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

No. 14

- 50109 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. MARVIN JOSUE HERNANDEZ

- LOPEZ , Defendant

- Appellant
Appeal from the United States District Court for the Western District of Texas USDC No. 2:13

- CR

- 813

- 1

Before PRADO, OWEN, and GRAVES, Circuit Judges. PER CURIAM: * Marvin Josue Hernandez

- Lopez challenges the within

- guidelines sentence imposed following his guilty plea conviction for illegal reentry following previous deportation. He argues that his sentence is substantively unreasonable because he was entitled to a downward departure based on cultural assimilation. He also argues that he was entitled to a downward

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 November 21, 2014 Lyle W. Cayce Clerk Case: 14-50109 Document: 00512845230 Page: 1 Date Filed: 11/21/2014No. 14

- 50109 departure, pursuant to U.S.S.G. § 5K2.0 and U.S.S.G. § 5H1.3, based on “the immense psychological and mental hardship he has suffered in prison.” To th e extent that Hernandez

- Lopez is challenging the district court’s refusal to downwardly depart from the recommended guidelines range, we do not have jurisdiction to review that decision. See United States v. Barrera

Saucedo , 385 F.3d 533, 535 (5th Cir. 20 04). To the extent that he is challenging the denial of his request for downward variance, t he record reflects that the district court considered Hernandez

- Lopez’s argument s for a below

- guidelines sentence, including his cultural assimilation argument. T he district court, however, determined that “out of an abundance of mercy” it would sentence Hernandez

- Lopez to 41 months, despite the record “justify[ing] someth ing more than just the guidelines.” Hernandez

- Lopez has failed to show that the district cour t failed to give proper weight to his arguments or any particular § 3553(a) factor. See United States v. Lopez

- Velasquez , 526 F.3d 804, 807 (5th Cir. 2009) . H ernandez

- Lopez has failed to rebut the presumption of reasonableness that is accorded his within

- guidelines sentence. See United States v. Gomez

- Herrera , 523 F.3d 554, 565

- 66 (2008 ). Thus, he has failed to show that his sentence is substantively unreasonable. See Gall v. United States, 552 U.S. 38, 49

- 51 (2007). AFFIRMED.

2 Case: 14-50109 Document: 00512845230 Page: 2 Date Filed: 11/21/2014
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Michael Lee Gordon, 

Petitioner, 

v. 

Unknown Party, et al., 

Respondents.

No. CV-18-00041-TUC-RM (BGM)

ORDER 

 Pending before the Court is Petitioner Michael Lee Gordon’s Motion for 

Miscellaneous Relief (Doc. 9). Petitioner requests that the Court order the Respondent to 

answer his Petition. He also requests an updated copy of the docket sheet. Petitioner’s 

Motion will be partially granted to the extent he requests an updated docket sheet. His 

request to order a response will be denied because, as explained in the May 4, 2018 Order 

dismissing this case, the Court lacks jurisdiction over the Petition. (Doc. 7.) 

. . . . 

. . . . 

. . . . 

. . . . 

. . . . 

. . . . 

. . . . 

. . . . 

Case 4:18-cv-00041-RM--BGM Document 10 Filed 05/08/18 Page 1 of 2
- 2 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

IT IS ORDERED that Petitioner’s Motion for Miscellaneous Relief (Doc. 9) is 

granted in part and denied in part as set forth above. The Clerk of Court is directed to 

send Petitioner an updated docket sheet. This action is to remain closed. 

 Dated this 8th day of May, 2018. 

Case 4:18-cv-00041-RM--BGM Document 10 Filed 05/08/18 Page 2 of 2
|   |        |   |   |   |   | RIDGEWOOD ENERGY V FUND, LLC                    |
|--------|-------------|--------|--------|--------|--------|------------------------------------------------------|
| Dated: | May 4, 2010 | By:    | /s/    |   |   | ROBERT E. SWANSON                                    |
|   |        |   | Name:  |   |   | Robert E. Swanson                                    |
|   |        |   | Title: |   |   | Chief Executive Officer                              |
|   |        |   |   |   |   | (Principal Executive Officer)                        |
|   |        |   |   |   |   |                                                 |
|   |        |   |   |   |   |                                                 |
| Dated: | May 4, 2010 | By:    | /s/    |   |   | KATHLEEN P. MCSHERRY                                 |
|   |        |   | Name:  |   |   | Kathleen P. McSherry                                 |
|   |        |   | Title: |   |   | Executive Vice President and Chief Financial Officer |
|   |        |   |   |   |   | (Principal Financial Officer)                        |
|   |        |   |   |   |   |                                                 |
|   |        |   |   |   |   |                                                 |

