alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ERIC A,

Pla i ntiff-Appe lle e , v. JOSE LUIS B ER

NAL-ARIAS, De fe nda nt-Appe l la

nt. No. 17-10013

D.C . No. 3:15-c r-00072-R C J M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Distric t of Ne v a da R obe rt C . Jone s, Distric t Judge , Pre siding Subm itte d

Nove m b e r 15, 2017 ** B e fore : C ANB Y, TR OTT, a nd GR A B ER , C irc uit Judge s. Jose Luis B e rna l -Aria s a

ppe a ls from

the distric t c ourt’ s judgm e nt a n d c ha lle nge s the 60-m onth se nte n c e im pose d following his guilty -ple a c onvic tion for c onspira c y

to posse ss with intent to distribute he roin, in viola

tion of 21 U.S.C . §§ 841(a)(1), 841(b)(1)(B )(i), and 846. W e dismiss. 

# FIL ED N OV 17 2017 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by Ninth C irc uit R

ule 36-3.

* * The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).B e rna l-Aria s c h a lle nge s thedistric t c ourt’ s finding tha t he wa s not sa fe ty va lve e ligible , a s we ll a s the distric t c ourt’ s de c i sion to a pply a two-le ve l e nha nc e m e nt for m a inta ining a pre m ise s for the purpose of m anufa c t uring or distributing a

c ontrolle d substa

nc e . The gove rnm e nt c o nte nds tha t thea p pe a l is ba rre d by an a ppe a l wa ive r in thepa

rtie s’ ple a a gre e m e nt. W e re vie w de novo whe the r the a

ppe a l is ba

rre d by a wa ive r. Se eUnite d State s v . Arias-Espinosa , 704 F.3d 616, 618 (9th C ir. 2012). The a ppe a l wa ive r in thepa

rtie s’ ple a a gre e m e nt c ove rs B e rna l-Aria s’ s c la im s, a nd there c o rd re fle c ts tha

t thewa ive r wa s knowing a nd volunta

ry . Se e Unite d State s v . Harris , 628 F.3d 1203, 1205 (9th C ir. 2011). None the le ss, B e rna lAria s a rgue s tha t thedistric t c ourt vitia

t e d the writte n wa ive r at se nte nc ing. This c la im fa ils be c a

use the c ourt’ s sta

te m e nt re ga

rding B e rna l-Aria s’ s right to a ppe a l wa s qua lifie d. Se eArias-Espinosa , 704 F.3d a t 618-20. W e a l so re

je c t B e rna lAria s’ s c a ll to ignore

the a ppe a l wa ive r to pre ve nt a “ m isc a rria ge of justic e .” Eve n a ssuming this c ourt re c ogniz e d suc h an e xc e p tion to the

e nforc e a bility of a n a ppe a l wa ive r, it doe s not a

pply he re . DISM I SSE D.

1 7 - 1 0 0 1 3 2
EXHIBIT 32.1

                  CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                         NATIONAL SUPERSTARS, INC.
                     PURSUANT TO 18 U.S.C. SECTION 1350

     In connection with the Annual Report of National Superstars, Inc. (the
"Company") on Form 10-QSB for the quarter March 31, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Peter
Porath, Chief Executive 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, to the best of my knowledge:

     (1)  The Report fully complies with the requirements of Section 13(a) or
15(d), as applicable, 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.


/s/ Peter Porath
Peter Porath

President, Chief Executive Officer
May 16, 2005
Exhibit 32.1

** **

** **

**Certification of CEO andCFO**

**Pursuant to 18 U.S.C.Section 1350,**

**AsAdopted Pursuant to**

**Section 906 of theSarbanes-Oxley Act of 2002**

 

 

 

In connection with theQuarterly Report on Form 10-Q of Davidson Diversified Real Estate III, L.P. (the"Partnership"), for the quarterly period ended September 30, 2008 as filed withthe Securities and Exchange Commission on the date hereof (the "Report"), MarthaL. Long, as the equivalent of the chief executive officer of the Partnership,and Stephen B. Waters, as the equivalent of the chief financial officer of thePartnership, each hereby certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to thebest of his knowledge:

 

(1)   The Reportfully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)   Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Partnership.

