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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DARRYL L. HAWKINS,

 Petitioner - Appellant,

 v.

LOUIS W. WINN, Jr.,

 Respondent - Appellee.

No. 14-15201

D.C. No. 4:13-cv-00049-BGM

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Bruce G. Macdonald, Magistrate Judge, Presiding**

Submitted July 21, 2015***

Before: CANBY, BEA, and MURGUIA, Circuit Judges.

Federal prisoner Darryl L. Hawkins appeals pro se from the district court’s 

judgment denying his 28 U.S.C. § 2241 habeas corpus petition. We have 

jurisdiction under 28 U.S.C. § 1291. We review de novo the denial of a section 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by 9th Cir. R. 36-3.

 

 ** The parties consented to proceed before a magistrate judge.

*** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUL 27 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 14-15201

2241 petition, see Tablada v. Thomas, 533 F.3d 800, 805 (9th Cir. 2008), and we 

affirm.

Hawkins was arrested on November 13, 1993. He acknowledges that he 

has received credit towards his federal sentence for the time between his arrest on 

November 13, 1993, and October 31, 1995, the day before his state sentence 

commenced. However, he argues that he is also entitled to credit towards his 

federal sentence for the period between the commencement of his state sentence on 

November 1, 1995, and the expiration of his state sentence on June 5, 2005, 

because he was allegedly in primary federal custody during that time. Contrary to 

this argument, the record reflects that Hawkins was in primary state custody and 

received credit against his state sentence for this time period. He is, therefore, not 

entitled to any additional federal credit. See 18 U.S.C. § 3585(b); United States v. 

Wilson, 503 U.S. 329, 337 (1992) (defendant may not receive “double credit for his 

detention time”).

Hawkins’ motion for judicial notice and motion for an evidentiary hearing 

are denied.

AFFIRMED.
PAUL E. KNIGHT

,

Petitioner,

v.

TIM OTHY H. CANNON

, SECRETARY, FLORIDA
DEPARTMENT OF CORRECTIONS, AND R. COMERFORD, WARDEN,
SANTA ROSA CORRECTIONAL
INSTITUTE

,

Respondent s

.

___________________________/ IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT , STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 985

Opinion filed December 4, 2014.

Petition for Writ of Certiorari

— Original Jurisdiction.

Paul E. Knight, pro se

, Petiti oner.

Pamela Jo Bondi, Attorney General, and Tammy S. Metcalf, Assistant Attorney General, Tallahassee , for Respondent s

.

PER CURIAM.

The petition is denied on the merits.

LEWIS, C.J., and VAN NORTWICK and SWANSON, JJ., CONCUR.
EXHIBIT 21
                                  SUBSIDIARIES

All  of  the  Company's  subsidiaries  are  wholly-owned:

<TABLE>
<CAPTION>



Company                          Jurisdiction of Organization
-------------------------------  ----------------------------
<S>                              <C>
Criticare Service GmbH. . . . .  Germany
Sleep Care, Inc.. . . . . . . .  Delaware
Criticare (FSC), Inc. . . . . .  Wisconsin
CSI International, Corp. (DISC)  Wisconsin
Criticare Biomedical, Inc.. . .  Wisconsin
CSI Trading, Inc. . . . . . . .  Wisconsin
</TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

ROBERT VINCENT SALCEDO, 

Defendant-Appellant.

No. 16-50191

D.C. No. 2:15-cr-00260-AB

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

André Birotte, Jr., District Judge, Presiding

Submitted December 17, 2018**

Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges. 

Robert Vincent Salcedo appeals from the district court’s judgment and 

challenges the 110-month sentence imposed following his guilty-plea conviction 

for possession of an unregistered firearm, in violation of 26 U.S.C. § 5861(d). We 

have jurisdiction under 28 U.S.C. § 1291, and we affirm but remand for the district 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

DEC 21 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 16-50191 

court to amend the judgment.

Salcedo argues that his prior conviction for carjacking under California 

Penal Code § 215 is not a crime of violence and, therefore, the district court erred 

in applying a base offense level of 22 under U.S.S.G. § 2K2.1(a)(3). This 

argument is foreclosed for Salcedo, who was sentenced prior to the August 1, 2016 

amendment to the Guidelines’ definition of generic extortion. See United States v. 