----
Exhibit 11

Case 2:18-cr-00422-DJH Document 1060-1 Filed 09/23/20 Page 1 of 5
Case 2:18-cr-00422-DJH Document 1060-1 Filed 09/23/20 Page 2 of 5
Case 2:18-cr-00422-DJH Document 1060-1 Filed 09/23/20 Page 3 of 5
Case 2:18-cr-00422-DJH Document 1060-1 Filed 09/23/20 Page 4 of 5
Case 2:18-cr-00422-DJH Document 1060-1 Filed 09/23/20 Page 5 of 5
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3887984.1

ORDER

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

vs.

Michael Lacey, et al.,

Defendants.

CASE NO. 2:18-cr-00422-004-PHX-DJH

ORDER

Case 2:18-cr-00422-DJH Document 1748-1 Filed 09/03/23 Page 1 of 2
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3887984.1 2

ORDER

Upon Motion of Defendant, with good cause appearing,

IT IS ORDERED that Defendant Brunst and his counsel (Mr. Panchapakesan) are 

granted leave from the Court to attend the September 5, 2023 Status Conference 

telephonically. Details for the remote appearance will be emailed to Mr. Brunst’s counsel, 

Gopi Panchapakesan.

IT IS SO ORDERED.

DATED: 

Hon. Diane J. Humetewa

United States District Judge

Case 2:18-cr-00422-DJH Document 1748-1 Filed 09/03/23 Page 2 of 2
EXHIBIT 12.1
 
 
 RATIO OF EARNINGS TO FIXED CHARGES AND PREFERRED SHARE DIVIDENDS
 
 
 The following table sets forth our consolidated ratios:
 
 Nine Months Ended September 30, 2010

(2)

Nine Months Ended September 30, 2009

(2)Ratio of Earnings to Fixed Charges (1)
5.46

43.44
 
 (1) The ratio of earnings to fixed charges was determined by dividing consolidated earnings by total fixed charges. For purposes of the ratios of earnings to fixed charges (i) earnings consist of consolidated net income before considering income taxes, minority interest and fixed charges and (ii) fixed charges consist of interest on indebtedness, interest expense on funds withheld from reinsurers and that portion of rent expense that is deemed by our management to be an appropriate interest factor. We have estimated that one-third of rent expense represents a reasonable approximation of the interest factor.
 
 (2) No preferred shares were outstanding during the nine months ended September 30, 2010 and 2009, and no preferred share dividends were paid during those periods.
Page 1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States,

Plaintiff,

v.

Joye Vaught,

Defendant.

 Case No. CR-18-422-SMB

DEFENDANT VAUGHT’S

JOINDER WITH DEFENDANT 

BRUNST’S MOTION RE: STATE OF 

MIND TESTIMONY

NOW COMES the Defendant, Joye Vaught, by her attorney of record, to

join with Defendant Brunst’s Motion to Seek Admission of Brunst’s Testimony 

re: State of Mind. She further submits the following:

Ms. Vaught proffers the following testimony, either through her own 

testimony or defense witnesses:

A. Ms. Vaught believed that the moderation rules that she applied and 

enforced were designed to ensure that Backpage remained compliant with 

the law. While she did not receive direct legal advice regarding her work 

at Backpage, she observed Backpage engage several lawyers to advise 

Backpage on its moderation practices. For example, Ms. Vaught observed

that Attorney Liz McDougall was hired, at least in part, to advise Backpage 

about moderation. Ms. Vaught believed that, if a lawyer was directing 

Backpage regarding its moderation practices, then Backpage was 

compliant with the law. 

