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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

GUSTAVO DE LA CRUZ-HERNANDEZ, 

Defendant-Appellant.

No. 18-10003 

D.C. No. 4:17-cr-00132-JAS

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

James Alan Soto, District Judge, Presiding

Submitted August 15, 2018**

Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges. 

Gustavo De La Cruz-Hernandez appeals from the district court’s judgment 

and challenges his guilty-plea conviction and 46-month sentence for smuggling of 

goods from the United States, in violation of 18 U.S.C. § 554(a). Pursuant to 

Anders v. California, 386 U.S. 738 (1967), De La Cruz-Hernandez’s counsel has 

 

* 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 20 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 18-10003 

filed a brief stating that there are no grounds for relief, along with a motion to 

withdraw as counsel of record. We have provided De La Cruz-Hernandez the 

opportunity to file a pro se supplemental brief. No pro se supplemental brief or 

answering brief has been filed. 

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 

75, 80 (1988), discloses no arguable grounds for relief on direct appeal. 

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.
Exhibit 31.4

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 13(a) OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

AS ADOPTED PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Laureen DeBuono, certify that:



|1. | I have reviewed this Amendment No. 1 on Form 10-K/A to the Annual Report on Form 10-K of Thermage, Inc; and
|-- | -----------------------------------------------------------------------------------------------------------



|2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period covered by this report.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                         |  | 
|-------------------- |  |  |  | ----------------------- |  | 
|Date: April 30, 2007 |  |  |  |                         |  | 
|                     |  |  | 
|                     |  |  |  | /s/ Laureen DeBuono     |  | 
|                     |  |  |  | Laureen DeBuono         |  | 
|                     |  |  |  | Chief Financial Officer |  |
eku 

Pickering6 

J. 

Saitta 

J. 

Edwards v. State, 112 Nev. 704, 708, 918 P.2d 321, 324 (1996). 

Therefore, without considering the merits of any of the claims raised in 

the motion, we conclude that the district court did not err in denying the 

motion. Accordingly, we 

ORDER the judgment of the district court AFFIRMED. 3 

cc: Hon. Elissa F. Cadish, District Judge 

Gregory Scott Hermanski 

Attorney General/Carson City 

Attorney General/Las Vegas 

Clark County District Attorney 

Eighth District Court Clerk 

3We have reviewed all documents that appellant has submitted in 

proper person to the clerk of this court in this matter, and we conclude 

that no relief based upon those submissions is warranted. To the extent 

that appellant has attempted to present claims or facts in those 

submissions which were not previously presented in the proceedings 

below, we have declined to consider them in the first instance. 

SUPREME COURT 

OF 

NEVADA 2 

(0) 1947A e
* 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 5TH CIR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED March 14, 2007 Charles R. Fulbruge III Clerk UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

No. 05-11087 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CARLOS MAURICIO ORDUNO-GOMEZ, also known as Carlos Mauricio Orduno Gomez, also known as Carlos Oruno, also known as Christian Cardoza, Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas

(4:05-CR-28-ALL) Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM: * Carlos Mauricio Orduno-Gomez appeals his guilty-plea conviction and subsequent sentence for illegal reentry. Orduno’s constitutional challenge to 8 U.S.C. § 1326(b) is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although Orduno contends Almendarez-Torres was incorrectly decided and a majority of the Supreme Court would overrule it in2

the light of Apprendi v. New Jersey , 530 U.S. 466 (2000), we have repeatedly rejected such contentions because Almendarez-Torres remains binding. See, e.g. , United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). Orduno properly concedes his claim is foreclosed in the light of Almendarez-Torres and circuit precedent; he raises it only to preserve it for further review. The district court erred in enhancing Orduno ’s sentence pursuant to U.S.S.G. § 2L1.2(b(1)(C) by determining his state conviction for simple possession of a controlled substance was an “aggravated felony”. See Uni ted States v. Estrada-Mendoza , __F.3d__, No. 05-41627, 2007 WL 6583, *2 (5th Cir. 3 Jan. 2007). Consequently, Orduno’s sentence is vacated and this matter remanded for resentencing. Id. Accordingly, we need not reach his claim, raised for the first time on appeal, that restricting the U.S.S.G. § 5K3.1 earlydisposition program to certain geographical locations violated his due-process and equal-protection rights. See United States v. Akpan , 407 F.3d 360, 377 n.62 (5th Cir. 2005). CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING
#### LEXINGTON LAMP PLANT-G. E., Appellant, v. Rissie C. TIMMINS and Workmen’s Compensation Board, Appellees.

