alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Kuldip SINGH, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 11-72239.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2012.*

Filed Dec. 21, 2012.

Kuldip Singh, Concord, CA, pro se.

Michael Christopher Heyse, Trial, DOJ — U.S. Department of Justice, Washington, DC, for Respondent.

*671Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

*

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

MEMORANDUM **

Kuldip Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen and review de novo questions of law. *Mohammed v. Gonzales,*400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Singh’s motion to reopen on the ground that Singh failed to establish that he was prejudiced by the alleged ineffective assistance of his former attorneys. *See id.*at 793-94 (prejudice results when “the performance of counsel was so inadequate that it may have affected the outcome of the proceedings”).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
I 

108TH CONGRESS 

1ST SESSION H. R. 690

To amend title XIX of the Social Security Act to provide for coverage 

under the Medicaid Program of organ transplant procedures as an emergency medical procedure for certain alien children. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2003

Mr. GUTIERREZ introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL

To amend title XIX of the Social Security Act to provide 

for coverage under the Medicaid Program of organ transplant procedures as an emergency medical procedure for 

certain alien children.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alien Child Organ 

5 Transplant Act of 2003’’. 
2

•HR 690 IH 

1 SEC. 2. MEDICAID COVERAGE OF ORGAN TRANSPLANT 

2 PROCEDURES CONSIDERED AS AN EMER3 GENCY MEDICAL PROCEDURE FOR CERTAIN 

4 ALIENS WHO HAVE NOT ATTAINED THE AGE 

5 OF 18 YEARS. 

6 (a) AMENDMENT TO TITLE XIX OF THE SOCIAL SE7 CURITY ACT.—Section 1903(v)(2)(C) of the Social Secu8 rity Act (42 U.S.C. 1396b(v)) is amended to read as fol9 lows: 

10 ‘‘(C) such care and services are not related to 

11 an organ transplant procedure, unless the organ 

12 transplant is for an individual who has not attained 

13 the age of 18 years and who either was residing in 

14 the United States on the date of the enactment of 

15 the Alien Child Organ Transplant Act of 2003; or 

16 developed the medical condition necessitating an 

17 organ transplant while residing in the United 

18 States.’’. 

19 (b) CONFORMING AMENDMENT.—Section 

20 401(b)(1)(A) of the Personal Responsibility and Work Op21 portunity Reconciliation Act of 1996 (8 U.S.C. 

22 1611(b)(1)(A)) is amended—

23 (1) by striking ‘‘1903(v)(3)’’ and inserting 

24 ‘‘1903(v)’’; and 

25 (2) by striking ‘‘procedure,’’ and inserting ‘‘pro26 cedure (unless the alien has not attained the age of 
3

•HR 690 IH 

1 18 years and either was residing in the United 

2 States on the date of the enactment of the Alien 

3 Child Organ Transplant Act of 2003 or developed 

4 the medical condition necessitating an organ trans5 plant while residing in the United States),’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to care and services furnished on 

8 or after the date of the enactment of this Act.

Æ
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 this quarterly report on Form 10-Q of Homeland Energy Solutions, LLC (the “Company”) for the fiscal quarter ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Walter W. Wendland, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:








|   |                                                                                                                                  
|-- | ---------------------------------------------------------------------------------------------------------------------------------
|1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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/ Walter S. WendlandWalter S. Wendland,Chief Executive OfficerDated:May 16, 2011
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENT OF OPERATIONS AS OF, AND
FOR THE THREE-MONTH PERIOD ENDED, MARCH 31, 1997, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                               0
<SECURITIES>                                     6,229
<RECEIVABLES>                                   27,666
<ALLOWANCES>                                       555
<INVENTORY>                                          0
<CURRENT-ASSETS>                                43,361
<PP&E>                                          15,344
<DEPRECIATION>                                   7,305
<TOTAL-ASSETS>                                  86,830
<CURRENT-LIABILITIES>                           33,832
<BONDS>                                          1,633
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          7
<COMMON>                                           225
<OTHER-SE>                                      50,563
<TOTAL-LIABILITY-AND-EQUITY>                    86,830
<SALES>                                              0
<TOTAL-REVENUES>                                19,337
<CGS>                                                0
<TOTAL-COSTS>                                   10,810
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  66
<INCOME-PRETAX>                                    381
<INCOME-TAX>                                       236
<INCOME-CONTINUING>                                145
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       145
<EPS-PRIMARY>                                     0.01
<EPS-DILUTED>                                     0.01
        

</TABLE>
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

NO. CAAP-23-0000484

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

US BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF DWELLING SERIES IV TRUST, Plaintiff/Counterclaim Defendant-Appellee, v.

