alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Fidel BALLARDO-VILLAPUDUA, a/k/a Fidel Ballarbo, Fidel Ballard, Fidal Ballardo, Fidel Cyco, "Psycho" and "Cyco", Defendant-Appellant.

No. 05-50445.

United States Court of Appeals, Ninth Circuit.

Oct. 16, 2006.*

Filed Oct. 23, 2006.

Becky S. Walker, Esq., Jeffrey Backhus, Esq., Office of the U.S. Attorney, Criminal *780Division, Los Angeles, CA, for Plaintiff-Appellee.

Elizabeth A. Newman, Esq., Federal Public Defender’s Office, Los Angeles, CA, for Defendantr-Appellant.

Before: LEAVY, W. FLETCHER, and RAWLINSON, Circuit Judges.

*

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

MEMORANDUM **

Fidel Ballardo-Viallapudua appeals from the 46-month sentence imposed following his guilty-plea conviction for violating 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Ballardo-Villapudua first contends that his enhancement under 8 U.S.C. § 1326(b)(2) is unconstitutional. That contention is foreclosed by the Supreme Court’s holding in *Almendarez-Torres v. United States,*523 U.S. 224, 250, 118 S.Ct. 1219, 140 L.Ed.2d 350 (9th Cir.1998). Bal-lardo-Villapudua asserts that recent Supreme Court cases have undermined *Al-mendarezTorres.*As we explained in *United States v. Weiland,*420 F.3d 1062 (2005), “[although recent Supreme Court jurisprudence has perhaps called into question the continuing viability of *Almen-darez-Torres,*we are bound to follow a controlling Supreme Court precedent until it is explicitly overruled by that Court.” *Id.*at 1079 n. 16 (internal citation omitted). Accordingly, we reject Ballardo-Villapu-dua’s contention that 8 U.S.C. § 1326(b)(2) is unconstitutional.

He next contends that the district court plainly erred in imposing a condition of supervised release requiring him to “submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, as directed by the Probation Officer.” However, this contention is contradicted by this court’s holding in *United States v. Maciel-Vasquez,*458 F.3d 994 (9th Cir.2006). In *Maciel-Vasquez,*this court held, with regard to a supervised release condition which was broader than the one imposed on Ballardo-Villapudua, that even if the district court erred by imposing the condition, such an error did not “seriously affect the fairness, integrity, or public reputation of the judicial proceedings.” *Id.*at 996. We therefore reject Ballardo-Villapudua’s contention.

Ballardo-Villapudua finally contends that the district court plainly erred and violated his Fifth Amendment right against self-incrimination by imposing a condition of supervised release that required him to report to his probation officer within 72 hours if he reenters the country. This contention is foreclosed by *United States v. Rodriguez-Rodriguez,*441 F.3d 767, 772 (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.
#### The People of the State of New York, Respondent, v Lavon Turrentine, Appellant.

[966 NYS2d 716]

Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered July 15, 2011. The judgment convicted defendant, upon his plea of guilty, of vehicular manslaughter in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

*1570Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of vehicular manslaughter in the second degree (Penal Law § 125.12 [1]). Contrary to defendant’s contention, the record establishes that he knowingly, voluntarily and intelligently waived the right to appeal *(see generally People v Lopez,*6 NY3d 248, 256 [2006]), and that valid waiver forecloses any challenge by defendant to the severity of the sentence *(see id.*at 255; *see generally People v Lococo,*92 NY2d 825, 827 [1998]; *People v Hidalgo,*91 NY2d 733, 737 [1998]). Present — Scudder, P.J., Peradotto, Lindley, Sconiers and Whalen, JJ.
<PAGE>

                                  EXHIBIT 99.3


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

I, Frances C. Hargarten, Chief Executive Officer of Oretech, Inc. ("Company"),
do hereby certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

o        the Annual report on Form 10-KSB of the Company for the fiscal year
         ended June 30, 2003, as filed with the Securities and Exchange
         Commission ("Report"), fully complies with the requirements of Section
         13(a) or 15(d) of the Securities Exchange Act of 1934; and
o        the information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.

Date:  October 12, 2004

/s/ Frances C. Hargarten
-----------------------------
    Frances C. Hargarten
    Chief Executive Officer
    (Principal Executive Officer)
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

April 24, 2019

No. 17

- 2548

UNITED STATES OF AMERICA

v.

