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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ISMAEL MENDOSA-HERNANDEZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 12-71594

Agency No. A091-009-873

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 15, 2013** 

Before: FISHER, GOULD, and BYBEE, Circuit Judges.

Ismael Mendosa-Hernandez, a native and citizen of Mexico, petitions for

review of an order of the Board of Immigration Appeals (“BIA”) dismissing his

appeal from an immigration judge’s decision denying his application for

cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We

FILED

OCT 25 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * 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).
review de novo questions of law. Banuelos-Ayon v. Holder, 611 F.3d 1080, 1082

(9th Cir. 2010). We deny in part and dismiss in part the petition for review.

The BIA correctly concluded that each of Mendosa-Hernandez’s 2007 and

2010 convictions under California Penal Code § 273.5(a), which resulted in 5- and

3-year prison sentences, respectively, constitutes an aggravated-felony crime of

violence under 8 U.S.C. § 1101(a)(43)(F) that renders him statutorily ineligible to

seek cancellation of removal. See 8 U.S.C. § 1229b(a)(3); see also Banuelos-Ayon,

611 F.3d at 1083 (“[A] conviction under California Penal Code § 273.5(a) is

categorically a crime of violence . . . .”).

We must reject Mendosa-Hernandez’s challenge to this court’s decision in

Banuelos-Ayon. See Aragyan v. Holder, 646 F.3d 672, 677 (9th Cir. 2011) (“A

three-judge panel [generally] cannot reconsider or overrule circuit

precedent . . . .”); see also BMW of N. Am., Inc. v. Gore, 517 U.S. 559, 577 (1996)

(“[O]nly state courts may authoritatively construe state statutes.”).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

2 12-71594
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

Hubert E. Seaton, Jr., Appellant

No. 06-19-00226-CR v.

The State of Texas, Appellee

Appeal from the County Court at Law No. 1 

of Smith County, Texas (Tr. Ct. No. 001-

80908-17). Memorandum Opinion 

delivered by Justice Burgess, Chief Justice 

Morriss and Justice Stevens participating.

As stated in the Court’s opinion of this date, we find that the appeal should be dismissed 

for want of jurisdiction. Therefore, we dismiss the appeal.

We note that the appellant, Hubert E. Seaton, Jr., has adequately indicated his inability to 

pay costs of appeal. Therefore, we waive payment of costs.

RENDERED DECEMBER 5, 2019

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2373 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2373

  To authorize the appropriation of funds to the Centers for Disease 
    Control and Prevention for conducting or supporting research on 
              firearms safety or gun violence prevention.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2014

 Mr. Markey (for himself, Mr. Schatz, Mrs. Gillibrand, and Ms. Warren) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
  To authorize the appropriation of funds to the Centers for Disease 
    Control and Prevention for conducting or supporting research on 
              firearms safety or gun violence prevention.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FUNDING FOR RESEARCH BY CDC ON FIREARMS SAFETY OR GUN 
              VIOLENCE PREVENTION.