Joy Bertrand, Esq.

PO Box 2734

Scottsdale, Arizona 85252-2734

Telephone: 602-374-5321

Fax: 480-361-4694

joyous@mailbag.com

www.joybertrandlaw.com

Arizona State Bar No. 024181

ATTORNEY FOR: DEFENDANT JOYE VAUGHT

Case 2:18-cr-00422-DJH Document 1889 Filed 10/22/23 Page 1 of 3
Page 2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

B. Ms. Vaught knew about the Western District of Washington grand 

jury investigation, because she was required to testify before that grand 

jury. When the Government did not charge her or Backpage as a result of 

that investigation, Ms. Vaught believed that Backpage was operating 

lawfully. 

C. Ms. Vaught was encouraged by Attorney Liz McDougall to work 

with law enforcement and to attend conferences and trainings with law 

enforcement. This encouragement from a lawyer hired by Ms. Vaught’s 

employer gave Ms. Vaught the belief that the work she did as a moderator 

and then supervisor of moderators was in no way illegal. 

RESPECTFULLY SUBMITTED this 22d day of October, 2023.

s/Joy Bertrand

Joy Bertrand

Attorney for Defendant

Case 2:18-cr-00422-DJH Document 1889 Filed 10/22/23 Page 2 of 3
Page 3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

CERTIFICATE OF SERVICE

On October 22, 2023, I, Joy Bertrand, attorney for the Defendant, filed the 

foregoing with the Arizona District Court’s electronic filing system. Based on 

my training and experience with electronic filing in the federal courts, it is my 

understanding that a copy of this pleading will be electronically served upon 

opposing counsel and co-defendants’ counsel, upon its submission to the Court. 

Respectfully submitted this 22d day of October, 2023.

s/Joy Bertrand

Joy Bertrand

Attorney for Defendant

Case 2:18-cr-00422-DJH Document 1889 Filed 10/22/23 Page 3 of 3
# Fourth Court of **Appeals**

**San Antonio, Texas**

July 31, 2014

N o. 04

- 14

- 00313

- CV

IN THE INTEREST OF M.H

.,

From the 408th Judicial District Court, Bexar County, Texas

Trial Court No. 2009

- CI

- 15779

Honorable John D. Gabriel, Jr., Judge Presiding



### ORDER

The Appell ee ’ s Second Motion to Extend Deadline to Respond to Motion for Rehearing

is GRANTED. The appellee ’ s response is due on August 11, 2014.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on t his 31st day of July, 2014

.

___________________________________ Keith E. Hottle

Clerk of Court
EXHIBIT 12

COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES (Dollar Amounts In
Thousands)

|                                     |  |  |   |         |  
|------------------------------------ |  |  | - | ------- | -
|                                     |  |  |   | 2003    |  
|                                     |  |  |   |         |  
|EARNINGS                             |  | 
|Pre-tax income (loss)                |  |  | $ | (67,746 | )
|Fixed charges                        |  |  |   | 11,205  |  
|                                     |  |  |   |         |  
|Total                                |  |  | $ | (56,541 | )
|                                     |  |  |   |         |  
|FIXED CHARGES                        |  | 
|Interest expense and amortization of |  | 
|debt discount and premium on all     |  | 
|indebtedness                         |  |  | $ | 9,887   |  
|Interest portion of rental expense   |  |  |   | 1,318   |  
|                                     |  |  |   |         |  
|Total fixed charges                  |  |  | $ | 11,205  |  
|                                     |  |  |   |         |  
|Ratio of earnings to fixed           |  | 
|charges                              |  |  |   | (A)     |  

|(A) |  | Earnings
were insufficient to cover fixed charges by $67.7 million in 2003.
|--- |  | ---------------------------------------------------------------------------

|(B) |  | Earnings
were insufficient to cover fixed charges by $79.2 million in 2002.
|--- |  | ---------------------------------------------------------------------------

|(C) |  | Earnings
were insufficient to cover fixed charges by $4.4 million in 2001.
|--- |  | --------------------------------------------------------------------------

---
---

Exhibit 31.1

CERTIFICATIONS

I, Joe Loeppky, certify that:

1.          
I have reviewed this quarterly report on Form 10-QSB of Search By Headlines.com
Corp.;

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
small business issuer as of, and for, the periods presented in this quarterly
report;

4.          
I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
small business issuer and I have:

a)         
 designed such disclosure controls and procedures to ensure that material
information relating to the small business issuer, including its consolidated
subsidiaries, 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 small business issuer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 small business issuers
internal control over financial reporting that occurred during the small
business issuers most recent fiscal quarter that has materially affected, or is
reasonably likely to materially affect, the small business issuers internal
control over financial reporting.

