alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Francisco Javier CUEVAS-RAMIREZ, Defendant-Appellant.

No. 05-10216.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 16, 2006.*

Filed Oct. 18, 2006.

Mary Sue Feldmeier, Esq., U.S. Attorney’s Office, Tucson, AZ, for Plaintiff-Ap-pellee.

Francisco Javier Cuevas-Ramirez, Phoenix, AZ, pro se.

Darla J. Mondou, Esq., Maraña, AZ, for Defendant-Appellant.

Before: T.G. NELSON, 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 **

Francisco Javier Cuevas-Ramirez appeals from his guilty-plea conviction and 135-month sentence for conspiracy to possess with intent to distribute 1000 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 846 and 841(a)(1), (b)(l)(A)(viii).

Pursuant to *Anders v. California, 386*U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Cuevas-Ramirez has filed a brief stating there are no grounds *148for relief, and a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed.

Because our independent review of the record pursuant to *Penson v. Ohio,*488 U.S. 75, 82-83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), indicates that Cuevas-Ramirez knowingly and voluntarily waived his right to appeal and was sentenced within the terms of the plea agreement, we enforce the waiver and dismiss the appeal. *See United States v. Nguyen,*235 F.3d 1179, 1182 (9th Cir.2000) (stating that an appeal waiver is valid when it is entered knowingly and voluntarily); *see also United States v. Cardenas,*405 F.3d 1046, 1048 (9th Cir. 2005) (noting that the changes in sentencing law imposed by *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), did not render waiver of appeal involuntary and unknowing).

Counsel’s motion to withdraw is GRANTED. The appeal is 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.
|   | (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      at the date and for the periodsindicated. |
|--------|-----------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      May 3, 2010                                                                      |
|---------------------------------------------------------------------------------------------|
|                                                                                   |
| /s/      Dean R. Marks                                                                      |
| Dean      R. MarksPresident      and Chief Executive Officer (Principal Executive  Officer) |

----
Affirmed and Memorandum Opinion filed May 2, 2013.

In The

Fourteenth Court of Appeals

NO. 14-12-00807-CR

JOSE ANGEL MORENO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 1322999

M E M O R A N D U M O P I N I O N

A jury convicted appellant of the offense of aggravated sexual assault of a 

child under fourteen (14) years of age. On August 24, 2012, the trial court 

sentenced appellant to confinement for nine (9) years in the Institutional Division 

of the Texas Department of Criminal Justice. Appellant filed a notice of appeal.

Appellant’s appointed counsel filed a brief in which he concludes the appeal 

is wholly frivolous and without merit. The brief meets the requirement of Anders 
2

v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), by advancing frivolous 

contentions which might arguably support the appeal. See Gainous v. State, 436 

S.W.2d 137 (Tex. Crim. App. 1969); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. 

App. 1972); and Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974). A copy 

of counsel’s brief was delivered to appellant. Appellant was advised of the right to 

examine the appellate record and file a pro se response. See Stafford v. State, 813 

S.W.2d 503, 510 (Tex. (Tex. Crim. App.1991). As of this date, no pro se response 

has been filed.

We have carefully reviewed the record and counsel’s brief and agree the 

appeal is wholly frivolous and without merit. Further, we find no reversible error in 

the record. We are not to address the merits of each claim raised in an Anders brief 

or a pro se response when we have determined there are no arguable grounds for 

review. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005).

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Frost and Donovan.

Do Not Publish — Tex. R. App. P. 47.2(b).
[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Page 23680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11612]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / 
Notices

[[Page 23680]]



DEPARTMENT OF AGRICULTURE

Forest Service


Glenn/Colusa County Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of Meeting.

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

SUMMARY: The Glenn/Colusa County Resource Advisory Committee (RAC) will 
meet in Willows, California. Agenda items covered include: (1) 
Introductions, (2) Approve Minutes, (3) Public Comment, (4) Discussion 
of National Forest Counties and Schools Coalition Annual Meeting-RAC 
Member Attendance, (5) Project Presentations for FY08 and FY09, (6) 
Project Voting by RAC Members, (7) General Discussion, (8) Next Agenda.

DATES: The meeting will be held on June 22, 2009, from 1:30 p.m. and 
end at approximately 4:30 p.m.

ADDRESSES: The meeting will be held at the Mendocino National Forest 
Supervisor's Office, 825 N. Humboldt Ave., Willows, CA 95988. 
Individuals who wish to speak or propose agenda items send their names 
and proposals to Eduardo Olmedo, Designated Federal Official, 825 N. 
Humboldt Ave., Willows, CA 95988.