    There is authorized to be appropriated to the Centers for Disease 
Control and Prevention $10,000,000 for each of fiscal years 2015 
through 2020 for the purpose of conducting or supporting research on 
firearms safety or gun violence prevention under the Public Health 
Service Act (42 U.S.C. 201 et seq.). The amount authorized to be 
appropriated by the preceding sentence is in addition to any other 
amounts authorized to be appropriated for such purpose.
                                 <all>
```
Exhibit 35.1

[First Republic Bank Logo]

Feb 29, 2016

Servicer Compliance Statement

For SEMT 2011-1 (see Schedule A)

The undersigned, a duly authorized officer of First Republic Bank (the Servicer), does hereby certify that:



| | (i) | a review of the Servicers activities during the reporting period from January 1, 2015 through December 31, 2015 and of its performance under the Agreement (as defined on Schedule A attached hereto) from the above
referenced trust during such period has been made under such officers supervision, and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | to the best of such officers knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement in all material respects throughout such reporting period.
| | ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



First Republic BankBy:

/s/ Lionel AntunesName:

Lionel AntunesTitle:

Vice President of Residential LendingDate:

Feb. 29, 2016




---

<for SEMT 2011-1>

SCHEDULE A



| | 1. | Flow Mortgage Loan Sale and Servicing Agreement dated as of July 1, 2010, between Redwood Residential Acquisition Corporation and First Republic Bank, as modified by the Reconstitution Agreement dated March 1, 2011 (the
Agreement).
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
News United States Air Force
 Officials announce 12 OAY Award winners for 2017Published July 7, 2017
                        
                        By Staff Sgt. Alexx Pons
                        
                        
                        Air Force Personnel Center Public Affairs
                **JOINT BASE SAN ANTONIO-RANDOLPH, Texas (AFNS)  --**
                Air Force officials have named the service's top enlisted members, announcing the 12 Outstanding Airmen of the Year for 2017.
An Air Force selection board at the Air Force Personnel Center considered 36 nominees who represented major commands, direct reporting units, field operating agencies and Headquarters Air Force. The board selected the final 12 Airmen based on superior leadership, job performance and personal achievements.**The 12 Outstanding Airmen of the Year for 2017 (listed alphabetically by major command):**
Senior Master Sgt. Raymond T. Artis Jr., Pacific Air Forces
Senior Airman Kaitlyn J. Callahan, Air Force Global Strike Command
Senior Airman Brittany F. Fuentes, Air Mobility Command
Master Sgt. Johann Ko, Air Force Reserve Command
Staff Sgt. Stephen F. Lapointe, Air Force Special Operations Command
Master Sgt. Joshua D. Malyemezian, Air Combat Command
Senior Airman Nicole A. Moore, Air Education and Training Command                            
Tech. Sgt. Jason D. Selberg, Air National Guard
Senior Airman Kacper I. Sovinski, Air Force District of Washington                                             
Master Sgt. Michael J. Stevens, Air Force Materiel Command
Master Sgt. Ashley T. Strong, Air Force Space Command
Staff Sgt. Kyle T. Wilson, United States Air Forces in Europe
The winners are authorized to wear the Outstanding Airman of the Year Ribbon with the bronze service star device on the ribbon. They are also authorized to wear the Outstanding Airman of the Year badge for one year from the date of formal presentation. The remaining 24 nominees will also be authorized wear of the OAYR.
Additional award information and responsibilities are available via myPers. Select “any” from the dropdown menu and search “12 OAY.”
For more information about Air Force personnel programs, go to **myPers**. Individuals who do not have a myPers account can request one by **following these instructions**.USAFE 



ANG 



Pacific Air Forces 



AFMC 



AMC 



AETC 



AFSOC 



AFSC 



AFGSC 



ACC 



AF Reserve Command 



Outstanding Airman of the Year 



OAY Award 



AF District of Washington 



AFPC
Third District Court of Appeal

State of Florida

Opinion filed July 5, 2018.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D17-1678

Lower Tribunal No. 15-10254

________________

Jose Diaz,

Appellant,

vs.

Lino Calvo,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Jorge E.

Cueto, Judge.

Cohen Law and Danielle A. Cohen Higgins, for appellant.

Waldman Barnett and Glen H. Waldman and Michael A. Azre, for

appellee.

Before SALTER, EMAS and LOGUE, JJ.

SALTER, J.
Jose R. Diaz Duahajre (“Mr. Diaz”) appeals a final default judgment

for $319,252.95 in trebled damages for civil theft, lesser amounts on other

causes of action that are partially duplicative of the civil theft award, and

prejudgment interest. We affirm the final judgment in all significant

respects, but remand for the ministerial correction of a $21.00 error in

computation. 

Clear and convincing evidence supported the trial court’s decision to

strike Mr. Diaz’s defenses and enter a default. Mr. Diaz was shown to have

threatened a key witness and to have attempted to extort the witness into

false testimony. The trial court’s power to impose these extreme sanctions

“is indispensable to the proper administration of justice, because no litigant

has a right to trifle with the courts.” Ramey v. Haverty Furniture Cos., Inc.,

993 So. 2d 1014, 1018 (Fla. 2d DCA 2008) (quoting Tri Star Invs., Inc. v.

Miele, 407 So. 2d 292, 293 (Fla. 2d DCA 1981) (recognizing that the power

should be exercised cautiously and sparingly). See also Willie-Koonce v.

