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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

RODERICK EARL VANGA,

Defendant

- Appellant. No. 17

- 30156

D.C. No. 2:11

- cr

- 00246

- RSL

MEMORANDUM *

Appeal from the United States District Court for the Western District of Washington Robert S. Lasnik, District Judge, Presiding

Submitted July 10, 2018 **

Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.

Roderick Earl Vanga appeals pro se f rom the district court’s order denying

his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have

juris diction under 28 U.S.C. § 1291. We review de novo whether a district court

has authority to resentence a defendant under section 3582(c) (2)

, see United States

* 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

JUL 12 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 30156

v. Leniear , 574 F.3d 668, 672 (9th Cir. 2009) , and we affirm.

Vanga contends that the district court erred by denying his motion for a

sentence reduction and by failing to address his requests for appointment of

counsel. The district court correctly concluded that Vanga is ineligible for a

sentence reduction because his sentence is already below the minimum of the

amended Guidelines range. See U.S.S.G. § 1B1.10(b)(2)(A) (“[T]he court shall

not reduce the defendant’s term of imprisonment under 18 U.S.C. § 3582(c)(2) and

this policy statement to a term that is less than the minimum of the amended

guideline range.”). Moreover, Vanga was not entitled to counsel, see United States

v. Townsend , 98 F.3d 510, 512

- 13 (9th Cir. 199 6), and g iven Vanga’s ineligibility

for a reduction, the court did not err in failing to appoint counsel.

To the extent that Vanga seeks to challenge his indictment , conviction or the

sentencing court’ s original calc ulation of his Guidelines range, these claims are not

cognizable in a section 3582(c)(2) proceeding. See Dillon v. United States , 560

U.S. 817, 826 , 831 (2010) (alleged errors committed at the original sentencing

hearing cannot be corrected under section 3582(c)(2), which does not permit a

plenary resentencing proceeding). Likewise

, Vanga’s contention that his medical

problems and alleged sentencing disparities entitle d him to a sentence reduction

under 18 U.S.C. § 3553(a) is unavailing

. See id. at 826 ( court only considers

whether a reduction is warranted under section 3553(a) if it first concludes that a3 17

- 30156

reduction is authorized under U.S.S.G. § 1B1.10). Finally, the district court did

not err in concluding that, because the Director of the Bureau of Pr ison had not

moved for a compassionate sentence reduction in Vanga’s case, it lacked authority

to grant such a reduction

. See 18 U.S.C. § 3582(c)(1)(A).

AFFIRMED.
**EXHIBIT 32.1****SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER**I, Glen Antle, Acting Chief Executive Officer of Trident Microsystems, Inc. (the “Registrant”), dohereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, based on my knowledge:(1) the Annual Report on Form 10-K of the Registrant for the period ended June 30, 2007, to whichthis certification is attached as an exhibit (the “Report”), fully complies with the requirementsof section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and(2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Registrant.     Dated: September 10, 2007 /s/ Glen M. Antle     *Glen M. Antle*    Acting Chief Executive Officer
#### The People of the State of New York, Respondent, v Reyna Ortega, Appellant.

[666 NYS2d 634]

—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered November 22, 1994, convicting defendant, after a jury trial, of manslaughter in the first degree, three counts of reckless endangerment in the first degree, and criminal possession of a weapon in the fourth degree, and sentencing her, as a second felony offender, to terms of I2V2 to 25 years, three terms of 3V2 to 7 years and a definite term of 1 year, respectively, with the sentence on the manslaughter conviction and the sentences on two of the reckless endangerment convictions to run concurrently and the sentence on the other reckless endangerment conviction, and the sentence on the weapon possession conviction to run consecutively to one another and to the other sentences, unanimously modified, on the law, to the extent of vacating the predicate felony determination and sentence and substituting therefor a term of 8V3 to 25 years and terms of 2V3 to 7 years, and to provide that the 1 year weapon possession conviction shall run concurrently with the other sentences, and otherwise affirmed.