 

 

 

 

This certification isfurnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of2002 and shall not be deemed filed by the Partnership for purposes of Section 18of the Securities Exchange Act of 1934, asamended.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 61 Introduced in House (IH)]

110th CONGRESS
  1st Session
H. CON. RES. 61

Expressing the sense of the Congress that the United States flag flown 
 over the United States Capitol should be lowered to half-mast one day 
 each month in honor of the brave men and women from the United States 
            who have lost their lives in military conflicts.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2007

   Mr. Lincoln Davis of Tennessee submitted the following concurrent 
resolution; which was referred to the Committee on House Administration

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Expressing the sense of the Congress that the United States flag flown 
 over the United States Capitol should be lowered to half-mast one day 
 each month in honor of the brave men and women from the United States 
            who have lost their lives in military conflicts.

Whereas more than 1,000,000 brave men and women from the United States have died 
        in military conflicts from the time of the Revolutionary War through 
        Operation Iraqi Freedom;
Whereas the people of the United States mourn the loss of the brave men and 
        women who have given their lives for this country;
Whereas the United States has not forgotten the sacrifices that brave men and 
        women have made to protect our Nation and our freedom; and
Whereas paying tribute to the brave men and women from the United States who 
        gave their lives for this Nation demonstrates the spirit of patriotism 
        that is the foundation of our great country: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring),  
That it is the sense of the Congress that the United States flag flown 
over the United States Capitol should be lowered to half-mast one day 
each month in honor of the brave men and women from the United States 
who have lost their lives in military conflicts.
                                 <all>
```
#### R. E. Eakin v. J. P. Morris.

(No. 755, Op. Book No. 2, p. 25.)

Appeal from Lamar County.

Opinion by

Quinan, J.

§ 883. *Depositions.*Where the clerk of the district court took the depositions, and addressed the envelope inclosing the same to the district court, instead of to the clerk of the district court, he being the clerk of the court in which the depositions were to be used, it was held that this was not a valid objection to the depositions, and that it was not error to permit them to be read in evidence on the trial.

§ 884. *Contract; remedies upon breach of.*M. executed to E. his promissory note, based upon the consideration that E., who was a dentist practicing his profession in L. county, would cease to practice in that county, and leave the field open to M. E. violated his contract by continuing the practice of dentistry in L. county. *Held,*that M. might have resorted to the remedy of injunction to restrain E. from practicing dentistry in that county, or *506he might treat the contract as at an end and resist the payment of the note by a plea of failure of consideration, and that, upon obtaining a judgment relieving him from the payment of the note, E. would no longer be bound to refrain from the practice of dentistry in L. county. [Foster v. Wells, 4 Tex. 101; Story on Con. §§ 480, 481.]

May 6, 1880.

Affirmed.
III 

110TH CONGRESS 

2D SESSION H. CON. RES. 440 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29 (legislative day, SEPTEMBER 17), 2008 

Received 

CONCURRENT RESOLUTION 

Providing for a conditional adjournment of the House of 

Representatives and a conditional recess or adjournment 

of the Senate. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That when the House adjourns on any legisla3 tive day from Monday, September 29, 2008, through Fri4 day, October 3, 2008, on a motion offered pursuant to 

5 this concurrent resolution by its Majority Leader or his 

6 designee, it stand adjourned until 11 a.m. on Saturday, 

7 January 3, 2009, or until the time of any reassembly 


jbell on PROD1PC69 with BILLS
2 

HCON 440 RDS 

1 pursuant to section 2 of this concurrent resolution, which2 ever occurs first; and that when the Senate recesses or 

3 adjourns on any day from Monday, September 29, 2008, 

4 through Wednesday, December 31, 2008, on a motion of5 fered pursuant to this concurrent resolution by its Major6 ity Leader or his designee, it stand recessed or adjourned 

7 until 11 a.m. on Saturday, January 3, 2009, or until the 

8 time of any reassembly pursuant to section 2 of this con9 current resolution, whichever occurs first. 

10 SEC. 2. The Speaker of the House and the Majority 

11 Leader of the Senate, or their respective designees, acting 

12 jointly after consultation with the Minority Leader of the 

13 House and the Minority Leader of the Senate, shall notify 

14 the Members of the House and the Senate, respectively, 

15 to reassemble at such place and time as they may des16 ignate if, in their opinion, the public interest shall warrant 

17 it. 

Passed the House of Representatives September 29, 

2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


jbell on PROD1PC69 with BILLS
EX-31 Rule 13a-14(d)/15d-14(d) Certification.

  Re: Morgan Stanley Capital I Inc., Commercial Mortgage Pass-Through
  Certificates, Series 2011-C3 (the "Transaction"), issued pursuant to the