BERNARD GREENSPAN,

Appellant

( D.N.J . No. 2

- 16

- cr

- 00114

- 001)

Present : HARDIMAN, KRAUSE

, and BIBAS

, Circuit Judges

1. Letter Motion by Appellee USA to Amend the Opinion dated April 17, 2019

2. Letter Response by Appellant to Letter Motion to Amend the Opinion

dated April 17, 2019

Respectfully,

Clerk/ ARR/dwb

____________________ __ ___________ORDER________________________________

Appellee’s motion to amend the opinion dated April 17, 2019, is granted in part. T he

opinion shall be amended in minor respects on pp. 3, 8, 10, 13, 18, 25, 2 9

- 30, and 37. These

amendments do not alter the Court’ s disposition or j udgment as previously entered. So the

date for entry of judgment will not be altered. The Clerk is directed to enter t he amended

opinion on the Court’ s docket.

By the Court,

s/Stephanos Bibas

Circuit Judge

Dated: May 1, 2019

ARR/cc: MEC; JFR; SGS; PG
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

NORTHERN DIVISION

ROBERT BRYANT, :

 :

Plaintiff, :

 :

vs. :

 : CIVIL ACTION 15-0167-M

CAROLYN W. COLVIN, :

Social Security Commissioner, :

 :

Defendant. :

JUDGMENT

In accordance with the Order entered this date, it is 

ORDERED, ADJUDGED, and DECREED that JUDGMENT be entered in favor 

of Defendant Carolyn W. Colvin and against Plaintiff Robert 

Bryant.

DONE this 26th day of October, 2015.

s/BERT W. MILLING, JR. 

UNITED STATES MAGISTRATE JUDGE

Case 2:15-cv-00167-M Document 22 Filed 10/26/15 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

TONY CURTIS BROACH, #136351, :

Plaintiff, :

vs. : CIVIL ACTION 15-42-KD-C

KIM THOMAS, 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 (doc. 3) made under 28 U.S.C. § 636(b)(1)(B) is 

ADOPTED as the opinion of this Court. 

Accordingly, it is ORDERED that this action be and is hereby DISMISSED

without prejudice pursuant to 28 U.S.C. § 1915(g).

DONE this the 6th day of March 2015.

s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE 

Case 1:15-cv-00042-KD-C Document 5 Filed 03/06/15 Page 1 of 1
<PAGE>
 
                                                                 EXHIBIT 10.25a

July 16, 1997



Mr. Earl Wiklund
Harden & Company, Inc.,
1800 Sutter Street, Suite 400
Concord, CA  94520

RE:  ADDENDUM TO LEASE AGREEMENT BETWEEN
     ZUFU PROPERTIES CO., LTD. AND
     HARDEN & COMPANY, INC., A CALIFORNIA CORPORATION
     DATED:JULY 14, 1997
     BLDG. 3460, SUITE 407

Dear Mr. Wiklund:

Notwithstanding anything to the contrary contained within Paragraph 1 of the 
Addendum to the Lease dated July 14, 1997 by and between Zufu Properties Co., 
Ltd., a California corporation ("Landlord") by and through Total Properties 
Management Company., as managing agent for the Property ("Landlord's Manager") 
and Harden & Company, Inc., a California corporation ("Tenant"), this letter 
shall serve as an agreement by and between Landlord and Tenant that Landlord 
shall deliver the Premises to Tenant in "as-is" condition, except that 
Landlord, at Landlord's sole cost and expense, shall paint the Premises; install
carpet and carpet base throughout the Premises, with the exception of two (2) 
rooms which will receive VCT flooring; seal up one (1) glass window between two 
offices and install one (1) light switch using building standard materials and 
building standard finishes as per the attached Exhibit A dated July 15, 1997.

     IN WITNESS WHEREOF, the parties hereto have executed this letter agreement 
as of the date and the year written below.

     IF TENANT SHALL BE A CORPORATION, THE AUTHORIZED OFFICERS MUST SIGN ON 
BEHALF OF THE CORPORATION AND INDICATE THE CAPACITY IN WHICH THEY ARE SIGNING.



