alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

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

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

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

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

AMERICA JEANNETTE DE LEON

COLOCHO,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-71931

Agency No. A044-804-462

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 19, 2010** 

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges. 

America Jeannette de Leon Colocho, a native and citizen of El Salvador,

petitions for review of the Board of Immigration Appeals’ (“BIA”) order

dismissing her appeal from an immigration judge’s (“IJ”) removal order. We have

FILED

OCT 27 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-71931

jurisdiction under 8 U.S.C. § 1252. “[W]e review for whether substantial evidence

supports a finding by clear, unequivocal and convincing evidence that [Colocho]

abandoned [her] lawful permanent residence in the United States.” Khodagholian

v. Ashcroft, 335 F.3d 1003, 1006 (9th Cir. 2003). We deny the petition for review. 

Substantial evidence supports the agency’s determination that the

government met its burden of showing Colocho abandoned her lawful permanent

resident status because the record does not compel the conclusion that she intended

to promptly return to the United States during the seven years she lived in El

Salvador. See Singh v. Reno, 113 F.3d 1512, 1514 (9th Cir. 1997) (stating that

“[t]he relevant intent is not the intent to return ultimately, but the intent to return to

the United States within a relatively short period”). 

We agree with the agency that Khodagholian is distinguishable. See

Khodagholian, 335 F.3d at 1007-08 (petitioner had a continuous, uninterrupted

intent to return to the U.S. based on evidence he sought to sell assets and wind up

his affairs while in Iran and during one six-month visit cared for a terminally ill

mother and orphaned nephews).
3 08-71931

Colocho’s contentions that the IJ applied the incorrect burden of proof and

that the BIA abused its discretion by failing to consider all of the relevant factors is

belied by the record. 

PETITION FOR REVIEW DENIED.
NUMBER 13-07-00474-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

______________________________________________________________

KEMP DUBEA, SUN VALLEY ENTERPRISES, INC., 

BETTYE ESTILETTE, AND GENE ESTILETTE, Appellants,

v.

CURTIS CRANE , Appellee.

_____________________________________________________________

On appeal from the 107th District Court of Cameron County, Texas.

______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Garza

Memorandum Opinion Per Curiam

Appellants, Kemp Dubea, Sun Valley Enterprises, Inc., Bettye Estilette, and Gene

Estilette, appealed a judgment rendered against them in the 107th District Court of

Cameron County, Texas. On September 13, 2007, the Clerk of this Court notified

appellants that the clerk's record in the above cause was originally due on August 17,
2

2007, and that the deputy district clerk, Laura Cisneros, had notified this Court that

appellants failed to make arrangements for payment of the clerk's record. The Clerk of this

Court notified appellants regarding this defect so that steps could be taken to correct the

defect, if it could be done. See TEX. R.APP.P. 37.3, 42.3(b),(c). Appellants were advised

that, if the defect was not corrected within ten days from the date of receipt of this notice,

the appeal would be dismissed for want of prosecution. On August 17, 2007, the Clerk had

similarly notified appellants regarding their failure to make payment arrangements for the

reporter’s record in this cause. Appellants failed to respond to the Court’s notices. 

The Court, having considered the documents on file, is of the opinion that the

appeal should be dismissed. See id. 37.3, 42.3(b),(c). Accordingly, the appeal is

DISMISSED. 

PER CURIAM

Memorandum Opinion delivered and 

filed this the 17th day of April, 2008.
Exhibit 32.2
 CERTIFICATION OF CHIEF FINANCIAL OFFICER
 PURSUANT TO SECTION 906 OF THE SARBANESOXLEY ACT OF 2002
  (a)
    
    the Form 10Q of the Company for the quarter ended September 30, 2007 filed on the date
hereof with the Securities and Exchange Commission (the Report) fully complies with the
requirements of Section 13(a) or 15(d) of the Securities and Exchange Act of 1934; and(b)
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 By:
    /s/ John R. Troka, Jr.John R. Troka, Jr.Interim Chief Financial Officer
f8k021111ex10iv_westergaard.htm


Exhibit 10.4



 


Supply Agreement


 


Contract No.: 20100724


Place of Signing:Jinjiang


Date: 7/25/2010


Buyer: Fujian Jinjiang Chendai Ansheng Shoes&Clothing Co., Ltd.


Seller: JinJiang Hongbao Shoe material trading Co., Ltd.