FOR FURTHER INFORMATION CONTACT: Matt Ellis, Committee Coordinator, 
USDA, Mendocino National Forest, Grindstone Ranger District, 825 N. 
Humboldt Ave., Willows, CA 95988. (530) 934-3316; e-mail 
<a href="/cdn-cgi/l/email-protection#45282431312d20322029292c360523366b2320216b3036"><span class="__cf_email__" data-cfemail="7c111d080814190b191010150f3c1a0f521a191852090f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The meeting will be open to the public. 
Committee discussion is limited to Forest Service staff and Committee 
members. However, persons who wish to bring matters to the attention of 
the Committee will file written statements with the Committee staff 
before or after the meeting. Public input sessions are provided and 
individuals who made written requests by June 15, 2009 have the 
opportunity to address the committee at those sessions.

    Dated: May 12, 2009.
Eduardo Olmedo,
Designated Federal Official.
[FR Doc. E9-11612 Filed 5-19-09; 8:45 am]
BILLING CODE 3410-11-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Page 23891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11850]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,182]


General Motors Grand Rapids Stamping, Metal Fabricating Division, 
Wyoming, MI; Notice of Termination of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on February 9, 2009, in response to a 
petition filed by a company official and by United Auto Workers Local 
730 on behalf of workers at General Motors Grand Rapids Stamping, Metal 
Fabricating Division, Wyoming, Michigan.
    The petitioners have requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC this 29th day of April 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-11850 Filed 5-20-09; 8:45 am]
BILLING CODE 4510-FN-P
#### State v. Desperados, Inc.

Case below: 180 N.C. App. 378

No. 629A06

AG’s Petition for Writ of Supersedeas

Allowed 03/08/07

Hudson, J. Recused
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration 

          - [TA-W-65,692] 

                    Pursuant to Section 221 of the Trade Act of 1974, as amended, an                           ( print page 23892)                        investigation was initiated on March 27, 2009 in response to a petition filed by a company official on behalf of workers of Tricon Timber, LLC, Superior, Montana.                 

The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. 

Signed at Washington, DC, this 23rd day of April 2009. 

Richard Church, 

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-11865 Filed 5-20-09; 8:45 am] 

BILLING CODE 4510-FN-P
<PAGE>
                                  EXHIBIT 12.1

                    CALCULATION OF EARNINGS TO FIXED CHARGES


<TABLE>
<CAPTION>
                                                           YEAR ENDED DECEMBER 31,
                                          ------------------------------------------------------------
                                            2001         2000          1999         1998        1997
                                          --------     --------     ---------     --------    --------
<S>                                       <C>          <C>          <C>           <C>         <C>
Income (loss) before income taxes,
   minority interest and
   extraordinary item ................... $(91,383)    $(97,751)    $(130,998)    $138,167    $ 82,813

Fixed charges:
-  Interest expense and amortization
   of debt issuance costs ...............   25,063       18,606        17,769       14,908          --
-  Interest portion of leases ...........    8,506        6,133         5,033        3,600       4,133
                                          --------     --------     ---------     --------    --------
Total Fixed Charges ..................... $ 33,569     $ 24,739     $  22,802     $ 18,508    $  4,133
                                          ========     ========     =========     ========    ========
Income (loss) before income taxes,
   minority interest and extraordinary
   item plus fixed charges ..............  (57,814)     (73,012)     (108,196)     156,675      86,946
Ratio ...................................       --           --            --         8.5x       21.0x
Deficiency of Earnings to Fixed
   Charges .............................. $ 91,383     $ 97,751     $ 130,998     $     --    $     --
</TABLE>
II 

109TH CONGRESS 

1ST SESSION S. 691 

To modify the prohibition on recognition by United States courts of certain 

rights relating to certain marks, trade names, or commercial names. 

IN THE SENATE OF THE UNITED STATES 

APRIL 4, 2005 

Mr. DOMENICI (for himself, Mr. NELSON of Florida, Mr. SANTORUM, Mr. ENSIGN, Mr. MARTINEZ, Mr. ALLEN, Mr. LIEBERMAN, Mr. LAUTENBERG, 

and Mr. BUNNING) introduced the following bill; which was read twice 

and referred to the Committee on the Judiciary 

A BILL 

To modify the prohibition on recognition by United States 

courts of certain rights relating to certain marks, trade 

names, or commercial names. 