Velasquez-Bosque, 601 F.3d 955, 959 (9th Cir. 2010) (§ 215 is a categorical crime 

of violence because it criminalizes the same or less conduct as the combination of 

generic robbery and generic extortion); see also United States v. Bankston, 901 

F.3d 1100, 1104 (9th Cir. 2018) (Amendment 798 to the Guidelines, which 

narrowed the definition of generic extortion, does not apply retroactively). 

Salcedo’s argument that Descamps v. United States, 570 U.S. 254 (2013), is clearly 

irreconcilable with Velasquez-Bosque or with the case on which it relies, United 

States v. Becerril-Lopez, 541 F.3d 881 (9th Cir. 2008), is also foreclosed. See 

United States v. Chavez-Cuevas, 862 F.3d 729, 740 (9th Cir. 2017) (“Descamps

did not impliedly abrogate Becerril-Lopez”), cert. denied, 138 S. Ct. 1179 (2018). 

Nor does Solorio-Ruiz v. Sessions, 881 F.3d 733 (9th Cir. 2018), compel a different 

result because the statute at issue there, 18 U.S.C. § 16(a), does not contain an 

enumerated offense clause. See United States v. Flores-Mejia, 687 F.3d 1213-

1215-16 (9th Cir. 2012).
3 16-50191 

Salcedo next contends, and the government concedes, that the case should be 

remanded to conform the written judgment to the oral pronouncement of sentence. 

We agree. We remand to the district court to amend the judgment to conform to 

the court’s oral pronouncement that the sentence in this case is to run concurrently 

to Salcedo’s state sentence. See United States v. Hernandez, 795 F.3d 1159, 1169 

(9th Cir. 2015).

AFFIRMED; REMANDED to correct the judgment.
Order filed May 9, 2013

In The

Eleventh Court of Appeals __________

No. 11-13-00054-CR

__________

MARK JOSEPH SHUMSKI, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 271st District Court

Wise County, Texas

Trial Court Cause No. CR16247

O R D E R

This appeal has become stalled due to the failure of Jeffery Goodwyn, the 

court reporter for the 271st District Court, to prepare and file in this court the 

reporter’s record. The reporter’s record was originally due on February 11, 2013. 

On March 13, 2013, Goodwyn filed a request for an extension of time in which to 

file the reporter’s record. On April 2, 2013, this court granted the request in part
2

and extended the deadline to April 12, 2013. We have had no further 

communication from Mr. Goodwyn. 

By this order, Jeffery Goodwyn is ORDERED to file the reporter’s record in 

this cause on or before May 24, 2013. 

It is further ordered by this court that the clerk of this court furnish a copy of 

this order to the trial court from which this appeal has been taken.

PER CURIAM

May 9, 2013

Do not publish. See TEX. R. APP. P. 47.2(b). 

Panel consists of: Wright, C.J.,

McCall, J., and Willson, J.
EXHIBIT NO. 32.1
Form 10-QSB
Marketing Acquisition Corporation
File No. 0-52072

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

In connection  with the Quarterly  Report of Marketing  Acquisition  Corporation
(Company) on Form 10-QSB for the period ended  September 30, 2007, as filed with
the Securities and Exchange  Commission on the date hereof (Report),  I, Timothy
P. Halter,  Chief  Executive  and  Financial  Officer of the  Company,  certify,
pursuant to 18 U.S.C.  Section  1350,  adopted as 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 result of operations of
          the Company.


Dated: October 24, 2007                      By: /s/ Timothy P. Halter
       ----------------                         --------------------------------
                                                               Timothy P. Halter
                                                     Chief Executive Officer and
                                                         Chief Financial Officer


A signed  original of this  written  statement  required by Section 906 has been
provided to Marketing Acquisition  Corporation and will be retained by Marketing
Acquisition  Corporation and furnished to the Securities and Exchange Commission
or its staff upon request.
Exhibit 32.2



Certification of Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section
1350, Chapter 63 of Title 18, United States Code)



Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Sharper Image Corporation, a Delaware corporation (Sharper Image), does
hereby certify that:



| | a) | The Annual Report on Form 10-K for the fiscal year ended January 31, 2005 (the Form 10-K) of Sharper Image fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | b) | The information contained in the Form 10-K fairly presents, in all material respects, the financial condition and result of operations of Sharper Image.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Jeffrey E. Nachbor 
|    |  | Jeffrey E. Nachbor     
|    |  | Chief Financial Officer
|    |  | May 3, 2005
**Exhibit 32.1**

