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

Docket No. 39428

STATE OF IDAHO
,

Plaintiff-Respondent
,

v.

SASHA DEE MARTINEZ
,

Defendant-Appellant

. ) ) ) ) ) ) ) ) ) ) 2011 Unpublished Opinion No. 563

Filed: July 25, 2012

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED
OPINION AND SHALL NOT
BE CITED AS AUTHORITY

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson , District Judge.

Order denying I.C.R. 35 motion for reduction of sentence, affirmed

.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

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

________________________________________________
Before LANSING, Judge; GUTIERREZ, Judge; and MELANSON, Judge

PER CURIAM

Sasha Dee Martinez was convicted of attempting to obtain a controlled substance by

fraud , Idaho Code §§ 37

- 2732(a)(3), 18

- 306. The district court imposed a unified sentence of

two years with one year determinate and retained jurisdiction . Following the period of retained

jurisdiction, the district court relinquished jurisdiction. Martinez filed an Idaho Criminal Rule 35

motion, which the district court denied. Martinez appeals from the denial of his Rule 35 motion.

A Rule 35 motion is a request for leniency which is addressed to the sound discretion of

the sentencing 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 Rule 35 motion,

the defendant must show that the sentence is ex cessive in light of new or additional information2 subsequently provided to the district court in support of the motion. State v. Huffman , 144 Idaho

201, 159 P.3d 838 (2007). Our focus on review is upon the nature of the offense and the

character of the o ffender. State v. Reinke , 103 Idaho 771, 772, 653 P.2d 1183, 1184 (Ct. App.

1982). Where a sentence is not illegal, the appellant must show that it is unreasonably harsh in

light of the primary objective of protecting society and the related goals of det errence,

rehabilitation and retribution. State v. Broadhead , 120 Idaho 141, 145, 814 P.2d 401, 405

(1991), overruled on other grounds by State v. Brown , 121 Idaho 385, 825 P.2d 482 (1992);

State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982).

Having reviewed the record, including the new information submitted with Martinez’s

Rule 35 motion, we find no abuse of discretion in the district court’s denial of the motion.

Accordingly, the district court’s order denying Martinez’s I.C.R. 35 m otion is affirmed.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 7, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-2813

Mabuchi Motor America Corp:

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_05.09.19.pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
Exhibit
32.1
 
 Certification
of Periodic Report
 Pursuant
to 18 U.S.C. Section 1350
 As
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 
 Pursuant to, and for purposes only of,
18 U.S.C. § 1350, the undersigned hereby certifies that (i) the Quarterly Report
of Peoples Bancorp, Inc. on Form 10-Q for the quarter ended March 31, 2009, as
filed with the Securities and Exchange Commission (the “Report”), fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934, and (ii) information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of Peoples
Bancorp, Inc. and Subsidiaries.
 
 Date:  May 11, 2009
                    /s/ Thomas G. StevensonThomas
      G. StevensonPresident/Chief
      Executive Officer&
      Chief Financial Officer
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3819

Academy, Ltd:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 13, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-3844

Knowles Corporation:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests and the 

request failed to show that this particular product is available only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
##### 



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 Each of the undersigned hereby certifies, in his capacity as an officer of Stater Bros. Holdings
Inc. (the Company), for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that to his knowledge:  
    The Annual Report on Form 10-K/A of the Company for the annual period ended September
26, 2004 (the Report), fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m); and
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company. Date: May 6, 2005 /s/ Jack H. BrownJack H. BrownChairman of the Board, President,
and Chief Executive Officer(Principal Executive Officer)May 6, 2005/s/ Phillip J. SmithPhillip J. SmithSenior Vice President, andand Chief Financial Officer(Principal Financial Officer)May 6, 2005
[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Notices]
[Page 13211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6075]



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


Board of Governors of the Federal Reserve System

Time and Date: Approximately 10:15 a.m., Wednesday, March 15, 1995, 
following a recess at the conclusion of the open meeting.

Place: Marriner S. Eccles Federal Reserve Board Building, C Street 
entrance between 20th and 21st Streets, N.W., Washington, D.C. 20551.

Status: Closed.

Matters to be Considered:

    1. Personnel actions (appointments, promotions, assignments, 
reassignments, and salary actions) involving individual Federal 
Reserve System employees.
    2. Any items carried forward from a previously announced 
meeting.