5.         
 I have disclosed, based on my most recent evaluation of internal controls
over financial reporting, to the small business issuers auditors and the audit
committee of the small business issuers board of directors (or persons
performing the equivalent functions):

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 small business issuer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 small business issuers internal control over
financial reporting.

Date: March 16, 2007

/s/ Joe
LoeppkyJoe
Loeppky, President, Secretary, Treasurer and Director (Principal Executive
Officer, Principal Financial Officer and Principal Accounting Officer)

---
<PAGE>

                                                                     EXHIBIT 4.1
                                                                     -----------



                           CERTIFICATE OF AMENDMENT
                                      OF
                             AMENDED AND RESTATED
                         CERTIFICATE OF INCORPORATION
                                      OF
                         SEACHANGE INTERNATIONAL, INC.


     SeaChange International, Inc. (the "Corporation"), a corporation organized
and existing under and by virtue of the General Corporation Law of the State of
Delaware, DOES HEREBY CERTIFY:

FIRST:    That the Board of Directors of the Corporation adopted resolutions
          proposing and declaring advisable the following amendments to the
          Amended and Restated Certificate of Incorporation of the Corporation:

          RESOLVED:  That the first paragraph of Article FOURTH of the
                     Corporation's Amended and Restated Certificate of
                     Incorporation as amended to date shall be amended to read
                     in its entirety as follows:

               "FOURTH.  The total number of shares of all classes of capital
                ------
          stock which the Corporation shall have authority to issue is
          105,000,000 shares, consisting of 100,000,000 shares of Common Stock
          with a par value of $.01 per share (the "Common Stock") and 5,000,000
          shares of Preferred Stock with a par value of $.01 per share (the
          "Preferred Stock").

SECOND:   The foregoing amendment to the Amended and Restated Certificate of
          Incorporation of the Corporation was duly adopted by vote of the
          stockholders of the Corporation in accordance with the applicable
          provisions of Section 242 of the General Corporation Law of the State
          of Delaware.

                 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
<PAGE>

     IN WITNESS WHEREOF, the Corporation has caused this Certificate of
Amendment to be executed by William C. Styslinger, III, its President, this 24th
day of May, 2000.


                                   By: /s/ William C. Styslinger, III
                                       -----------------------------------
                                       William C. Styslinger, III
                                       President
[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Notices]
[Page 31558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15782]



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


NATIONAL SCIENCE FOUNDATION

 Special Emphasis Panel in Networking & Communications Research & 
Infrastructure; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting.


    Name: Special Emphasis Panel in Networking and Communications 
Research and Infrastructure (#1207).
    Date and Time: June 10-11, 1996; 8:30 a.m. to 5:00 p.m.
    Place: Room 1175.
    Type of Meeting: Closed.
    Contact Person(s): Mark Luker, CISE/NCRI, Room 1175, National 
Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, 703-
306-1950.
    Purpose of Meeting: The Network Access Point/Routing Arbiters 
(NAP/RA) Reverse Site Visit is to provide advice and recommendations 
concerning proposals submitted to NSF for financial support.
    Agenda: To review and evaluate Network Access Point/Routing 
Arbiters (NAP/RA) proposals as part of the selection process for 
continuing awards.
    Reason for Closing: The meeting is closed to the public because 
the panel is reviewing proposal actions that will include privileged 
intellectual property and personal information that could harm 
individuals if they were disclosed. If discussions were open to the 
public, these matters are exempt under 5 U.S.C. 552b(c), (4) and (6) 
of the Government in the Sunshine Act.

