alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Apolinar HURTADO-HERNANDEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-73318.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 27, 2006.*

Filed Oct. 30, 2006.

Apolinar Hurtado-Hernandez, San Diego, CA, pro se.

Office of the District Counsel, Department of Homeland Security, San Diego, CA, Ronald E. LeFevre, Margot L. Nadel, Esq., Office of the District Counsel, Department of Homeland Security, San Francisco, CA, U.S. Department of Justice, Civil Div./Offiee of Immigration Lit., Washington, DC, for Respondent.

Before: SKOPIL, BOOCHEVER, and LEAVY, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Apolinar Hurtado-Hernandez, a native and citizen of Mexico, petitions for review of an order issued by the Board of Immigration Appeals, affirming without opinion the decision of an immigration judge that Hurtado-Hernandez was removable be*851cause he had been convicted of crimes involving moral turpitude, and denying deferral of removal under the Convention Against Torture. We dismiss for lack of jurisdiction.

We have no “jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense covered in [8 U.S.C.] section 1182(a)(2).” 8 U.S.C. § 1252(a)(2)(C). The REAL ID Act provides an exception: “[njothing in subpara-graph ... (C) ... shall be construed as precluding review of constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals in accordance with this section.” 8 U.S.C. § 1252(a)(2)(D). Hurtado-Her-nandez does not advance any constitutional or statutory challenges to his removal order. We therefore do not have jurisdiction over his petition.

DISMISSED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
11779.

#### Bull & Son *v.*Armour Fertilizer Works.

Decided January 20, 1921.

Certiorari; from Macon superior court — -Judge Littlejohn. July 6, 1920.

*Jere M. Moore, Shipp & Sheppard, J. J. Bull & Son,*for plaintiffs in error.

*John B. Guerry,*contra.

Hill, J.

1. Where a motion for a new trial was filed and an order granted thereon allowing the movant until a fixed day in vacation to amend the motion and to prepare, perfect, and file a brief of the evidence, and on the day fixed no brief of the evidence was presented to the court, the motion was a mere nullity and the result is the same as if none had ever been made. *Baker*v. *Johnson,*99 *Ga.*374 (27 S. E. 706) ; *Moxley*v. *Ga. Ry. & Electric Co.,*122 *Ga.*493 (50 S. E. 339); *Smith*v. *State,*22 *Ga. App.*616 (97 S. E. 96).

2, Where the final judgment was rendered against the defendants on January 29, 1920, a petition for certiorari presented on April 5, 1920, this being more than thirty days after the final determination of the case, was properly dismissed and overruled by the judge of the superior court, although he had previously sanctioned the application for the writ. Park’s Ann. Code, § 5188.

*Judgment affirmed.*

*Jenkins, P. J., and Stephens, J., concur.*
# Fourth Court of Appeals **San Antonio, Texas**
MEMORANDUM OPINION
No. 04

- 15

- 00441

- CR IN RE Roy Louis SMITHWICK Jr. Original Mandamus Proceeding 1
PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: August 5 , 2015
PETITION FOR WRIT OF MANDAMUS DENIED On July 16, 2015, relator filed a pro se petition for writ of mandamus complaining of the trial court’s failure to order the district attorney’s office to investigate relator’s claims of criminal misconduct by the prosecutor and an expert witness involved in his 1992 murder conviction. 2 The court has considered relator’s petition and is of the opinion that relator is not entitled to the relief sought. In a criminal case mandamus relief is authorized only if the relator establishes “(1) he has no other adequate legal remedy; and (2) under the relevant facts and law, the act sought to be compelled is purely ministerial.” See State ex rel. Hill v. Court of Appeals for Fifth Dist. , 34
S.W.3 d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding); In re Reed , 137 S.W.3d 676, 678

1 This proceeding arises out of Cause No. 1992CRA00041

- D1, styled The State of Texas v. Roy L. Smithwick Jr. , pending in the 49th Judicial District Court, Webb County, Texas, the Honorable Jose A. Lopez presiding. 2 This court affirmed relator’s conviction on his direct appeal in Smithwick v. State , No. 04

- 92

- 00520

- CR, 1995 WL 540279, at *8 (Tex. App.

— San Antonio Sept. 13, 1 995, no pet.).04

- 15

- 00441

- CR

- 2

- (Tex. App.

— San Anto nio 2004 , orig. proceeding )

. Accordingly, the petition for writ of mandamus is denied. See T EX
. R. A PP
. P. 52.8(a).