Landlord:                                 Tenant:

Zufu Properties Co., Ltd.,                Harden & Company, Inc., a California
a California corporation                  corporation
("Landlord"), by and through
Total Properties Management Co.,
managing agent for the Property
("Landlord's Manager").

/s/ Donna L. Dalton                        /s/ Earl Wiklund
-------------------                        ----------------
By: Donna L. Dalton                        By: Earl Wiklund

Its: Senior Vice President                 Its: Chief Executive Officer

Dated: 7-24-97                             Dated: 7-24-97
      --------                                   --------
<PAGE>
 
 . INSTALL VCT FLOORING IN TWO (2) ROOMS, CARPET THROUGHOUT THE REMAINDER OF THE 
  PREMISES ALONG WITH BASE BOARD THROUGHOUT THE ENTIRE PREMISES

 . PAINT THE PREMISES

 . SEAL OFF ONE (1) WINDOW BETWEEN TWO ROOMS

 . INSTALL ONE (1) LIGHT SWITCH







                            BLUE PRINT APPEARS HERE





SUITE 407  Rentable 1559
CENTRAL PLAZA
3460 WILSHIRE BLVD., L.A.
7-15-97


               HARDEN & COMPANY, INC., A CALIFORNIA CORPORATION
                                   EXHIBIT A
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6921

FELIX BERTS OTCHERE,

Petitioner - Appellant,

versus

VIRGINIA PAROLE BOARD,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior

District Judge. (CA-97-710-AM)

Submitted: October 23, 1997 Decided: November 17, 1997

Before HAMILTON and WILLIAMS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Felix Berts Otchere, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying relief on

his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.

1997). We have reviewed the record and the district court's opinion

and find no reversible error. Accordingly, we deny a certificate of

appealability and dismiss the appeal on the reasoning of the district court. Otchere v. Virginia Parole Bd., No. CA-97-710-AM (E.D.

Va. May 19, 1997). We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

before the court and argument would not aid the decisional process.

DISMISSED
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2119 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2119