Contact Person for More Information: Mr. Joseph R. Coyne, Assistant to 
the Board; (202) 452-3204. You may call (202) 452-3207, beginning at 
approximately 5 p.m. two business days before this meeting, for a 
recorded announcement of bank and bank holding company applications 
scheduled for the meeting.

    Dated: March 8, 1995.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 95-6075 Filed 3-8-95; 10:56 am]
BILLING CODE 6210-01-P
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

October 18, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-2051

Toyota Tsusho Nexty Electronics America, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3549

Tianhai Electric North America:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request concerns a product strategically important or related to 

‘‘Made in China 2025’’ or other Chinese industrial programs.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Notices]
[Page 14325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6437]



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

DEPARTMENT OF THE TREASURY
Internal Revenue Service


Art Advisory Panel of the Commissioner of Internal Revenue 
Availability of Report of 1994 Closed Meetings

AGENCY: Internal Revenue Service, Treasury.

ACTION: Notice of availability of report on closed meetings of the Art 
Advisory Panel.

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

SUMMARY: The report is now available.
    Pursuant to 5 U.S.C. app. I section 10(d), of the Federal Advisory 
Committee Act; and 5 U.S.C. section 552b, the Government in the 
Sunshine Act; and Treasury Directive 21-03 section 8 (1-29-87): A 
report summarizing the closed meeting activities of the Art Advisory 
Panel during 1994, has been prepared. A copy of this report has been 
filed with the Assistant Secretary of the Treasury for Management and 
is now available for public inspection at: Internal Revenue Service, 
Freedom of Information Reading Room, Room 1565, 1111 Constitution 
Avenue, NW., Washington, DC 20224.
    Requests for copies should be addressed to: Director, Disclosure 
Operations Division, Attn: FOI Reading Room, Box 388, Benjamin Franklin 
Station, Washington, DC 20224, Telephone (202) 622-5164 (Not a toll 
free telephone number).
    The Commissioner of Internal Revenue has determined that this 
document is not a major rule as defined in Executive Order 12866 and 
that a regulatory impact analysis therefore is not required. Neither 
does this document constitute a rule subject to the Regulatory 
Flexibility Act (5 U.S.C. chapter 6).
    For further information contact: Karen Carolan, CC:AP:AS:4, 901 D 
Street, SW., Room 224, Washington, DC 20024, Telephone (202) 401-4128 
(Not a toll free telephone number).
Margaret Milner Richardson,
Commissioner of Internal Revenue.
[FR Doc. 95-6437 Filed 3-15-95; 8:45 am]
BILLING CODE 4830-01-U
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan



### February 27, 2007 Clifford W. Taylor, Chief Justice 

### 131283(26) Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. 

### CHURCH MUTUAL IN SURANCE COMPANY, Stephen J. Markman, 

### Plaintiff-Appellant, Justices


### v SC: 131283 COA: 267524 Ottawa CC: 99-035674-NZ CONSUMERS ENERGY COMPANY, Defendant-Appellee.

________________ _______________ __________/

On order of the Court, the motion for reconsideration of this Court’s September 26, 2006 order is considered, and it is DENIED, because it doe s not appear that the order was entered erroneously.

p0220 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

February 27, 2007

Clerk
Opinion issued February 13 , 202 4

In The 

## Court of Appeals
For The 

## First District of Texas

———————————— NO. 01

- 2 3

- 00 490

- CV

——————

———— — ENI I NTERNATIONA L RESOURCES LIMITED , Appellant V. JIMENA MOLINA

- VACAS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTA T E OF FRANCISCO JAVIER VACAS, DECEASED , MICHAEL VACAS, DAVID VACAS , AND NICOLE VACAS , AS WRONGFUL DEATH BENEFICIARIES OF FRANCISCO JAVIER

VACAS, DECEASED , A ppellee s

O n Appeal from the 270 th District Court

Harris County, Texas Trial Court Cause No. 20 22

- 73 740

MEMORANDUM OPINION2

Appellant has filed an unopposed motion to dismiss its appeal. S ee T EX

. R.

A PP

. P. 1 0 .3( a)(2), 42.1( a)(1). No opinion has issued. See T EX

. R. A PP

. P. 42.1(c). Accordingly, we grant the motion and dismiss the appeal. See T EX

. R. A PP

. P. 42.1(a)(1) , 43.2(f)

. We dismiss all other pending motions as moot.