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Quarterly Report of ICO Global Communications (Holdings) Limited (the “Company”)on Form 10-Q for the period ending March 31, 2007 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), J.Timothy Bryan, Chief Executive Officer of the Company (principal executiveofficer), and Dennis Schmitt, Senior Vice President - Finance (principalfinancial and accounting officer), each hereby certifies, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that,to the best of their knowledge:

(1)   The Reportfully complies with the requirements of Sections 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

(2)   The information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.
| /s/ J. Timothy Bryan                                      |     | /s/ Dennis  Schmitt                                                             |
|-----------------------------------------------------------|----------|---------------------------------------------------------------------------------|
| J. Timothy Bryan                                          |     | Dennis Schmitt                                                                  |
| *Chief  Executive Officer  (principal executive officer)* | * * | *Senior Vice President - Finance  (principal financial and accounting officer)* |
| May 14, 2007                                         |     | May 14, 2007                                                               |

 

A signed original of this written statement requiredby Rule 13a-14(b) of the Securities Exchange Act of 1934, asamended, and Section 1350 of Chapter 63 of Title 18 of the United StatesCode (18 U.S.C. Section 1350), has been provided to ICO Global Communications(Holdings) Limited and will be retained by ICO Global Communications (Holdings)Limited and furnished to the Securities and Exchange Commission or its staffupon request. This certification accompanies the Form 10-Q to whichit relates, is not deemed filed with the Securities and Exchange Commission andis not to be incorporated by reference into any filing of ICO GlobalCommunications (Holdings) Limited under the Securities Act of 1933, as amended,or the Securities Exchange Act of 1934, as amended (whether made before orafter the date of the Form 10-Q), irrespective of any generalincorporation language contained in such filing.

----
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_______________

No. 97-21012

_______________

NATIONAL UNION FIRE INSURANCE COMPANY

OF PITTSBURGH, PENNSYLVANIA,

Plaintiff-Appellee,

VERSUS

MARIO TURTUR,

Defendant-Appellant.

_________________________

Appeal from the United States District Court

for the Southern District of Texas

(H-94-MC-278)

_________________________

NOvember 13, 1998

Before KING, JONES, and SMITH, Circuit Judges.

PER CURIAM:*

We have reviewed the briefs and have heard oral argument from

counsel and have examined pertinent portions of the record. Much

of defendant Turtur's defense is actually an attempt to challenge

the turnover order collaterally; this is improper. We see no error

in the order of November 25, 1997, which, in part, finds Turtur in

civil contempt and directs him to pay certain sums and produce
2

statements of account, or be incarcerated for failure to comply, or

in the order of December 18, 1997, which, in part, orders Turtur to

pay certain sums or be remanded to custody.

This court is of the opinion that it is time for this

seemingly endless litigation to be brought to conclusion, in light

of the lack of merit in any of Turtur's arguments. AFFIRMED.
EXHIBIT
31.2





CERTIFICATION





I,
Corrado De Gasperis, certify that:





1. I have
reviewed this quarterly report on Form 10-Q of Novamerican Steel
Inc.;





2. Based
on my knowledge, this quarterly report does 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 quarterly
report;





3. Based
on my knowledge, the condensed consolidated financial statements, and other
financial information included in this quarterly report, fairly present in all
material respects the financial condition, results of operations and cash flows
of the registrant as of, and for, the periods presented in this quarterly
report;





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





a)
designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report is being prepared;





b)
evaluated the effectiveness of the registrant’s disclosure controls and
procedures and presented in this quarterly 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 such evaluation; and





c)
disclosed in this report any change in the registrant’s internal control over
financial reporting that occurred during the registrant’s most recent fiscal
quarter that has materially affected, or is reasonably likely to materially
affect, the registrant’s internal control over financial reporting;
and





5. The
registrant’s other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the
registrant’s registered public accounting firm and the audit committee of the
registrant’s board of directors (or persons performing the equivalent
functions):





a) all
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the registrant’s ability to record, process, summarize and
report financial information; and





b) any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant’s internal control over financial
reporting.