1. Name, Specification, Quantity, Price, Delivery Schedule and Quality of the Product



	
Item

	
Unit

	
Quantity

	
Price(RMB)

	
Amount(RMB)

	
Delivery Schedule


	
D-7 Microfiber

	
yard

	
10906

	
69.00

	
752514.00

	
-


	
Thick Lithi Microfiber

	
yard

	
1312

	
100.00

	
131200.00

	
-


	
Tilt Space

	
yard

	
12822

	
40.00

	
512880.00

	
-


	
R-8 Microfiber

	
yard

	
4289

	
68.00

	
291652.00

	
-


	
Thin Space

	
yard

	
8849

	
39.00

	
345111

	
-


	
Spot Water-proof Space

	
yard

	
7983

	
53.00

	
423099

	
-


	
R-8 Space

	
yard

	
12017

	
38.00

	
456646

	
-












2. Quality and Technical Standards, Period and Condition of Quality Guarantee:


Subject to the sample provided after the order is confirmed.







3. Method and Place of Delivery: Ansheng’s warehouse







4. Method, Destination and Cost of Transportation:


The Seller shall bear all the shipping cost.







5. Package Standard, Supply and Recovery of the Packing Material:


Subject to the order.







6. Standard and Method of Inspection and Acceptance, Period for Objection:


Subject to the sample and quality control manual supplied by the Seller.







7. Period and Method of Payment:


When requested by the Buyer, the Supplier shall deliver the products with the ordered quality and quantity to the place designated by the Buyer along with the necessary invoices and documents. The Buyer shall make the payment within 2 month after the delivery.







8. Breach of Contract:


If there is any damage or loss caused by a) delay of delivery; b) quality problem; and/or c) lack of quantity, the Supplier shall bear the liability.







9. Dispute Settlement:


By friendly consultations.


 




  





  











  











10. Miscellaneous







11. There are two counterparts of this Agreement. This Agreement shall take effect at the date hereof.








	
Buyer

	 	
Seller


	 	 	 
	/s/ JinJiang Hongbao Shoe material trading Co., Ltd.	 	/s/ Fujian Jinjiang Chendai Ansheng Shoes&Clothing Co., Ltd.
	Company Name:   JinJiang Hongbao Shoe material trading Co., Ltd.	 	Company Name:  Fujian Jinjiang Chendai Ansheng Shoes&Clothing Co., Ltd.
	
Address: Pengtou, Chendai Town, Jinjiang

	 	
Address: Andou Industry Park


	
Legal Representative:

	 	
Legal Representative:


	
Agent:

	 	
Agent:


	
Tel: 0595-85185151

	 	
Tel:0595-85187788


	
Bank Name:

	 	
Bank Name:


	
Bank Account:

	 	
Bank Account:


	
Taxpayer Identification Number:

	 	
Taxpayer Identification Number:
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-50410 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOHN PAT MAXWELL, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. W-99-CV-107 (W-91-CR-55-2)

-------------------- December 8, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM: * John Maxwell, Texas inmate # 56084-080, pleaded guilty to and was convicted of one count of possession of amphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and one count of carrying a firearm during the commission of a felony, in violation of 18 U.S.C. § 924(c). He seeks a certificate of appeal (COA) from the dismissal of his petition for habeas relief filed pursuant to 28 U.S.C. § 2241.No. 99-50410 -2- Because the district court ruled on the merits of Maxwell’s § 2241 petition, Maxwell’s motion for a COA is DENIED as
unnecessary. Ojo v. INS , 106 F.3d 680, 681 (5th Cir. 1997). Maxwell’s argument that he cannot be convicted of “using” or “carrying” a firearm under Bailey v. United States , 516 U.S. 137 (1995), is refuted by the factual basis for his guilty plea which indicates that Maxwell carried a rifle while he was in possession of amphetamine. United States v. Hall , 110 F.3d 1155, 1161 (5th Cir. 1997). The district court’s denial of Maxwell’s § 2241 petition is AFFIRMED.
United States Court of Appeals 

for the Fifth Circuit ____________ 

No. 22-40043 

____________ 

Feds for Medical Freedom; Local 918, American 

Federation of Government Employees; Highland 

Engineering, Incorporated; Raymond A. Beebe, Jr.; John 

Armbrust; Et al., 

Plaintiffs—Appellees, 

versus

Joseph R. Biden, Jr., in his official capacity as President of the United 

States; The United States of America; Pete Buttigieg, in 

his official capacity as Secretary of Transportation; Department of 

Transportation; Janet Yellen, in her official capacity as Secretary 

of Treasury; Et al., 

Defendants—Appellants. 