Court of Appeals of Kentucky.

April 20, 1973.

J. Peter Cassidy, Jr., Moloney & Molon-ey, Lexington, for appellant.

Alvin B. Trigg, Wallace, Turner & Trigg, Lexington, for appellees.

Memorandum Opinion by

Justice OSBORNE,

Reversing.*
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
      ( print page 53704)    
*Name of Committee:*                         Center for Inherited Disease Research Access Committee.                    

*Date:*                         September 14, 2010.                    

*Time:*                         11:30 a.m. to 12:30 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 5635 Fishers Lane, Suite 4069, Bethesda, MD 20892, (Telephone Conference Call)                    

*Contact Person:*                         Ken D. Nakamura, PhD, Scientific Review Officer, Scientific Review Branch, National Human Genome Research Institute, National Institutes of Health, 5635 Fishers Lane, Suite 4076, MSC 9306, Rockville, MD 20852, 301-402-0838.                    

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.172, Human Genome Research, National Institutes of Health, HHS)

Dated: August 26, 2010.

Jennifer S. Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-21819 Filed 8-31-10; 8:45 am]

BILLING CODE 4140-01-P
Date,Total,Households,Business,State and local govts.,Federal
2000,5.0,9.1,9.3,1.4,-8.0
2001,6.3,9.6,5.7,8.8,-0.2
2002,7.4,10.8,2.8,11.1,7.6
2003,8.1,11.8,2.3,8.3,10.9
2004,8.8,11.0,6.2,7.3,9.0
2005,9.5,11.1,8.7,10.2,7.0
2006,9.0,10.1,10.6,8.3,3.9
2007,8.7,6.7,13.1,9.5,4.9
2008,6.0,0.3,5.4,2.1,24.2
2009,3.1,-1.7,-2.5,4.8,22.7
2009Q1,3.8,-1.2,-0.7,4.7,22.6
2009Q2,4.3,-1.6,-2.9,4.0,28.2
2009Q3,2.7,-2.5,-3.0,5.6,20.6
2009Q4,1.3,-1.6,-3.5,4.6,12.6
2010Q1,3.5,-2.4,0.0,4.3,18.5
#### Billy Wayne McCARTER, Appellant, v. The STATE of Texas, Appellee.

No. 45753.

Court of Criminal Appeals of Texas.

Nov. 1, 1972.

George R. Milner, Dallas, for appellant.

Henry Wade, Dist. Atty., James B. Scott, Asst. Dist. Atty., Dallas, Jim D. Vollers, State’s Atty., and Robert A. Hut-tash, Asst. State’s Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery; the punishment, forty (40) years.

The State has filed a motion to dismiss this appeal together with the uncontrovert-ed affidavit of Dallas County Sheriff Clarence Jones which shows that appellant escaped from custody on August 13, 1972, while his appeal was pending before the court and did not voluntarily return to custody within ten days.

Article 44.09, Vernon’s Ann.C.C.P., divests this court of jurisdiction under these circumstances.

The State’s motion to dismiss the appeal is granted and the appeal is dismissed. Articles 44.10, 44.11, V.A.C.C.P.; Holliday v. State, Tex.Cr.App., 482 S.W.2d 215; Cuevas v. State, Tex.Cr.App., 467 S.W.2d 421.
#### STATE OF NEW JERSEY v. JOSEPH COSTA, JOHN DEL MAURO & JOHN CUFF.

May 6, 1985.