RANDOLPH BAHAM, Defendant/Crossclaim Defendant-Appellant, and ASSOCIATION OF APARTMENT OWNERS OF OPUA HALE PATIO HOMES, Defendant/Counterclaimant/Crossclaimant-Appellee, and TOYOKO BAHAM; JONAH KOGEN; AMERICAN SAVINGS BANK, F.S.B.;

MILILANI TOWN ASSOCIATION; STATE OF HAWAII, DEPARTMENT OF TAXATION, Defendants/Crossclaim Defendants-Appellees, and JOHN AND MARY DOES 1-20; DOE PARTNERSHIPS, CORPORATIONS,

OR OTHER ENTITIES 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 1CC181000323)

ORDER DISMISSING APPEAL (By: Leonard, Acting Chief Judge, Nakasone and McCullen, JJ.) Upon review of the record, it appears that: (1) The opening brief was due on or before December 29, 2023; (2) Self-represented Defendant/Crossclaim DefendantAppellant Randolph Baham ( Baham ) failed to file the opening brief; (3) On January 5, 2024, the appellate clerk entered a default notice informing Baham that the time for filing the opening brief had expired, the matter would be called to the court's attention on January 16, 2024, for appropriate action, which could include dismissal of the appeal, under Hawai i Rules Electronically Filed Intermediate Court of Appeals CAAP-23-0000484 06-MAR-2024 10:13 AM Dkt. 62 ODSDNOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

of Appellate Procedure Rule 30, and Baham could request relief from default by motion; and

(4) Since the default notice, Baham has not taken any further action in this appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.DATED: Honolulu, Hawai i, March 6, 2024. /s/ Katherine G. Leonard Acting Chief Judge /s/ Karen T. Nakasone Associate Judge /s/ Sonja M.P. McCullen Associate Judge

2
#### The People of the State of New York, Respondent, v Rene Rivera, Appellant.

[853 NYS2d 627]

The defendant’s contention that the evidence was legally insufficient to establish his guilt of murder in the second degree is unpreserved for appellate review *(see*CPL 470.05 [2]; *People v Finger,*95 NY2d 894, 895 [2000]; *People v Palompelli,*296 AD2d 557, 558 [2002]). In any event, viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), it was legally sufficient to establish, beyond a reasonable doubt, that the defendant, while acting in concert *(see*Penal Law § 20.00), caused the victim’s death and intended to do so *(see*Penal Law § 125.25 [1]; *People v James,*198 AD2d 146 [1993]).

Moreover, resolution of issues of credibility is primarily a matter to be determined by the jury, which saw and heard the witnesses, and its determination should be accorded great deference on appeal *(see People v Romero,*7 NY3d 633, 644-645 [2006]; *People v Mateo,*2 NY3d 383, 410 [2004]). Upon the exercise of our factual review power *(see*CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence *(see People v Romero,*7 NY3d 633 [2006]).

Viewing the record as a whole, the defendant was afforded *784meaningful representation *(see People v Henry,*95 NY2d 563, 566 [2000]; *People v Ford,*86 NY2d 397, 404 [1995]).

The remaining contentions raised in the defendant’s supplemental pro se brief are unpreserved for appellate review and, in any event, either are without merit or do not warrant reversal. Spolzino, J.P., Florio, Angiolillo and Dickerson, JJ., concur.
**Exhibit 32.1**

**Certification of Chairman andChief Executive Officer**

**Pursuantto 18 U.S.C. of Section 1350, as Created by Section 906 of the Sarbanes-OxleyAct of 2002**

Theundersigned officer of Watson Pharmaceuticals, Inc. (the “Company”), herebycertifies, to such officer’s knowledge, that:

(i)                                     the Quarterly Report on Form 10-Q of theCompany for the quarter ended June 30, 2007 (the “Report”) fully complies withthe requirements of Section 13(a) or Section 15(d), as applicable, of theSecurities Exchange Act of 1934, as amended; and

(ii)                                  the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.
| Date:  August 6, 2007 | ** ** | ** **                            |
|----------------------------|------------|---------------------------------------|
|                       | By:        | **/s/  Allen Chao**                   |
|                       |       |                                  |
|                       |       | Allen Chao,  Ph.D.                    |
|                       |       | Chairman and  Chief Executive Officer |
|                       |       | (Principal  Executive Officer)        |

 

The foregoing certificationis being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350,and is not being filed for purposes of Section 18 of the Securities ExchangeAct of 1934, as amended, and is not to be incorporated by reference into anyfiling of the Company, whether made before or after the date hereof, regardlessof any general incorporation language in such filing.