______________________________ 

Appeal from the United States District Court 

for the Southern District of Texas 

USDC No. 3:21-CV-356 

______________________________ 

UNPUBLISHED ORDER 

United States Court of Appeals 

Fifth Circuit 

FILED 

September 26, 2024 

Lyle W. Cayce 

Clerk 

Case: 22-40043 Document: 354-2 Page: 1 Date Filed: 09/26/2024
No. 22-40043 

2 

Before Richman, Chief Judge, and Jones, Smith, Barksdale, 

Stewart, Dennis, Elrod, Southwick, Haynes, Graves, 

Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, 

and Wilson, Circuit Judges.

Per Curiam:* 

 This case is before us on remand from the Supreme Court, which 

vacated and remanded our judgment. Biden v. Feds for Med. Freedom, 144 S. 

Ct. 480, 480–81 (2023). Accordingly, consistent with the Supreme Court’s 

opinion, we REMAND this case to the district court and direct it to 

VACATE as moot its order granting a preliminary injunction. The Clerk is 

directed to issue the mandate forthwith. 

 

_____________________ 

*

 Judges Douglas and Ramirez joined the court after this case was submitted to the 

en banc court and did not participate in this decision. 

Case: 22-40043 Document: 354-2 Page: 2 Date Filed: 09/26/2024
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS OF JUNE 30, 1999 AND THE CONSOLIDATED STATEMENT OF
OPERATIONS FOR THE SIX MONTHS ENDED JUNE 30, 1999 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS INCLUDED IN THIS FORM 10-QSB
FOR PERIOD ENDED JUNE 30, 1999.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                       1,869,062
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,901,636
<PP&E>                                         250,507
<DEPRECIATION>                                 136,083
<TOTAL-ASSETS>                               2,056,975
<CURRENT-LIABILITIES>                           80,736
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        63,603
<OTHER-SE>                                   1,912,636
<TOTAL-LIABILITY-AND-EQUITY>                 2,056,975
<SALES>                                              0
<TOTAL-REVENUES>                                76,638
<CGS>                                                0
<TOTAL-COSTS>                                2,131,399
<OTHER-EXPENSES>                               845,419
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              29,170
<INCOME-PRETAX>                            (2,929,350)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,929,350)
<EPS-BASIC>                                      (.50)
<EPS-DILUTED>                                    (.50)


</TABLE>
Exhibit 32.1

Certification of Chief Executive Officer

Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)

In connection with the Annual Report on Form 10-K for the year ended December 31, 2017 (the “Report”) of TriplePoint Venture Growth BDC Corp. (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, James P. Labe, the Chief Executive Officer of the Registrant, hereby certify, to the best of my knowledge, 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 Registrant.

 

|   | /s/ James P. Labe  |
|--------|-------------------------|
| Name:  | James P. Labe           |
| Date:  | March 12, 2018          |
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR THE THREE AND NINE MONTHS ENDED SEPTEMBER 30, 1999 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1999
<PERIOD-START>                             JUL-01-1999             JAN-01-1999
<PERIOD-END>                               SEP-30-1999             SEP-30-1999
<CASH>                                           3,651                   3,651
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   47,363                  47,363
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                     0                       0
<PP&E>                                       2,520,816               2,520,816
<DEPRECIATION>                               (130,229)               (130,229)
<TOTAL-ASSETS>                               2,513,858               2,513,858
<CURRENT-LIABILITIES>                           69,835                  69,835
<BONDS>                                        977,088                 977,088
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           633                     633
<OTHER-SE>                                   1,380,515               1,380,515
<TOTAL-LIABILITY-AND-EQUITY>                 2,513,858               2,513,858
<SALES>                                              0                       0
<TOTAL-REVENUES>                                86,723                 248,771
<CGS>                                                0                       0
<TOTAL-COSTS>                                 (46,386)               (130,911)
<OTHER-EXPENSES>                                   751                   2,092
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                            (16,047)                (43,685)
<INCOME-PRETAX>                                 23,921                  72,965
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                             23,921                  72,965
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                    23,921                  72,965
<EPS-BASIC>                                       0.38                    1.16
<EPS-DILUTED>                                     0.38                    1.16


</TABLE>
FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T MARCH 1, 2010 J OHN L EY CL ERK [ D O N O T P U B L I S H ]

I N T H E U N I T E D S T A T E S C O U R T O F A P P E A L S

F O R T H E E L E V E N T H C I R C U I T

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N o

. 0 9

- 1 0 2 5 4

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D

. C

. D o c k e t N o

. 0 7

- 0 1 3 7 2

- C V

- T

- 2 6

- E A J

H O M E D E P O T U S A , I N C

. , a D e l a w a r e c o r p o r a t i o n ,
P l a i n t i f f

- C o u n t e r
D e f e n d a n t

- A p p e l l e e ,

v e r s u s

A M O R E C O N S T R U C T I O N C O M P A N Y , a F l o r i d a c o r p o r a t i o n ,