Petition for certification denied.
Exhibit 12.0

PFGI Capital Corporation

Computation of Ratio of
Earnings to Fixed Charges

(Unaudited)



|                                   |  |                                 |        |      |   |        |  |      |        |      |   |        |  |   |       
|---------------------------------- |  | ------------------------------- | ------ | ---- | - | ------ |  | ---- | ------ | ---- | - | ------ |  | - | ------
|                                   |  | For the Year Ended December 31,
|(Dollars in Thousands)             |  | 2009                            |        | 2008 |   | 2007   |  | 2006 |        | 2005
|Income before income tax expense   |  | $                               | 6,211  |      | $ | 17,360 |  | $    | 19,958 |      | $ | 19,186 |  | $ | 18,894
|Fixed charges                      |  |                                 | 7,654  |      |   | 7,654  |  |      | 7,654  |      |   | 7,654  |  |   | 10,333
|Total income for computation       |  |                                 | 13,865 |      |   | 25,014 |  |      | 27,612 |      |   | 26,840 |  |   | 29,227
|Total fixed charges                |  |                                 | 7,654  |      |   | 7,654  |  |      | 7,654  |      |   | 7,654  |  |   | 10,333
|Ratio of Earnings to fixed charges |  |                                 | 1.81x  |      |   | 3.27x  |  |      | 3.61x  |      |   | 3.51x  |  |   | 2.83x 
|Components of Fixed Charges        |  |                                 |        |      |   |        |  |      |        |      |   |        |  |   |       
|Preferred stock dividends          |  |                                 | 7,654  |      |   | 7,654  |  |      | 7,654  |      |   | 7,654  |  |   | 10,333
<PAGE>

                                                                    Exhibit 23.1

                        Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statement Form
S-8 pertaining to the Triad Hospitals, Inc. Employee Stock Purchase Plan, Triad
Hospitals, Inc. Retirement Savings Plan, Triad Hospitals, Inc. Management Stock
Purchase Plan, and Triad Hospitals, Inc. 1999 Long-Term Incentive Plan of our
report dated February 14, 2001 with respect to the consolidated balance sheets
of Triad Hospitals Inc. as of December 31, 2000 and 1999 and the related
consolidated statements of operations, equity and cash flows for each of the
three years in the period ended December 31, 2000, included in the Form 10-K for
the year ended December 31, 2000.



Dallas, Texas
February 14, 2001
Exhibit 10.7

 

This is a translation of the original text in Chinese

 

Power of Attorney

 

Zou Shenglong, as a shareholder of Shenzhen Xunlei Networking Technologies Co., Ltd. (“Shenzhen Xunlei”), holds 76% equity interest in Shenzhen Xunlei in total. I, Zou Shenglong, agree to assign all of the rights I have as the shareholder of 76% equity interests in Shenzhen Xunlei to Giganology (Shenzhen) Ltd. (“Giganology”), and hereby irrevocably grant the following rights to the authorized person for its performance during the term of this Power of Attorney:

 

I hereby authorize the authorized person to perform, on my behalf, all the rights I originally have as the shareholder of 76% equity interests in Shenzhen Xunlei in accordance with laws and the articles of association of Shenzhen Xunlei, including without limitation, the right to convene a shareholders meeting, to accept any notice regarding convening a shareholders meeting and the agenda, to attend the shareholders meeting of Shenzhen Xunlei and exercise all the voting rights as a shareholder of 76% equity interest (including, as my authorized representative, to nominate and appoint the directors, general manager, financial director and other senior management of Shenzhen Xunlei at the shareholders meeting of Shenzhen Xunlei, as well as making decision regarding the distribution of dividends), and to sell or assign the 76% equity interests held by me in Shenzhen Xunlei, and so forth.

 

The authorized person has the right to appoint any individual nominated by its board of directors (or executive directors) to perform the rights granted by me hereunder.

 

Unless the Business Operation Agreement entered into by Giganology, Shenzhen Xunlei, Zou Shenglong, Cheng Hao, Wang Fang, Shi Jianming, and Guangzhou Shulian Information Investment Co., Ltd. is terminated early for any reason, the term of this Power of Attorney is ten (10) years commencing from the date hereof. As of the expiry of this Power of Attorney, I will extend the term of this Power of Attorney at the request of Giganology.

 

[Remainder of this page intentionally left blank.]