Date:
October 10, 2008








/s/
      Corrado De GasperisCorrado
      De Gasperis(Principal
      Financial Officer)
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ANTHONY VINCENT LATERZA,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D16-3536 

[October 19, 2017]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Glenn D. Kelley, Judge; L.T. Case Nos. 50-2011-CF001935-AXXX-MB & 50-2016-CF-002724-AXXX-MB.

Anthony V. Laterza, Mayo, pro se. 

Pamela Jo Bondi, Attorney General, Tallahassee, and Allen R. Geesey, 

Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

GERBER, C.J., MAY and LEVINE, JJ., concur. 

* * *

Not final until disposition of timely filed motion for rehearing.
PM-EX10.21_12.31.12-Q4


Exhibit 10.21


[LETTERHEAD OF PHILIP MORRIS INTERNATIONAL]






PERSONAL AND CONFIDENTIAL


HAND DELIVERY




To: Andre Calantzopoulos    Lausanne, April 1, 2012






Dear Andre,


Further to your annual performance assessment and discussion with your supervisor, we are pleased to confirm that effective April 1, 2012, your gross base salary is being increased by 3%


from     CHF 1'433'146.-- p.a.*        CHF 110'242.-- p.m.*
to      CHF 1'476'150.-- p.a.*        CHF 113'550.-- p.m.*


Your new Position in Range as a result of this salary increase will be 53%.


It is agreed and understood that this letter will for all purposes be regarded as a continuation of your employment with Philip Morris International Management SA.


All other conditions relating to your employment Philip Morris International Management SA remain as stated in your employment contract and, if applicable, in any subsequent amendments.


We would like to take this opportunity to wish you continued success and satisfaction.




Yours sincerely,




PHILIP MORRIS INTERNATIONAL MANAGEMENT SA


/s/       NICOLA ARTINGSTALL RAVUSSIN


            
Nicola Artingstall Ravussin 
Director Human Resources 
Business Partner Switzerland








*p.a. = annual
*p.m. = monthly



Philip Morris International Management SA, Avenue de Rhodanie 50, 1007 Lausanne, Switzerland  
T:+41 (58) 242 00 00, F: +41 (58) 242 01 01, W: www.pmi.com
#### BOURDEAU BROS, INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Deere & Company, Intervenor.

No. 2012-1262.

United States Court of Appeals, Federal Circuit.

Feb. 20, 2013.

David P. Miranda, Heslin Rothenberg Farley & Mesiti P.C., of Albany, New York, argued for appellant. With him on the brief were Nicholas Mesiti and Brett M. Hutton.

Michael K. Haldenstein, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With him on the brief were Dominic L. Bianchi, Acting General Counsel, and Wayne W. Herrington, Assistant General Counsel.

Bassam N. Ibrahim, Buchanan Ingersoll & Rooney, PC, argued for intervenor. With him on the brief were S. Lloyd Smith and Bryce J. Maynard.

NEWMAN, LOURIE, Circuit Judges and DAVIS,* Chief District Judge.

*

 Honorable Leonard Davis, Chief Judge, United States District Court for the Eastern District of Texas, sitting by designation.

JUDGMENT

PER CURIAM.

This Cause having been heard and considered, it is Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
EXHIBIT
32.1





CERTIFICATION





Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), each of the
undersigned officers of Novamerican Steel Inc. (the “Company”) does hereby
certify, to such officer’s knowledge, that:





The
Quarterly Report on Form 10-Q for the quarterly period ended August 30, 2008
(the “Form 10-Q”) of the Company fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and
the information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the
Company.





Dated:
      October 10, 2008
            
            /s/
      Corrado De
      GasperisCorrado
      De Gasperis
              (Principal
      Executive Officer)Dated:
      October 10, 2008
            
            /s/
      Corrado De
      GasperisCorrado
      De Gasperis
              (Principal
      Financial Officer)








This
certification accompanies the Form 10-Q pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and will not, except to the extent required by such
Act, be deemed filed by the Company for purposes of Section 18 of the Exchange
Act.





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.
EXHIBIT 10.7

              Agreement with Howard B. Hillman dated June 21, 2001









June 21, 2001





To Whom It May Concern:


The purpose of this letter is to document my commitment of ongoing financial
support to Auto-trol Technology Corporation and it's subsidiaries (the Company),
which support will be sufficient to enable the Company to continue as a going
concern through December 31, 2002.


Sincerely,





Howard B. Hillman
President