  Pooling and Servicing Agreement dated as of October 1, 2011 (the "Pooling
  and Servicing Agreement"), executed in connection with the Transaction
  (capitalized terms used but not defined herein have the meanings set forth
  in the Pooling and Servicing Agreement).

  I, Steven Stern, certify that:

  1.I have reviewed this report on Form 10-K and all reports on Form 10-D
    required to be filed in respect of the period covered by this report on
    Form 10-K of Morgan Stanley Capital I Trust 2011-C3 (the "Exchange Act
    periodic reports");

  2.Based on my knowledge, the Exchange Act periodic reports, taken as a
    whole, do 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;

  3.Based on my knowledge, all of the distribution, servicing and other
    information required to be provided under Form 10-D for the period
    covered by this report is included in the Exchange Act periodic reports;

  4.Based on my knowledge and the servicer compliance statements required
    in this report under Item 1123 of Regulation AB, and except as
    disclosed in the Exchange Act periodic reports, the servicers have
    fulfilled their obligations under the servicing agreements in all
    material respects; and

  5.All of the reports on assessment of compliance with servicing criteria
    for asset-backed securities and their related attestation reports on
    assessment of compliance with servicing criteria for asset-backed
    securities required to be included in this report in accordance with
    Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18
    have been included as an exhibit to this report, except as otherwise
    disclosed in this report. Any material instances of noncompliance
    described in such reports have been disclosed in this report on Form
    10-K.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated parties: Bank
    of America, National Association, as Primary Servicer, Midland Loan
    Services, a Division of PNC Bank, National Association, as Special
    Servicer, TriMont Real Estate Advisors, Inc., as Trust Advisor,Wells
    Fargo Bank, National Association, as Certificate Administrator, Wells
    Fargo Bank, National Association, as Custodian, Wells Fargo Bank,
    National Association,as Master Servicer, U.S. Bank National Association,
    as Trustee, and CoreLogic Commercial Real Estate Services, Inc. and
    National Tax Search, LLC as Servicing Function Participants.

    Date:   September 4, 2012


    By: /s/ Steven Stern
    Name:  Steven Stern
    Title:  President
<PAGE>

                                  Exhibit 32.2

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

In connection with the Quarterly Report of U.S. Microbics, Inc., (the "Company")
on Form 10-QSB for the period ending June 30, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Robert C.
Brehm, Chief Executive Officer of the Company, certify to the best of my
knowledge, 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 and Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all material
respects, the financial condition and result of operations of the Company.

                                        /s/ Conrad Nagel
                                        ---------------------------------
                                        Conrad Nagel
                                        Principal Accounting Officer

                                        August 22, 2005
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 54 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
H. CON. RES. 54

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas the Creole Nature Trail All-American Road District Board of 
        Commissioners has begun to create and develop a National Hurricane 
        Museum and Science Center in the southwest Louisiana area;
Whereas protecting, preserving, and showcasing the intrinsic qualities that make 
        Louisiana a one-of-a-kind

              

 experience is the mission of the Creole Nature Trail All-American Road;

Whereas the horrific experience and the devastation long-term effects of 
        Hurricanes Katrina and Rita will play a major role in the history of the 
        United States;
Whereas a science center of this caliber will educate and motivate young and old 
        in the fields of meteorology, environmental science, sociology, 
        conservation, economics, history, communications, and engineering;
Whereas it is only appropriate that the effects of hurricanes and the rebuilding 
        efforts be captured in a comprehensive center such as a National 
        Hurricane Museum and Science Center to interpret the effects of 
        hurricanes in and outside of Louisiana; and
Whereas it is critical that the history of past hurricanes be preserved so that 
        all people in the United States can learn from this history: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring),  
That Congress supports and encourages the creation of a National 
Hurricane Museum and Science Center in southwest Louisiana.

            Passed the House of Representatives June 5, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                            H. CON. RES. 54

_______________________________________________________________________

                         CONCURRENT RESOLUTION

   Expressing the support of Congress for the creation of a National 
      Hurricane Museum and Science Center in Southwest Louisiana.
```
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 6013

VERNON ALLEN COLLINS , Petitioner

- Appellant ,

v. UNITED STATES OF AMERICA , Respondent

- Appellee

.