PER CURIAM
DO NOT PUBLISH
IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

NORTHERN DIVISION

KEVIN JEROME JOHNSON, :

Plaintiff, :

vs. : CIVIL ACTION 06-00406-WS-B

DON JOHNSON, et al., :

Defendants. :

ORDER

After due and proper consideration of all portions of this

file deemed relevant to the issue raised, and there having been

no objections filed, the Report and Recommendation of the

Magistrate Judge made under 28 U.S.C. §636(b)(1)(B) is ADOPTED as

the opinion of this court. It is ORDERED that this action be and

is hereby DISMISSED without prejudice for failure to prosecute

and to obey the Court's order.

DONE and ORDERED this 27th day of November, 2006.

 s/WILLIAM H. STEELE 

 UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00406-WS-B Document 10 Filed 11/27/06 Page 1 of 1
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1975 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1975

To provide for a limitation on availability of funds for Department of 
   Health and Human Services, National Institutes of Health National 
                 Cancer Institute for fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To provide for a limitation on availability of funds for Department of 
   Health and Human Services, National Institutes of Health National 
                 Cancer Institute for fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPARTMENT OF HEALTH 
              AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH 
              NATIONAL CANCER INSTITUTE FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Department of Health and 
Human Services, National Institutes of Health National Cancer Institute 
for fiscal year 2024 may not exceed $5,743,892,000.
                                 <all>
```
INDEPENDENT ACCOUNTANTS REPORT ON APPLYING AGREED-UPON PROCEDURES

 

 

To Household Finance Corporation:

We have performed procedures enumerated below in items A. and B. in conjunction with Section 4.11 of the Master Sale and Servicing Agreement, dated June 1, 1999 (the "Agreement").

 

- We have audited, in accordance with auditing standards generally accepted in the United States, the consolidated financial statements of Household Finance Corporation (the "Servicer") and subsidiaries as of December 31, 2001, and have issued our report thereon dated January 14, 2002.  We have not audited any financial statements of the Servicer as of any date or for any period subsequent to December 31, 2001, or performed any audit procedures subsequent to the date of our report on those statements.  As part of our audit, we reviewed documents and records relating to the servicing of consumer automobile finance receivables under the Agreement.  In connection with our audit, we noted no exceptions or errors in the records relating to the servicing of consumer automobile finance loans that, in our opinion, generally accepted auditing standards required us to report.
- We have performed the procedure described in the following paragraph, which was agreed to by the management of the Servicer, with respect to Section 4.11 of the Agreement, in conjunction with the servicing of consumer automobile finance receivables owned by Household Automotive Trust III.  This agreed-upon procedure was performed in accordance with standards established by the American Institute of Certified Public Accountants.  The sufficiency of the procedure is solely the responsibility of the Servicer.  Consequently, we make no representation regarding the sufficiency of the procedure described below either for the purpose for which this report has been requested or for any other purpose.

The procedure and associated findings are as follows:

From the Monthly Servicers Certificates prepared by the Servicer between January, 2001 and December, 2001, we selected the following months and performed the following:

We have compared the mathematical calculation of each amount set forth in the Monthly Servicers Certificates to the Servicers accounting records for the month of February, 2001 for Series 1999-1 and found it to be in the agreement.  Our comparisons were based on records provided to us by the Servicer and the methodology set forth in the Agreement.

With respect to the procedure performed in item B. above, we were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the Monthly Servicers Certificates described above.  Accordingly, we do not express such an opinion.  Had we been engaged to perform additional procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for the information and use of the Servicer and should not be used for any other purpose.

Arthur Andersen LLP

Chicago, Illinois

March 22, 2002
[Federal Register Volume 79, Number 247 (Wednesday, December 24, 2014)]
[Notices]
[Page 77538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30139]


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

POSTAL SERVICE


Product Change--Priority Mail Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Effective date: December 24, 2014.

FOR FURTHER INFORMATION CONTACT: Elizabeth A. Reed, 202-268-3179.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
December 18, 2014, it filed with the Postal Regulatory Commission a 