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

3 SECTION 1. MODIFICATION OF PROHIBITION. 

4 Section 211 of the Department of Commerce and Re5 lated Agencies Appropriations Act, 1999 (as contained in 

6 section 101(b) of division A of Public Law 105–277; 112 

7 Stat. 2681–88) is amended— 

8 (1) in subsection (a)(2)— 
2 

•S 691 IS

1 (A) by striking ‘‘by a designated national’’; 

2 and 

3 (B) by inserting before the period ‘‘that 

4 was used in connection with a business or as5 sets that were confiscated unless the original 

6 owner of the mark, trade name, or commercial 

7 name, or the bonafide successor-in-interest has 

8 expressly consented’’; 

9 (2) in subsection (b), by striking ‘‘by a des10 ignated national or its successor-in-interest’’; 

11 (3) by redesignating subsection (d) as sub12 section (e); 

13 (4) by inserting after subsection (c) the fol14 lowing: 

15 ‘‘(d) Subsections (a)(2) and (b) of this section shall 

16 apply only if the person or entity asserting the rights knew 

17 or had reason to know at the time when the person or 

18 entity acquired the rights asserted that the mark, trade 

19 name, or commercial name was the same as or substan20 tially similar to a mark, trade name, or commercial name 

21 that was used in connection with a business or assets that 

22 were confiscated.’’; and 

23 (5) in subsection (e), as so redesignated, by 

24 striking ‘‘In this section:’’ and all that follows 
3 

•S 691 IS

1 through ‘‘(2) The term’’ and inserting ‘‘In this sec2 tion, the term’’. 

Æ
[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Page 23006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11418]


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

DEPARTMENT OF THE TREASURY


Submission for OMB Review; Comment Request

May 12, 2009.
    The Department of Treasury will submit the following public 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13, on or 
after the publication date of this notice. Copies of the submission(s) 
may be obtained by calling the Treasury Bureau Clearance Officer 
listed. Comments regarding this information collection should be 
addressed to the OMB reviewer listed and to the Treasury Department 
Clearance Officer, Department of the Treasury, Room 11000, 1750 
Pennsylvania Avenue, NW., Washington, DC 20220.

DATES: Written comments should be received on or before June 15, 2009 
to be assured of consideration.

Bureau of Public Debt (BPD)

    OMB Number: 1535-0136.
    Type of Review: Revision.
    Title: Application for Refund of Purchase Price of United States 
Savings Bonds for Organizations.
    Forms: PD F 5410.
    Description: Used by an organization to request refund or purchase 
of United States Savings Bonds.
    Respondents: Businesses or other for-profits.
    Estimated Total Burden Hours: 300 hours.

    OMB Number: 1535-0055.
    Type of Review: Revision.
    Title: Creditors request for payment of Treasury Securities 
belonging to a decedent's estate being settled without administration.
    Forms: PD F 1050.
    Description: Used to obtain creditor's consent to dispose of 
securities of a deceased owner's estate without administration.
    Respondents: Businesses or other for-profits.
    Estimated Total Burden Hours: 150 hours.

    OMB Number: 1535-0084.
    Type of Review: Extension.
    Title: Order for Series I/EE U.S. Savings Bonds and Order for 
Series I/EE U.S. Savings Bonds in name of fiduciary.
    Forms: PD F 5263-1, PD F 5263, PD F 5374, PD F 5374-1.
    Description: Completed by the purchaser to issue U.S. Savings 
Bonds.
    Respondents: Individuals or Households.
    Estimated Total Burden Hours: 830,000 hours.

    OMB Number: 1535-0118.
    Type of Review: Revision.
    Title: Disposition of Securities Belonging to a Decedent's Estate 
Being Settled Without Administration.
    Forms: PD F 5336.
    Description: Used by person(s) entitled to a decedent's estate not 
being administered to request disposition of securities and/or related 
payments.
    Respondents: Individuals or Households.
    Estimated Total Burden Hours: 12,675 hours.
    Clearance Officer: Judi Owens, (304) 480-8150, Bureau of the Public 
Debt, 200 Third Street, Parkersburg, West Virginia 26106.
    OMB Reviewer: Shagufta Ahmed, (202) 395-7873, Office of Management 
and Budget, Room 10235, New Executive Office Building, Washington, DC 
20503.

