Small Business Administration, Disaster 
Area 1 Office, 360 Rainbow Blvd. South, 3rd Floor, Niagara Falls, NY 
14303, or other locally announced locations.
    The interest rates are:

------------------------------------------------------------------------
                                                                 Percent
------------------------------------------------------------------------
For physical damage:                                                    
  Homeowners with credit available elsewhere..................     8.000
  Homeowners without credit available elsewhere...............     4.000
  Businesses with credit available elsewhere..................     8.000
  Businesses and non-profit organizations without credit                
   available elsewhere........................................     4.000
[[Page 8439]]                                                           
                                                                        
  Others (including non-profit organizations) with credit               
   available elsewhere........................................     7.125
For economic injury:                                                    
  Businesses and small agricultural cooperatives without                
   credit available elsewhere.................................     4.000
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 276306 
and for economic injury the number is 844300.

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

    Dated: February 6, 1995.
Philip Lader,
Administrator.
[FR Doc. 95-3594 Filed 2-13-95; 8:45 am]
BILLING CODE 8025-01-M
EXHIBIT 32.1

CERTIFICATION PURSUANT TO  18 U.S.C. §1350,  AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-K/A of HF Financial Corp. (the "Company") for the fiscal year
ended June 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Stephen M. Bianchi, Chairman, President and Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



/s/ STEPHEN M. BIANCHI Stephen M. Bianchi, President and Chief Executive OfficerDate: October 28, 2011


*A
signed original of this written statement required by Section 906 has been provided to HF Financial Corp. and will be retained by
HF Financial Corp. and furnished to the Securities and Exchange Commission or its staff upon request.


---



QuickLinks
##### 



Exhibit 31.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO SECURITIES EXCHANGE ACT OF 1934
RULE 13a-14(a) OR 15d-14(a)
  1.
    
    I have reviewed and read this Quarterly Report on Form 10-QSB of Kolorfusion International,
Inc.;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;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 periods presented in
this Quarterly Report;4.
    
    The registrants other certifying officer and I am responsible for establishing and
maintaining disclosure controls and procedures (as defined in the Exchange Act Rules 13a-14
and 15d-14) for the registrant and have:
 (a)
    
    designed such disclosure controls and procedures, or caused such disclosure controls
and procedures to be designed under our supervisions, to ensure that material information
relating to the registrant is made known to us by others within those entities,
particularly during the period in which this Quarterly Report is being prepared;(b)
    
    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 Quarterly Report based on such
evaluation; and(c)
    
    disclosed in this Quarterly Report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter (the
registrant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 financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and
board of directors performing the equivalent functions of an audit committee:
 (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 controls over financial reporting; and
 Date: November 13, 2007
    By:
    /s/ Stephen NagelStephen NagelPresident and Chief Financial Officer
#### L. M. COLEMAN v. STATE HIGHWAY COMMISSION.

(Filed 30 December, 1929.)

Appeal by defendant from *McElroy, J., at*April Term, 1929, of Clay. No error.

*Moody & Moody, D. Witherspoon .a,nd Edmund B. Norvell for plaintiff.*

*Charles Ross and, J. B. Gray for defendant.*

Per Curiam.

This was a special proceeding before the clerk of the Superior Court of Clay County for an assessment of damage done plaintiff’s land by the defendant’s appropriation of soil and gravel' in the construction of a highway. The issues were answered in favor of the plaintiff, and from the judgment rendered the defendant appealed. We find no error in the exclusion of evidence, and there was no such evidence of general or special benefits as would entitle the defendant to the rejected issue on this point,

No error,