P E R C URIAM Panel cons ists of Chief Justice Adams and Justices Landau and Riva s

- Molloy

.
##### 



Exhibit 12.1
 
 Sept. 28,
    
    
    Sept. 26,
    
    
    Sept. 25,
    
    
    Sept. 24,
    
    
    Sept. 30,2003(1)(2)
    
    
    2004(1)(2)
    
    
    2005(2)
    
    
    2006(2)
    
    
    2007(2)Earnings:Income before income taxes
    
    $
    15,946
    
    
    $
    111,140
    
    
    $
    39,908
    
    
    $
    44,011
    
    
    $
    82,674Amortization of capitalized interest
    
    
    352
    
    
    
    302
    
    
    
    251
    
    
    
    219
    
    
    
    226Interest
    
    
    52,524
    
    
    
    78,790
    
    
    
    55,211
    
    
    
    58,476
    
    
    
    67,849Less interest capitalized during
the period
    
    
    (144
    )
    
    
    (323
    )
    
    
    (1,111
    )
    
    
    (4,276
    )
    
    
    (9,806
    )Net amortization of debt discount
and premium and issuance
expense
    
    
    3,158
    
    
    
    11,321
    
    
    
    3,042
    
    
    
    3,038
    
    
    
    5,496Interest portion of rental expense
    
    
    22,740
    
    
    
    23,979
    
    
    
    25,461
    
    
    
    23,681
    
    
    
    21,762Earnings as adjusted
    
    $
    94,576
    
    
    $
    225,209
    
    
    $
    122,762
    
    
    $
    125,149
    
    
    $
    168,201Fixed charges:Interest
    
    $
    52,524
    
    
    $
    78,790
    
    
    $
    55,211
    
    
    $
    58,476
    
    
    $
    67,849Net amortization of debt discount
and premium and issuance
expense
    
    
    3,158
    
    
    
    11,321
    
    
    
    3,042
    
    
    
    3,038
    
    
    
    5,496Interest portion of rental expense
    
    
    22,740
    
    
    
    23,979
    
    
    
    25,461
    
    
    
    23,681
    
    
    
    21,762Fixed charges
    
    $
    78,422
    
    
    $
    114,090
    
    
    $
    83,714
    
    
    $
    85,195
    
    
    $
    95,107Ratio of Earnings to Fixed Charges
    
    
    1.21
    
    
    
    1.97
    
    
    
    1.47
    
    
    
    1.47
    
    
    
    1.77
 
 (1)
    
    Fiscal 2003 includes the Companys 50% share of Santee. Fiscal 2004 includes the
Companys 50% share of Santee through February 6, 2004. Santee has been consolidated into
the Companys consolidated results since that date.(2)
    
    Fiscal years 2003, 2004, 2005 and 2006 were 52-week years while fiscal 2007 was a
53-week year.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                                         <C>
<PERIOD-TYPE>                                     9-MOS
<FISCAL-YEAR-END>                           DEC-31-2000
<PERIOD-END>                                SEP-30-2000
<CASH>                                        				1,000
<SECURITIES>                                          0
<RECEIVABLES>                                   					 0
<ALLOWANCES>                                          0
<INVENTORY>                                           0
<CURRENT-ASSETS>                              				1,000
<PP&E>                                                0
<DEPRECIATION>                                        0
<TOTAL-ASSETS>                               					1,000
<CURRENT-LIABILITIES>                           					 0
<BONDS>                                               0
<COMMON>                                              0
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                       1,000
<OTHER-SE>                                   								 0
<TOTAL-LIABILITY-AND-EQUITY>                 					1,000
<SALES>                                               0
<TOTAL-REVENUES>                              							 0
<CGS>                                                 0
<TOTAL-COSTS>                                         0
<OTHER-EXPENSES>                             								 0
<LOSS-PROVISION>                                      0
<INTEREST-EXPENSE>                                    0
<INCOME-PRETAX>                                 					 0
<INCOME-TAX>                                          0
<INCOME-CONTINUING>                                   0
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                    					 0
<EPS-BASIC>                                         0
<EPS-DILUTED>                                         0


</TABLE>