Miami Sunshine Transfer & Tours Corp., 233 So. 3d 1271 (Fla. 3d DCA

2017).

Addressing Mr. Diaz’s arguments that the damages claimed by the

appellee should have been characterized as unliquidated rather than

liquidated, we disagree. The underlying civil theft count claimed

2
“$106,410.65 (71,500 euros)” in liquidated damages before trebling,

itemized for each of three transactions. “Where a default is entered, the

defaulting party admits entitlement to liquidated damages, but not

unliquidated damages. Cellular Warehouse[, Inc. v. GH Cellular, LLC], 957

So. 2d [662,] 666 [(Fla. 3d DCA 2007)]. Damages are liquidated when the

exact amount due may be determined from the pleadings.” 1445

Washington Ltd. P’ship v. Lemontag, 19 So. 3d 1079, 1081 (Fla. 3d DCA

2009). Before entry of the final default judgment, the appellee filed a notice

that he would not seek or obtain any unliquidated damages on the counts of

the complaint which did not specify an exact amount.

Trebling the “exact amount” specified in the civil theft count of the

appellee’s complaint produces a total of $319,231.95, rather than the

$319,252.95 figure included within the final default judgment. For this

reason, we remand the case to the trial court for the ministerial purpose of

making the correction (and any necessary adjustment to the amount of

prejudgment interest computed in the final judgment) and amending the

judgment accordingly. In all other respects, we affirm the judgment. 

3
No. 12,228.

#### Harlan *v.*Jones.

*Taxes.*— Lien *for Taxes Paid while Holding*Title.— *Volunteer.*— One who, while holding the title to real estate under a sheriff’s sale, redeems it from a tax sale, and also pays other taxes thereon, may, where such sheriff’s sale is set aside, enforce a lien for the taxes paid, as he can not he deemed a volunteer.

From the Tipton Circuit Court.

*N. R. Linsday*and *J. W. Kern,*for appellant.

*J. W. Robinson,*for appellee.

Elliott, J.

The material allegations of the appellee’s complaint are these: Creditors of Joshua K. Harlan obtained judgments against him, and also obtained a decree declaring that a conveyance to his wife, the appellant, of the land described in the complaint, was fraudulent, and adjudged that it be set aside. On these judgments the land was sold, the appellee purchased it, and subsequently received a deed from the sheriff. A complaint to review the judgment, declaring the conveyance fraudulent, was afterwards filed by the appellant, and she succeeded in having that judgment annulled. The appellee redeemed the land from a tax sale and also paid taxes that accrued upon the land, and this suit was brought to enforce a lien for the taxes paid.

*168Filed Dec. 9, 1885.

The appellant’s counsel contend that the payment of the taxes by the appellee was voluntary. This position is not tenable. The appellee had color of title, and, indeed, as long as the judgment declaring the land to be subject to sale on the executions against Joshua K. Harlan stood unreversed, he-had a valid title. He can not, therefore, be deemed a mere volunteer. He did not pay the taxes for the purpose of making himself the creditor of the appellant, but for the purpose of protecting from sale land to which it had been adjudged by a court of general/jurisdiction the appellant had no title. In no just sense can the appellee be regarded as a volunteer, seeking to make another his debtor. We have no doubt that the appellee has a right to enforce a lien for the taxes paid by him.

Judgment affirmed.
Order entered October 1 8 , 2017

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 17

- 00600

- CV

BMW OF NORTH AMERICA , LLC, Appellant

V.

CANDACE GUNN, ADMINS TRATRIX OF THE ESTAT E OF GA RY DON GUNN, SR., Appellee

On Appeal from the Probate Court No. 2

Dallas County, Texas Trial Court Cause No. PR

- 16

- 03004

- 2



### O RDER

Before the Court is appellee’s October 13, 2017 motion to extend time to file appellee’s

brief. We GRANT the motion and exte nd the time to Novemb er 15, 2017. Further requests for
extension in this accelerated appeal will be disfavored.

/s/ CAROLYN WRIGHT CHIEF JUSTICE
No. 87-6323.

#### Moline *v.*United States.

C. A. 9th Cir. Certiorari denied.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

INTERSTATE INTRINSIC VALUE )

FUND A, LLC, )

)

 )

)

Appellant, )

)

v. ) Case No. 2D17-1908 

)

MATTHEW GARRY; JENNIFER )

GARRY; and BEACON WOODS CIVIC )

ASSOCIATION, INC., )

)

Appellees. )

)

Opinion filed March 21, 2018.

Appeal from the Circuit Court for Pasco 

County; Kimberly Sharp Byrd, Judge.

Jason L. Duggar of Sirote & Permutt, P.C., 

Fort Lauderdale, for Appellant.

Robert E. Biasotti of Biasotti Law, St. 

Petersburg, for Appellees Matthew Garry 

and Jennifer Garry.

No appearance for Appellee Beacon Woods

Civic Association, Inc.

PER CURIAM.

Affirmed.
- 2 -

LaROSE, C.J., and NORTHCUTT and BADALAMENTI, JJ., Concur.
II 

113TH CONGRESS 

2D SESSION S. 2671 

To amend title 49, United States Code, to require the Assistant Secretary 

of Homeland Security (Transportation Security Administration) to establish a process for providing expedited and dignified passenger screening 

services for veterans traveling to visit war memorials built and dedicated 

to honor their service, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2014 

Mr. TOOMEY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend title 49, United States Code, to require the Assistant Secretary of Homeland Security (Transportation Security Administration) to establish a process for providing expedited and dignified passenger screening services for veterans traveling to visit war memorials built 

and dedicated to honor their service, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Honor Flight Act’’. 


jbell on DSK4SPTVN1PROD with BILLS
2 