Request of the United States Postal Service to Add Priority Mail 
Contract 105 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2015-20, CP2015-25.

Stanley F. Mires,
Attorney, Federal Requirements.
[FR Doc. 2014-30139 Filed 12-23-14; 8:45 am]
BILLING CODE 7710-12-P
---

EXHIBIT 23.2

# Consent of Independent
Registered Public Accounting Firm

The Board of Directors
and Stockholders of 
ACME Communications, Inc.:

We consent to the incorporation by
reference in the registration statement (No. 333-86158) on Form S-8 of ACME
Communications, Inc. of our reports dated March 28, 2007, with respect to the consolidated
balance sheet of ACME Communications, Inc. and subsidiaries as of December 31, 2006, and
the related consolidated statements of operations, stockholders equity, and cash
flows for year then ended, and all related financial statement schedules, which reports
appear in the December 31, 2006, annual report on Form 10-K/A of ACME Communications, Inc.

/s/ MAYER HOFFMAN MCCANN P.C.
MAYER HOFFMAN MCCANN P.C.
Los Angeles, California 
April 9, 2007
fo; TW VUnorcJ^ COURTOFOECMlK/AL APPEALS 

### MOUUCOOOg rOojd^7>o^ftiWj-6oJ. faking This htr^aro^hk. Cou*4 J-q CLLC^t /7)s,Loncf nncrff\h formy ?Z)fc f*ter f>9y ffio Je r?~b^m^h^n T hid Hoi l<lnouj JfrOStLo^ ujqj- //, f&cj £o/'^ ~7c> £>/i /? P.DtlZ f'h my b^hc^lf Do To ft Lfrcic of QDmrniMwoo&U^

OJO& MiSLxn&trrhknAt'nyt So ^T ^°^ /fr£- 7%^ /Alt ifo^o^ik 

### for Di5C/^-l/ooc^Y ^'^^ '/ft POy 'B'tLhcA.lf and 'D^r^^Ko.rJ hvj TVoJe, fyy&h^h fos D/V(ye-[W<^y fa/eu, ^ FILEDIN 

### "^ • eoURTo^7?aALAPPEALS- ~^7^h^V0ul ^ " ^ -0CTT672CT5 "T^andoZ?ari&i2u0*YUL. AbelAcoste, Clerk.

—RECEIVED IW JfflUBUQECfilMWALAPPEALS.

- OCU62015
#### UNITED STATES of America, Plaintiff—Appellee, v. Gustavo SUAREZ, Defendant—Appellant.

No. 05-30194.

United States Court of Appeals, Ninth Circuit.

Submitted June 12, 2006.*

Decided June 16, 2006.

Thomas O. Rice, Esq., USSP — Office of the U.S. Attorney, Spokane, WA, for Plaintiff — Appellee.

*635Kathleen Moran, Esq., Federal Public Defender’s Office (Eastern WA & ID), Spokane, WA, for Defendant — Appellant.

Before: FERNANDEZ, KLEINFELD, and BERZON, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Gustavo Suarez appeals from the 12-month sentence imposed following his guilty plea to escape in violation of 18 U.S.C. § 751. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Suarez contends that the district court was compelled under U.S.S.G. § 3El.l(a) to apply a two-level downward adjustment because he entered his guilty plea in a timely manner. We reject this contention.

The district court did not clearly err when it determined that Suarez’s status as a 14-year fugitive from justice following his offense outweighed other indicia of an acceptance of responsibility. *See*U.S.S.G. § 3El.l(a), App. Note 1(d) (providing that a court may consider a defendant’s prearrest conduct such as “voluntary surrender to authorities after commission of the offense”); *see also United States v. Connelly,*156 F.3d 978, 982 (9th Cir.1998) (“Although pleading guilty and truthfully admitting the offense conduct constitute ‘significant evidence of acceptance of responsibility,’ this evidence may be outweighed by conduct inconsistent with such acceptance of responsibility. U.S.S.G. § 3El.l(a), App. note 3.”).

Furthermore, the district court did not misapply the advisory Guidelines when it awarded Suarez a one-level downward adjustment for partial acceptance of responsibility. *Cf. United States v. Jeter,*236 F.3d 1032, 1035 (9th Cir.2001) (noting that the then-mandatory Guidelines do not provide for a partial one-level downward adjustment). The district court recognized that § 3El.l(a) provides for a two-level downward adjustment, but granted Suarez the one-level adjustment under its discretion in an advisory Guidelines regime. *See United States v. Cantrell,*433 F.3d 1269, 1279 (9th Cir.2006).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Notices]
[Pages 75173-75174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29523]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNMA00000 L12200000.DF0000 15X L1010BP]


Notice of Public Meeting, Albuquerque District Resource Advisory 
Council Meeting, New Mexico

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Public Meeting.

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

SUMMARY: In accordance with the Federal Land Policy and Management Act 
and the Federal Advisory Committee Act, the Bureau of Land Management 
(BLM) Albuquerque District Resource Advisory Council (RAC) will meet as 
indicated below.

DATES: The RAC will meet on Friday, January 16, 2015, at the 
Albuquerque District Office, 435 Montano Rd., Albuquerque, NM, 87107, 
from 9 a.m.-4 p.m.. The public may send written

[[Page 75174]]

comments to the RAC at the BLM Albuquerque District Office, 435 Montano 
Rd., Albuquerque, NM, 87107.

FOR FURTHER INFORMATION CONTACT: Mart[iacute]n Visarraga, BLM 
Albuquerque District Office, 435 Montano Rd., Albuquerque, NM 87107, 
505-761-8902. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8229 to contact the above individual during normal business hours. 
The FIRS is available 24 hours a day, 7 days a week, to leave a message 