----
Exhibit 99.1




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

In connection  with the Annual  Report on Form 10-KSB of VHS Network,  Inc. (the
Company) for the year ended  December 31, 2002 as filed with the  Securities and
Exchange  Commission  on the  date  hereof  (the  Report),  George  J.  Beattie,
President and Chief Executive Officer of the Company, hereby certifies, pursuant
to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the  Sarbanes-Oxley Act
of 2002, to the best of his/her knowledge, 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.

By:                                    /s/ Elwin D. Cathcart
                                      ----------------------------------
                                           Elwin D. Cathcard
                                           Chief Executive Officer
                                           Principal Financial Officer
                                           May 22, 2002

This  certification   accompanies  this  Report  pursuant  to  ss.  906  of  the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed filed by the Company for purposes of ss.
18 of the Securities Exchange Act of 1934, as amended.
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA

v. : [PROPOSED] AMENDED ORDER OF

RESTITUTION

MICHAEL ARATO : Cr. No. 11-090 (JLL)

AL RAIMI : Cr. No. 11-116 (JLL)

Defendant Michael Arato and defendant Al Raimi having

been convicted of and sentenced in the above-captioned cases for

violating Title 18, United States Code, Section 201 (Bribery of a

Public Official) and Title 18, United States Code, Section 654

(Theft by a Government Officer), respectively, and the Court

having ordered restitution as part of the Judgements of

Conviction against both defendants; and following the entry of

those Judgements, the Office of the Inspector General -

Department of Homeland Security (OIG-DHS) having determined that

it still had $250 in its possession that defendant Arato had

stolen from certain of the victims, namely victim M.C. ($100),

victim V.D. ($100) and victim E.K. ($50), and that had been

obtained by OIG-DHS during the course of the investigation; and

the government now seeking to return this money directly to these

victims from whom it was stolen and to have the amounts to be

returned to these victims by OIG-DHS deducted from the

restitution amounts previously ordered for these victims; and the

defense counsel for both defendants having consented to the

restitution order being amended as follows;

IT IS on this Wday of April, 2012,

ORDERED, that the previous restitution ordered in these

cases be amended as follows:

Name of Payee (victim): Amount of Restitution

J.V. $1,450

D.B. $1,000

C.S. $ 300

A.A. $6,000

K.S. $ 500

V.J. $ 500
T.B. $9,900

M.R. $3,000

RS. $ 700

M.C. $ 300

V.D. $ 100

E.K. $ 50

C.N. $ 100

It is further ORDERED that the following money that is

still in the possession of OIG-DHS be returned upon entry of this

Order, as follows.

Name of Payee (victim): Amount to be Returned

M.C. $ 100

V.D. $ 100

E.K. $ 50

It is further ORDERED that the amounts ordered

represent the total amounts due to the victims for these losses.

The amounts shall be payable without interest. A defendant’s

restitution obligation shall not be affected by any restitution

payments made by the other defendant, except that no further

payments shall be required after the sums of the amounts actually

paid by all defendants have fully satisfied these losses.

States District Judge

2
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
ELIAS FOR C ELLEDO,

Pla i ntiff-Appe lla

nt,
v. NANC Y A. B ERR

YHILL, Ac ting C om m issione r Soc ia l Se c urity , De fe nda nt-Appe l le e . No. 16-35408 D.C . No. 3:15-c v-00824-AA
M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Distric t of Ore gon Ann L. Aike n, Distric t Judge , Pre siding Argue d a nd Subm itte d M ay 9, 2018 Portla nd, Ore gon B e fore : R

AW LINSON a

n d C HRISTEN, C i rc uit Judge s, a nd GAR B IS, ** Distric t Judge
. Elia s Forc e lle do (Forc e lle do) a ppe a l s the distric t c ourt’ s de c i sion a ffirm ing the C om m issione r of Soc ia l Se c urity ’ s de nia l of Forc e l le do’ s a pplic ation for 

# FIL ED
JUN 07 2018 M OLLY C. DW Y ER, CLERK U

. S. CO URT O F APPEALS

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

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

by Ninth C irc uit R

ule 36-3.