D e f e n d a n t

- C r o s s
D e f e n d a n t

- C o u n t e r
C l a i m a n t

- A p p e l l a n t ,
D A V I D B A R R O N L A N D D E V E L O P M E N T , I N C

. , a F l o r i d a c o r p o r a t i o n ,
D e f e n d a n t

- C r o s s
C l a i m a n t

- C o u n t e r
C l a i m a n t

- A p p e l l a n t

._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A p p e a l f r o m t h e U n i t e d S t a t e s D i s t r i c t C o u r t f o r t h e M i d d l e D i s t r i c t o f F l o r i d a

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( M a r c h 1 , 2 0 1 0 )

B e f o r e T J O F L A T , P R Y O R a n d M A R T I N , C i r c u i t J u d g e s

.
P E R C U R I A M :

I n t h i s c a s e , t h e d i s t r i c t c o u r t , f o l l o w i n g a b e n c h t r i a l , f o u n d f o r p l a i n t i f

f

H o m e D e p o t o n i t s c l a i m f o r d e c l a r a t o r y r e l i e f a n d a g a i n s t d e f e n d a n t s A m o r e

C o n s t r u c t i o n a n d D a v i d B a r r o n L a n d D e v e l o p m e n t o n t h e i r c o u n t e r c l a i m s f o r
b r e a c h o f c o n t r a c t , u n

j u s t e n r i c h m e n t , q u a n t u m m e r u i t , a n d n e g l i g e n t

m i s r e p r e s e n t a t i o n

. A f

t e r h e a r i n g o r a l a r g u m e n t o f c o u n s e l i n d e f e n d a n t s ' a p p e a l ,

w e a g r e e w i t h t h e d i s t r i c t c o u r t , f o r t h e r e a s o n s s t a t e d i n i t s d i s p o s i t i v e o r d e r o f

D e c e m b e r 1 5 , 2 0 0 8 , t h a t t h e d e f e n d a n t s ' c o u n t e r c l a i m s l a c k m e r i t

.
A F F I R M E D

.

2
AMENDMENT NO. 2 TO THE PROMISSORY NOTE dated as of December 29, 2011 (this “Amendment”), among CERES VENTURES, INC. (formerly PhytoMedical Technologies, Inc.), a Nevada corporation (the “Borrower”) and JEET SIDHU, a resident of the Province of British Columbia (“Holder”).







WHEREAS, the Borrower issued to the Holder a 8 1⁄2 % Convertible Promissory Note dated May 20, 2011, and as amended on July 14, 2011, in the original principal amount of $100,000 (the “Note”).







WHEREAS, the Borrower has requested, and the Holder has agreed, to amend the Note as set forth below.







NOW, THEREFORE, in consideration of the premises and the agreements hereinafter contained, and for other good and valuable consideration, notwithstanding any provisions of the Promissory Note to the contrary, the parties hereto hereby agree as follows:







The Note shall be paid as follows:







1. $50,000, and the interest due on that amount, shall be paid no later than January 31, 2012.







2. $50,000, and all remaining interest due under the Note, shall be paid no later than April 30, 2012.







Pursuant to the terms of the Note and the one-for-50 (1-for-50) reverse stock split enacted by the Company and declared effective by the Financial Industry Regulatory Authority as of December 12, 2011 (the “Reverse Stock Split”), the conversion rate set forth in Article 2.1 has been adjusted to $0.50, pursuant to Article 2.4(c) and shall remain subject to the terms and conditions of the Note.







The parties shall execute such further documents and do any and all such further things as may be necessary to implement and carry out the intent of this Amendment.







This Amendment may be executed in one or more counterparts, all of which shall be considered one and the same agreement, and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Parties, it being understood that all Parties need not sign the same counterpart. This Amendment may be executed by facsimile signature and a facsimile signature shall constitute an original for all purposes.







Except as amended hereby, the terms and conditions of the Note remain in full force and effect.







IN WITNESS WHEREOF, Borrower and Holder have signed this Amendment as of the date first written above.







Borrower







Ceres Ventures, Inc.








	
By:

	 	  
	
Name: 

	Amit S. Dang	 
	
Title:

	President and Chief Executive Officer	
 












Holder







Jeet Sidhu








	
By: 

	 	  
	  	Jeet Sidhu