Appeal from the United States District Court for the District of Maryland , at Baltimore

. Catherine C. Blake , District Judge. ( 1:17

- cv
- 00954

- CCB )

Submitted : August 20, 2020 Decided: August 25, 2020

Before GREGORY, Chief Judge, WYNN , and QUATTLEBAUM , Circuit Judges.

Affirmed by un published per curiam opinion

.
Vernon A. Collins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Vernon A. Collins appeals the district court’s order d enying hi s petition for a writ
of error coram nobis to lower his previously completed criminal sentence

. We have reviewed the record and find no reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we affirm substantially on the reasoning of the district court , concluding that Collins fail ed to show sufficient injury to convey Article III standing

. Collins v. United States , No. 1:17

- cv
- 00954

- CCB (D. Md. Nov. 1, 2019) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
#### KRUEGER DISTRIBUTING CO. v. VAN MUNCHING & CO., INC.

April 18, 1978.

Petition ■ for certification denied.
#### W. L. Sweeney v. John H. Snow.

(No. 574, Tex. L. J., vol. 2, p. 533.)

Appeal from Brazoria County.

March 12, 1879.

Opinion by

White, J.

§ 728. *Horse race; forfeit upon.*There is no dispute of the fact or conflict of evidence upon the point that the watch and chain of appellant were put up as a forfeit in case the defendant failed to make the race in the manner and at the time agreed upon. Whenever he had complied with this agreement and made the race, all of which he did, then the object for which the forfeit was put up was accomplished, and his right to have the forfeit property returned to him became complete and vested,, and it could not legally he held subject to any other lien or claim. With regard to the forfeit, then, the judgment of the court enforcing the lien against it, and ordering it sold to pay the costs, was clearly erroneous. In the opinion of this court, the decision of the judges selected by the parties to decide the horse race, as the same was announced by them and acted upon and acquiesced in by the parties at the time, was a finality, and should be so held in the absence of any allegation of fraud in the petition. [Shain v. Searcy, 20 Tex. 122.]

Reversed and remanded.
#### STATE OF NEW JERSEY v. ANTHONY PUCHALSKI.

February 28, 1984.

Petition for certification denied.
QuickLinks
 -- Click here to rapidly navigate through this document

 
 

Exhibit 10.21    
    




  


1651 PAGE MILL ROAD

PALO ALTO, CALIFORNIA 94304  


PHONE: 650-624-9600

Fax: 650-624-7540 


June 30,
2001 


To
Dr. Leslie McEvoy: 


        This
letter replaces in its entirety my letter to you dated June 28, 2001 regarding certain bonus payments payable to you by Corgentech and supercedes all prior oral and written
agreements on that subject. 


        Pursuant
to the terms of your offer letter dated August 18, 2000 and as an incentive toward your continued service at Corgentech, you are eligible for three (3) cash bonus
payments, each equal to a minimum amount of $13,468.75, payable on June 28, 2002, June 28, 2003 and June 28, 2004, respectively; provided,
however, if you cease to be an employee of Corgentech for any reason before any such payment date you shall not receive any further cash bonus payments. 


Very
truly yours, 



	/s/  JOHN P. MCLAUGHLIN      
 John P. McLaughlin

President and CEO, Corgentech Inc.	 	 
	
AGREED AND ACCEPTED:	
 	

 
	

/s/  LESLIE MCEVOY      
Leslie McEvoy	
 	

 
	

Date: August 28, 2001	
 	

 











QuickLinks



Exhibit 10.21
#### STATE OF NEW JERSEY v. PETER MARKEVITCH.

February 28, 1984.

Petition for certification denied.
Document Headings

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                -                       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 Justice

###### Antitrust Division

                    Notice is hereby given that, on July 27, 2010, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Cable Television Laboratories, Inc. (“CableLabs”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing additions to its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Virgin Media Limited, London, United Kingdom, and Compton Communications, Port Perry, Ontario, Canada, have been added as parties to this venture.                

No other changes have been made in either the membership or planned activity of the group research project. The membership in this group research project remains open, and CableLabs intends to file additional written notifications disclosing all changes in membership.

                    On August 8, 1988, CableLabs filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on September 7, 1988 (53 FR 34593).                

                    The last notification was filed with the Department on May 21, 2008. A notice was published in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on July 11, 2008 (73 FR 39986).                

Patricia A. Brink,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 2010-22219 Filed 9-7-10; 8:45 am]

BILLING CODE 4410-11-M
#### STATE OF NEW JERSEY v. FRED PEPE.

February 28, 1984.

Petition for certification denied.