 To provide for a limitation on availability of funds for Independent 
Agencies, General Services Administration, Office of Inspector General 
                         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 Oversight and Accountability, and in 
 addition to the Committee on Transportation and Infrastructure, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
 To provide for a limitation on availability of funds for Independent 
Agencies, General Services Administration, Office of Inspector General 
                         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 INDEPENDENT 
              AGENCIES, GENERAL SERVICES ADMINISTRATION, OFFICE OF 
              INSPECTOR GENERAL FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Independent Agencies, 
General Services Administration, Office of Inspector General for fiscal 
year 2024 may not exceed $65,000,000.
                                 <all>
```
#### Harry BLATT, Plaintiff, v. CASA BLANCA CIGAR CO., Inc., Defendant.

Civ. A. No. 68-487.

United States District Court, M. D. Pennsylvania.

Dec. 7, 1970.

As Amended Dec. 8, 1970.

*313Lewis H. Markowitz, Markowitz, Kagen & Griffith, York, Pa., for plaintiff.

Robert J. Stewart, Liverant, Senft & Cohen, York, Pa., for defendant, Casa Blanca Cigar Co., Inc.

OPINION

MUIR, District Judge.

In this action, Plaintiff seeks to recover damages for an alleged breach of an exclusive sales contract granted him by Defendants. The contract provided that for a period of three years, Defendants were to pay Plaintiff commissions based on his sale of cigars of the William Allen and William Allen Jet brand within a certain geographic area.

Before the Court is a motion made by Plaintiff pursuant to Rule 34, Fed.R. Civ.P., requesting that an order issue directing Defendants to produce for inspection the following documents:

> “Defendants’ sales records for the three years of the contract regarding the sale of all cigars of the Defendants made within the geographic area of Plaintiff’s agreement.”

It is urged by Plaintiff that the documents are needed in order to ascertain the amount of damages incurred as a result of the alleged breach. Rule 26(b) (1), Fed.R.Civ.P., which sets the standard for all the discovery rules provides that “ * * * any matter, not privileged, which is relevant to the subject matter involved in the pending action * * * ” is discoverable.

In the instant case, the documents sought by Plaintiff have no bearing on the issues raised in the complaint and hence are not discoverable. Both the contract (which is attached to the complaint) and the complaint itself make clear that Plaintiff was engaged to sell on a commission basis certain *brands*of cigars. Nothing in either document indicates that the specified brands were to be representative of types of cigars. Therefore, Defendant’s sales records with respect to cigars other than the brands designated in the contract are not relevant.

An appropriate order will be entered.

ORDER

In accordance with the Opinion this day filed,

It is ordered and decreed that the motion of the plaintiff for an order requiring Defendants to produce for inspection and copying its books of accounts, ledgers, check stubs, orders, invoices, balance sheets and profit and loss statements for the period of November 1, 1967, through and including October 31, 1970 containing information regarding all sales of cigars by the Defendants within the five boroughs of New York City, Nassau and Suffolk Counties of Long Island, Rock-land and West Chester Counties and the State of New Jersey be and the same is hereby denied.
<TABLE> <S> <C>

<ARTICLE>      5
       
<S>                                 <C>
<PERIOD-TYPE>                      3-MOS
<FISCAL-YEAR-END>                                  SEP-30-1999
<PERIOD-END>                                       DEC-31-1998
<CASH>                                                  27,069
<SECURITIES>                                                 0
<RECEIVABLES>                                            7,738
<ALLOWANCES>                                                 0
<INVENTORY>                                                  0
<CURRENT-ASSETS>                                        35,945
<PP&E>                                                 350,974
<DEPRECIATION>                                         218,985
<TOTAL-ASSETS>                                         167,934
<CURRENT-LIABILITIES>                                  102,833
<BONDS>                                                      0
<COMMON>                                                40,542
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                              1,340
<OTHER-SE>                                              23,219
<TOTAL-LIABILITY-AND-EQUITY>                           167,934
<SALES>                                                 14,619
<TOTAL-REVENUES>                                        14,619
<CGS>                                                    9,089
<TOTAL-COSTS>                                            9,089
<OTHER-EXPENSES>                                             0
<LOSS-PROVISION>                                             0
<INTEREST-EXPENSE>                                         972
<INCOME-PRETAX>                                       ( 17,234)
<INCOME-TAX>                                                 0
<INCOME-CONTINUING>                                   ( 17,234)
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                          ( 17,234)
<EPS-PRIMARY>                                         (    .00)
<EPS-DILUTED>                                         (    .00)
        

</TABLE>
**Exhibit 31.2**

 

CERTIFICATION 

 

I, David Morash, certify that: 

 

1. I have reviewed this Amendment No. 2 to the Annual Report on Form 10-KSB of Axesstel, Inc.; 

 

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, inlight 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, the financial statements, and other financial information included in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report; 

 

4. The small business issuer’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have: 

 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is beingprepared; 

 

(b) Evaluated the effectiveness ofthe small business issuer’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on suchevaluation; and 

 

(c) Disclosed in this reportany change in the small business issuer’s internal control over financial reporting that occurred during the small business issuer’s most recent fiscal quarter (the small business issuer’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer’s internal control over financial reporting; and 

 

5. The small business issuer’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the small business issuer’s auditors and the audit committee of the small business issuer’s board of directors (or persons performing the equivalent functions): 

 

(a) All significant deficiencies and material weaknesses inthe design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer’s ability to record, process, summarize and report financial information; and 

 

(b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the small business issuer’s internal control over financial reporting. 

 

Date: August 13, 2004 

/s/    David Morash
##### 



Exhibit 32.1

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 Tellabs, Inc. (the Company) on
Form 10-Q for the quarter ended September 26, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Michael J. Birck, the Chief Executive Officer of the Company, certify, pursuant
to and for purposes of 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.

|                                                                | 
|--------------------------------------------------------------- | 
|/s/ Michael J. Birck                                            | 
|                                                                | 
|Michael J. Birck
Chief Executive Officer
Date: November 6, 2003 | 

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.

The certification in this Report is being furnished in accordance with SEC
Release No. 33-8212. The certification is being furnished and shall not be
deemed filed for the purposes of Section 18 of the Securities Exchange Act of
1934, as amended, or otherwise subject to the liabilities of that Section. The
certification shall not be deemed incorporated by reference into any filing
under the Securities Act of 1933, as amended, except as expressly set forth by
specific reference in such filing.