•S 2671 IS

1 SEC. 2. HONOR FLIGHT PROGRAM. 

2 (a) IN GENERAL.—Subchapter I of chapter 449 of 

3 title 49, United States Code, is amended by adding at the 

4 end the following: 

5 ‘‘§ 44928. Honor Flight Program 

6 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se7 curity (Transportation Security Administration) shall es8 tablish, in collaboration with the Honor Flight Network 

9 or other not-for-profit organization that honors veterans, 

10 a process for providing expedited and dignified passenger 

11 screening services for veterans traveling on a flight in 

12 charter air transportation of the Honor Flight Network 

13 or such other organization to visit war memorials built and 

14 dedicated to honor the service of such veterans. 

15 ‘‘(b) VETERAN DEFINED.—In this section, the term 

16 ‘veteran’ has the meaning given that term in section 101 

17 of title 38.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 for chapter 449 of title 49, United States Code, is amend20 ed by inserting after the item relating to section 44927 

21 the following: 

‘‘44928. Honor Flight Program.’’. 

Æ 


jbell on DSK4SPTVN1PROD with BILLS
News United States Air Force
 November enlisted in-system supplemental promotion list releasedPublished Nov. 9, 2017
                        
                        By Kat Bailey
                        
                        
                        Air Force’s Personnel Center Public Affairs
                **JOINT BASE SAN ANTONIO-RANDOLPH, Texas (AFNS) --**
                The Air Force selected 604 Airmen today for promotion via the enlisted in-system supplemental promotion process. 
The in-system supplemental is processed monthly in the Weighted Airman Promotion System to alloweligiblestaff sergeantsthroughsenior master sergeants to compete monthly for promotion consideration ifweighable data changes in their promotion file.
In-system supplemental consideration also applies to Airmen who test after initialpromotionselectionshave been made, deployed Airmen,or anyone who was unable to test during their normal testing window.
The list is available by clicking the “Supplemental Promotion Selects” button on the right side of the Enlisted Promotions page of the public website of the Air Force’s Personnel Center. Prior to posting the list on the public website and myPers, AFPC provided senior raters of senior noncommissioned officer-selects with advanced knowledge of their Airmen’s selection to allow notification through the chain of command.
For more information about Air Force personnel programs, go to myPers. Individuals who do not have a myPers account can request one by following these instructions.AFPC 



MyPers 



promotion 



Supplemental promotion 



WAPS 



Weighted Airman Promotion System 



enlisted matters 



Air Force’s Personnel Center 



force management 



Joint Base San Antonio-Randolph
News United States Air Force
 493rd FS trains during Tactical Leadership Programme 18-4Published Nov. 24, 2018
                        
                        By Senior Airman Malcolm Mayfield
                        
                        
                        48th Fighter Wing Public Affairs
                **AMENDOLA AIR BASE, Italy (AFNS) --**
                F-15C Eagles and an F-15D assigned to the 493rd Fighter Squadron and support personnel from the 48th Fighter Wing, RAF Lakenheath, U.K., are participating in the NATO Tactical Leadership Programme 18-4 at Amendola Air Base, Italy.The multilateral training course focuses on developing tactical air expertise and leadership skills. This event marks the first time the course has been held in Italy, from its normal host location at Albacete AB, Spain. Another welcome first for the course is the participation of Italian F-35s, which will allow for the expansion of fourth and fifth-generation aircraft interoperability. “We are here to train side-by-side with our NATO allies to meet future security challenges as a unified force,” said a 493rd FS flight commander. “We’ll fly about 15 missions that will get tougher and more complex as the course goes on. They are challenging us to create good tactical plans within a short amount of time and execute them.”With over four decades of history, TLP has become the focal point for NATO’s Allied Air Forces tactical training, developing knowledge and leadership skills, necessary to face today's air tactical challenges.Along with the U.S. Air Force, air forces from Italy, Germany, Spain, the Netherlands and Belgium are participating in the training. Training courses like TLP help to enable the NATO alliance by providing an opportunity for NATO partners and allies to work alongside each other in the classroom and in European airspace.“TLP is a tremendous opportunity to strengthen our interoperability as NATO allies,” said Lt. Col. Cody Blake, 493rd FS commander. “The training strengthens our partnerships across the board, and we get the opportunity to train with different platforms and countries to enhance our readiness.”TLP has prepared hundreds of NATO and allied forces’ flight leaders to be mission commanders. Where they learn to lead coalition force air strike packages, instruct allied flying and non-flying personnel in matters related to tactical composite air operations, and provide tactical air expertise to NATO agencies.F-35 



Air Force 



Germany 



Lightning II 



AF 



air base 



NATO 



48th Fighter Wing 



Italy 



RAF Lakenheath 



coalition 



F-15C 



Netherlands 



Spain 



eagle 



Belgium 



skills 



Allies 



493rd FS 



TLP 



Tactical Leadership Programme 



493rd Fighter Squadron 



48th FW 



F-15D 



multilateral training 



Amendola AB
#### STATE OF NEW JERSEY v. JAMES PHILLIP BENNETT AND JOHN MARFOGLIO.

March 4, 1985.

Petition for certification denied.