 

1











 

	
[Execution   page of the Power of Attorney]
    	
 
    
	
 
    	
 
    
	
 
    	
 
    
	
Authorizer:
    	
 
    
	
 
    	
 
    
	
Zou Shenglong
    	
 
    
	
 
    	
 
    
	
By:
    	
/s/ Zou   Shenglong
    	
 
    
	
 
    	
 
    	
 
    
	
Date:
    	
May 10, 2011
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    
	
Authorized Person:
    	
 
    
	
 
    	
 
    
	
Giganology   (Shenzhen) Ltd.
    	
 
    
	
 
    	
 
    
	
By:
    	
/s/ Legal   Representative/Authorized Representative
    	
 
    
	
 
    	
 
    	
 
    
	
(Affixed with   common seal of the company)
    	
 
    
	
 
    	
 
    
	
Date:
    	
May 10, 2011
    	
 
    


 

2
#### DONALDSON v. DONALDSON

No. 391P00

Case below: 139 N.C. App. 206

Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 20 December 2000.
**EXHIBIT 32.1**
 
 **Certification of Chief Executive Officer and Chief Financial Officer**
 **Pursuant to 18 U.S.C. Section 1350, as Adopted**
 **Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**
 
  I, Jay O. Wright, certify to the best of my knowledge based upon a review of the Quarterly Report on Form 10-QSB of MobilePro Corp. for the quarter ended September 30, 2004 (the Form 10-Q), that the Form 10-Q fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended, and that information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Mobilepro Corp. for the periods covered by the Form 10-Q.
 ********Date:November 15, 2004
By:
/s/ Jay O. WrightJay O. Wright, Chief Executive Officer
 
 
 I, Kurt Gordon, certify to the best of my knowledge based upon a review of the Quarterly Report on Form 10-QSB of MobilePro Corp. for the quarter ended September 30, 2004 (the Form 10-Q), that the Form 10-Q fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended, and that information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Mobilepro Corp. for the periods covered by the Form 10-Q.
  ********Date:November 15, 2004
By:
/s/ Kurt GordonKurt Gordon, Chief Financial Officer
**EXHIBIT 31.1****CERTIFICATION**I, Gary D. McGaha, certify that:     1. I have reviewed this annual report on Form 10-KSB/A of Southern Community Bancshares,Inc.;     2. Based on my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this annual report;     3. Based on my knowledge, the financial statements, and other financial information includedin this annual report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this annualreport;     4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and have:     a) Designated such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;     b) [Omitted pursuant to SEC Release Nos. 33-8238 and 34-47986]     c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and     d) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the small business issuer’s most recent fiscal quarter (theregistrant’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 financialreporting; and     5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’s auditors andthe audit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):     a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’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 asignificant role in the registrant’s internal control over financial reporting.Date: November 15, 2005            /s/ Gary D. McGaha         Gary D. McGaha    Principal Executive Officer
Exhibit 13.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

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

(18 U.S.C. SECTION 1350)

In
connection with the Annual Report on Form 20-F of Gold Fields Limited (the Company) for the period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report),
I, Nicholas J. Holland, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|1 | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|- | ---------------------------------------------------------------------------------------------------------------------



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

Date: December 7, 2007



|                                           
|-------------------------------------------
|/s/ Nicholas J. Holland                    
|Nicholas J. Holland Chief Financial
Officer
<PAGE>

                                                                    Exhibit 23.3




        Consent of PricewaterhouseCoopers LLP, Independent Accountants


       We hereby consent to the incorporation by reference in this Amendment No.
1 to the Registration Statement on Form S-3 (No. 333-60134) of CSX Corporation
of our report dated January 19, 1999 relating to the consolidated statements of
income, of stockholders' equity and of cash flows of Conrail Inc. and
subsidiaries for the year ended December 31, 1998, which appears in the Annual
Report on Form 10-K of CSX Corporation for the fiscal year ended December 29,
2000. We also consent to the reference to us under the heading "Experts" in such
Registration Statement.

/s/ PricewaterhouseCoopers LLP

PRICEWATERHOUSECOOPERS LLP
Philadelphia, Pennsylvania
May 14, 2001