* * The Honora

ble M arvin J. Ga

rbis, Unite d State s Distric t Judgefor the Distric t of M ary la

nd, sitting by

de s igna tion.supple m e nta l se c urity insura nc e be ne fits. W e have jurisdic tion under 28 U.S.C
. § 1291, a nd we a ffirm
. Substa ntia l e v i de nc e supports the a dm inistra

tive la w judge ’ s finding tha

t Forc e l le d o wa s not e ligiblefor supple m e nta l se c urity inc om e be c a

u se , on this
re c o rd, Forc e lle do fa ile d to m e e t his burden to e sta b lish e ligibility

for soc i a l
se c urity be n e fits with a

showing tha

t he ha s a c l e arly -de fine d im

m i gration sta

tus. Se e W e llington v. Be rry hill , 878 F.3d 867, 871 (9th C ir. 2017) (re vie wing the ALJ’ s de c ision for substa ntia l e vide nc e ). Additionally , to the e xte nt the re wa s a due proc e ss viola

tion, Forc e lle do ha s not shown pre j udic e due to his ina

bility to de m onstra

te his e ligibility

for be ne fits. Se eLudw ig v . Astrue , 681 F.3d 1047, 1054 (9th C ir. 2012) (“ R e ve rsa l on a c c ount of e rror is not a utom at ic , but re quire s a de te rm i nation of pre

judic e . . . . ” ) (footnote re fe re nc e om itte d). AFFIRM E D.

2
Exhibit 31.1.1

CERTIFICATIONS UNDER SECTION 302

I, Thomas A. Bologna, certify that:

1. I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K/A of Orchid Cellmark Inc.; and

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, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.

Date: April 29, 2011



|                                     
|-------------------------------------
|/S/    THOMAS A.
BOLOGNA             
|Thomas A. Bologna                    
|President and Chief Executive Officer
|(Principal Executive Officer)
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

CARLOS D. WALKER, )

)

Appellant, )

)

v. ) Case No. 2D18-1001

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed March 1, 2019. 

Appeal pursuant to Fla. R. App. P. 

9.141(b)(2) from the Circuit Court for Collier 

County; Christine H. Greider, Judge. 

Carlos D. Walker, pro se. 

PER CURIAM.

Affirmed. 

VILLANTI, MORRIS, and LUCAS, JJ., Concur.
Exhibit 31.1



CERTIFICATION PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



CERTIFICATION



I, Sushil Dhiman, certify that:



|1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K for the fiscal year ended January 3, 2016 of SMTC Corporation;
|-- | -------------------------------------------------------------------------------------------------------------------------------------



|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, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------





Date: April 29, 2016



|                                     
|-------------------------------------
|/s/ Sushil Dhiman                    
|Sushil Dhiman                        
|                                     
|President and Chief Executive Officer
EX-10.13



 Exhibit 10.13 
 Exhibit 10.13 
 The following current executive officers have entered into
Executive Severance Agreements with the Company in the form filed herewith. The information listed below is inserted into the blanks for the respective executive officer’s Executive Severance Agreement. 

 

																
	 	  	Salary
Multiplier	  	 	  	 Change of Control

 

	 	  	 Rate

 
	  	Termination
Period	  	Continuation
Period
	 	  	(Section 4(a)(4))	  	(Section 1(n))	  	(Section 2)
	 Blake W. Krueger
	  	 	 	3	 	  	 	 	3 years	 	  	 	 	36 months	 
	 Donald T. Grimes
	  	 	 	2	 	  	 	 	2 years	 	  	 	 	24 months	 
	 Pamela L. Linton
	  	 	 	2	 	  	 	 	2 years	 	  	 	 	24 months	 
	 James D. Zwiers
	  	 	 	2	 	  	 	 	2 years	 	  	 	 	24 months
CERTIFICATION OF CEO AND CFO PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                    ss. 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-KSB of Dialex Minerals Inc. (the
Company) for the year ended  December 31, 2004 as filed with the  Securities and
Exchange  Commission on the date hereof (the Report),  I,  Alexander G. Stewart,
Chief Executive Officer of the Company, hereby certifies,  pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002, to
the best of his/her knowledge, 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.

Date: March 21, 2005

By:                      /s/ Alexander G. Stewart
                         ----------------------------------
                         Alexander G. Stewart
                         Chief Executive Officer


This  certification   accompanies  this  Report  pursuant  to  ss.  906  of  the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed filed by the Company for purposes of ss.
18 of the Securities Exchange Act of 1934, as amended.