Celina Elphage,
Treasury PRA Clearance Officer.
[FR Doc. E9-11418 Filed 5-14-09; 8:45 am]
BILLING CODE 4810-39-P
**EXHIBIT 33.3**

**REPORT ON ASSESSMENT OF COMPLIANCE WITH REGULATION AB SERVICING CRITERIA**

Crusade Management Limited (the “**Asserting Party**”) is responsible for assessing compliance as of September 30, 2007 and for the period from March 15, 2007 (the date of issuance of the Crusade Global Trust No. 1 of 2007 transaction subject to the requirements of Regulation AB) through September 30, 2007 (the “**Reporting Period**”) with the servicing criteria set forth in Section 229.1122(d) of the Code of Federal Regulations (the “**CFR**”), except for criteria 1122(d)(1)(ii), 1122(d)(1)(iv), 1122(d)(2)(iii)-(vi), 1122(d)(4)(i)-(ii) and 1122(d)(4)(iv)-(xiv) in the CFR, which the Asserting Party has concluded are not applicable to the activities it performs with respect to the asset-backed securities transactions covered by this report (the“**Applicable Servicing Criteria**”).

The transactions covered by this report include asset-backed securities transactions for which the Asserting Party acted as manager that are backed by the same asset type backing the class of asset-backed securities of the Crusade Global Trust No. 1 of 2007 (including the Crusade Global Trust No. 1 of 2007 asset-backed securities transaction), that were completed on or after January 1, 2006 and that were registered with the Securities and Exchange Commission (the “**SEC**”) pursuant to the Securities Act of 1933 (the “**Platform**”).

The Asserting Party used the criteria set forth in paragraph (d) of Item 1122 of Regulation AB to assess the compliance with the Applicable Servicing Criteria.  The Asserting Party has assessed its compliance with the Applicable Servicing Criteria as of September 30, 2007 and for the Reporting Period and has concluded that the Asserting Party has complied, in all material respects, with the Applicable Servicing Criteria with respect to the Platform taken as a whole.

KPMG, an independent registered public accounting firm, has issued an attestation report on the Asserting Party’s assessment of compliance with the Applicable Servicing Criteria as of September 30, 2007 and for the Reporting Period as set forth in this assessment.

Crusade Management Limited

|  /s/ Gregory M. Bartlett |   |
|-------------------------------|--------|

Name:  Gregory M. Bartlett

Title:  Director

Date:  17 December 2007
<PAGE>

                                                                    EXHIBIT 4.12

                     BERKSHIRE HATHAWAY FINANCE CORPORATION

                                OFFER TO EXCHANGE

        $700,000,000 PRINCIPAL AMOUNT OF ITS 3.40% SENIOR NOTES DUE 2007
             UNCONDITIONALLY GUARANTEED BY BERKSHIRE HATHAWAY INC.,
                           WHICH HAVE BEEN REGISTERED
 UNDER THE SECURITIES ACT OF 1933, FOR ANY AND ALL 3.40% SENIOR NOTES DUE 2007,
              UNCONDITIONALLY GUARANTEED BY BERKSHIRE HATHAWAY INC.

Instructions from Beneficial Owner

            The undersigned acknowledge(s) receipt of your letter and the
enclosed Prospectus and the related Letter of Transmittal in connection with the
offer by the Company to exchange the Exchange Notes for Outstanding Notes.

            This will instruct you to tender the principal amount of Outstanding
Notes indicated below held by you for the account of the undersigned, upon the
terms and subject to the conditions set forth in the Prospectus and the related
Letter of Transmittal.

            The undersigned represents that (i) the Exchange Notes acquired
pursuant to the Exchange Offer are being obtained in the ordinary course of the
undersigned's business, (ii) the undersigned is not engaging, does not intend to
engage, and has no arrangement or understanding with any person to participate
in the distribution of such Exchange Notes, (iii) the undersigned is not an
"affiliate," as defined under Rule 405 of the Securities Act, of the Company and
(iv) the undersigned is not acting on behalf of any person or entity that could
not truthfully make these statements. If the undersigned is a broker-dealer, it
acknowledges that it will deliver a copy of the Prospectus in connection with
any resale of the Exchange Notes.

                                                      Sign Here

                                         _____________________________________
                                                     Signatures(s)

<PAGE>

Securities which are to be tendered:

Tender all of the Outstanding Notes

     Aggregate Principal Amount*

 [ ] Outstanding Notes ____________

_____________________________________
         Name(s) (Please Print)

_____________________________________
             Address

_____________________________________
            Zip Code

_____________________________________
    Area Code and Telephone No.

Dated:__________________, 200[_]

--------------
* Unless otherwise indicated, it will be assumed that all of the Outstanding
Notes listed are to be tendered.

                                       2