    Dated: June 17, 1996.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 96-15782 Filed 6-19-96; 8:45 am]
BILLING CODE 7555-01-M
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

Bruce Feder (AZ Bar No. 004832)

FEDER LAW OFFICE PA

2930 E. Camelback Road, Suite 160

Phoenix, Arizona 85016

Telephone: (602) 257-0135

bf@federlawpa.com

Knapp Counsel for Scott Spear

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA 

United States of America,

Plaintiff,

vs.

Scott Spear, et al., 

 

Defendants.

Case No. CR18-00422-PHX-DJH-003

NOTICE OF APPEARANCE 

AS KNAPP COUNSEL 

(Assigned to the Hon. Diane J. Humetewa) 

Bruce Feder, the undersigned attorney, hereby enters his appearance as Knapp

Counsel in the above-captioned matter, on behalf of Defendant Scott Spear, for all future 

proceedings in this matter.

RESPECTFULLY SUBMITTED this 25th day of January, 2023.

FEDER LAW OFFICE, P.A.

By: s/ Bruce Feder

Bruce Feder

Knapp Counsel for Scott Spear

Case 2:18-cr-00422-DJH Document 1523 Filed 01/25/23 Page 1 of 2
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

CERTIFICATE OF SERVICE 

I hereby certify that on January 25, 2023, I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECF System for filing and transmittal of 

a Notice of Electronic Filing to the CM/ECF registrants who have entered their 

appearance as counsel of record. 

Clerk of the Court

United States District Court

Sandra Day O’Connor U.S. Courthouse

401 W. Washington Street

Phoenix, AZ 85003

Efiling: https://ecf.azd.uscourts.gov/cgi-bin/login.pl

THE HONORABLE DIANE J. HUMETEWA

United States District Court

Email: Humetewa_chambers@azd.uscourts.gov

Erin E. McCampbell, emccampbell@lglaw.com

Ariel A. Neuman, aan@birdmarella.com

Paul J. Cambria, pcambria@lglaw.com

Gary S. Lincenberg, glincenberg@birdmarella.com

Gopi K. Panchapakesan, gpanchapakesan@birdmarella.com

David S. Eisenberg, david@deisenbergplc.com

Joy Malby Bertrand, Joy.Bertrand@gmail.com

Eric Kessler, eric@kesslerlawgroup.net

Tim Eckstein, teckstein@omlaw.com

Joe Roth, jroth@omlaw.com

Attorneys for Defendants

Kevin Rapp, Kevin.Rapp@usdoj.gov

Andrew Stone, Andrew.Stone@usdoj.gov

Margaret Perlmeter, Margaret.Perlmeter@usdoj.gov

Daniel Boyle, Daniel.Boyle2@usdoj.gov

Austin Berry, Austin.Berry2@usdoj.gov

Peter Kozinets, Peter.Kozinets@usdoj.gov

Attorneys for United States of America

By: /s/ M. Evans 

Case 2:18-cr-00422-DJH Document 1523 Filed 01/25/23 Page 2 of 2
H. Res. 878 

In the House of Representatives, U. S., 

November 5, 2009. 

Whereas National Family Literacy Day is held on November 

1; 

Whereas children spend 5 times as much time outside the 

classroom as they do in school, and a parent’s education 

and income are 2 of the biggest factors in determining 

a child’s success in school; 

Whereas children who participate in family literacy programs 

demonstrate significant gains in oral language skills and 

score higher on standardized tests; 

Whereas National Family Literacy Day encourages parents 

to become involved in their children’s education and 

schoolwork; 

Whereas approximately 8,000 literacy programs and schools 

will hold readings, workshops, book drives, and family activities at libraries and community centers across the 

country in honor of National Family Literacy Day; and 

Whereas National Family Literacy Day highlights 

multigenerational learning, the importance of literacy for 

children and adults, and parental involvement in the education of their children: Now, therefore, be it 

Resolved, That the House of Representatives— 
2 

•HRES 878 EH 

(1) supports the goals and ideals of National Family Literacy Day; and 

(2) recognizes the benefits of parental involvement 

in a child’s education. 

Attest: 

Clerk.