or question with the above individual. You will receive a reply during 
normal business hours.

SUPPLEMENTARY INFORMATION: The 10-member Albuquerque District RAC 
advises the Secretary of the Interior, through the BLM, on a variety of 
planning and management issues associated with public land management 
in New Mexico's Albuquerque District.
    Planned agenda items include a welcoming and introduction of new 
Council members; election of chair and vice chair; an update on the Rio 
Puerco Management Plan, Sun Zia Southwest Transmission Project, Kinder 
Morgan Lobos CO<INF>2</INF> Pipeline Project, Mobile Workforce, Force 
Account Crew, law enforcement, Rio Puerco Management Committee, and a 
discussion on estray horses.
    A half-hour comment period during which the public may address the 
RAC will begin at 11 a.m. All RAC meetings are open to the public. 
Depending on the number of individuals wishing to comment and time 
available, the time for individual oral comments may be limited.

Michael H. Tupper,
Deputy State Director, Lands and Resources.
[FR Doc. 2014-29523 Filed 12-16-14; 8:45 a.m.]
BILLING CODE 4310-FB-P
Exhibit
32(a)


CERTIFICATE
PURSUANT TO 18 U.S.C. SECTION 1350


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


FOR PPL
CORPORATION'S 10-Q FOR THE QUARTER ENDED MARCH 31, 2009





In
connection with the quarterly report on Form 10-Q of PPL Corporation (the
"Company") for the quarter ended March 31, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the "Covered Report"), I,
the principal executive officer of the Company, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
hereby certify that:





·
            The
      Covered Report fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934, as amended;
    and·
            The
      information contained in the Covered Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.











Date:  May
      1, 2009
            /s/  James
      H. MillerJames
      H. Miller
              Chairman,
      President and Chief Executive Officer
              PPL
      Corporation








A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
Exhibit
32(f)


CERTIFICATE
PURSUANT TO 18 U.S.C. SECTION 1350


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


FOR PPL
ELECTRIC UTILITIES CORPORATION'S 10-Q FOR THE QUARTER ENDED SEPTEMBER 30,
2008





In
connection with the quarterly report on Form 10-Q of PPL Electric Utilities
Corporation (the "Company") for the quarter ended September 30, 2008, as
filed with the Securities and Exchange Commission on the date hereof (the
"Covered Report"), I, the principal financial officer of the Company, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, hereby certify that:





·
            The
      Covered Report fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934, as amended;
    and·
            The
      information contained in the Covered Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.











Date:  November
      4, 2008
            /s/  J.
      Matt Simmons, Jr.J.
      Matt Simmons, Jr.
              Vice
      President and Controller
              PPL
      Electric Utilities Corporation





A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
<TABLE> <S> <C>
                               
<ARTICLE>                                   5
<LEGEND>                         
     This schedule  contains summary  financial  information  extracted from the
Partnership's  unaudited  financial  statements  for the quarter ended March 31,
1999 and is qualified in its entirety by reference to such financial statements.
</LEGEND>                        
<MULTIPLIER>                            1,000
                                     
<S>                                       <C>
<PERIOD-TYPE>                           6-MOS
<FISCAL-YEAR-END>                 Sep-30-1999
<PERIOD-END>                      Mar-31-1999
<CASH>                                    929
<SECURITIES>                                0
<RECEIVABLES>                               0
<ALLOWANCES>                                0
<INVENTORY>                                 0
<CURRENT-ASSETS>                          929
<PP&E>                                  5,038
<DEPRECIATION>                          1,644
<TOTAL-ASSETS>                          4,323
<CURRENT-LIABILITIES>                      38
<BONDS>                                 1,041
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<COMMON>                                    0
<OTHER-SE>                              3,244
<TOTAL-LIABILITY-AND-EQUITY>            4,323
<SALES>                                     0
<TOTAL-REVENUES>                        2,932
<CGS>                                       0
<TOTAL-COSTS>                             142
<OTHER-EXPENSES>                            0
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                         60
<INCOME-PRETAX>                         2,730
<INCOME-TAX>                                0
<INCOME-CONTINUING>                     2,730
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                            2,730
<EPS-PRIMARY>                          125.42
<EPS-DILUTED>                          125.42
        

</TABLE>