*214Defendant’s challenge to a prospective juror for cause was properly disallowed. Although the venireperson in question expressed some hesitancy in his ability to be impartial due to his familiarity with the area where the crime occurred, during subsequent questioning the prospective juror became unequivocal that he could and would deliberate impartially. In determining whether there was a substantial risk of bias *(see, People v Williams,*63 NY2d 882, 885), the trial court is in the best position to observe the demeanor and responses of the venireperson *(People v Guzman,*76 NY2d 1, 5), and, based upon the totality of the venireperson’s answers, we find no reason to disturb the court’s determination.

The definite sentence imposed on defendant’s conviction for criminal possession of a weapon in the fourth degree should not have been imposed consecutively, because service of an indeterminate sentence shall satisfy any definite sentence imposed for an offense committed prior to the time the indeterminate sentence was imposed (Penal Law § 70.35; *People v Leabo,*84 NY2d 952, 953). The sentencing court did not err in ruling that one count of first-degree reckless endangerment was to run consecutively with defendant’s first-degree manslaughter conviction and her other two reckless endangerment sentences where the People established that the acts committed by defendant were separate and distinct, constituting separate crimes *(People v Brathwaite,*63 NY2d 839; *People v Laureano,*87 NY2d 640, 643-644), notwithstanding that the acts were part of one transaction *(see, People v Brown,*80 NY2d 361, 364). Defendant was improperly sentenced as a second felony offender *(see,*Penal Law § 70.06 [1] [b] [ii]), because the alleged predicate felony conviction occurred after defendant’s commission of the instant felonies. There being no need to remand for resentencing *(People v Lawrence,*130 AD2d 383), we modify the sentence accordingly. Concur—Murphy, P. J., Sullivan, Rubin and Andidas, JJ.
FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KWAI FUN WONG; WU-WEI TIEN

TAO ASSOCIATION,

Plaintiffs-Appellants,

v.

DAVID V. BEEBE, a former

Immigration and Naturalization

Service (n.k.a. Department of

Homeland Security) Official;

UNITED STATES OF AMERICA,

Defendants-Appellees.

No. 10-36136

D.C. No.

3:01-cv-00718-

JO

ORDER

Filed January 3, 2013

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges,

it is ordered that this case be reheard en banc pursuant to

Federal Rule of Appellate Procedure 35(a) and Circuit Rule

35–3.
**Exhibit 23**

 

**CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to theincorporation by reference in Registration Statements No. 333-120377, No. 333-97537,No. 333-97533, No. 33-96582, No. 33-96580, No. 333-34509and No. 333-91591 of Canterbury Park Holding Corporation on Form S-8of our report dated March 27, 2008 relating to the consolidated financialstatements of Canterbury Park Holding Corporation, which report expressed anunqualified opinion appearing in this Annual Report on Form 10-K ofCanterbury Park Holding Corporation for the year ended December 31, 2007.

 

Deloitte &Touche LLP

 

 

Minneapolis,Minnesota

March 27, 2007

 

----
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND STATEMENTS OF EARNINGS FOUND ON PAGES 2 AND 3 OF
THE COMPANY'S FORM 10-QSB FOR THE YEAR TO DATE, AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                       1,071,777
<SECURITIES>                                    50,000
<RECEIVABLES>                                  921,067
<ALLOWANCES>                                    30,000
<INVENTORY>                                  3,400,463
<CURRENT-ASSETS>                             5,537,100
<PP&E>                                       1,894,332
<DEPRECIATION>                                 502,234
<TOTAL-ASSETS>                               6,929,198
<CURRENT-LIABILITIES>                          793,119
<BONDS>                                        672,530
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        32,009
<OTHER-SE>                                   5,431,540
<TOTAL-LIABILITY-AND-EQUITY>                 6,929,198
<SALES>                                      5,343,971
<TOTAL-REVENUES>                             5,343,971
<CGS>                                        4,148,661
<TOTAL-COSTS>                                4,148,661
<OTHER-EXPENSES>                               664,993
<LOSS-PROVISION>                                10,000
<INTEREST-EXPENSE>                              23,749
<INCOME-PRETAX>                                529,157
<INCOME-TAX>                                   201,100
<INCOME-CONTINUING>                            328,057
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   328,057
<EPS-PRIMARY>                                      .10
<EPS-DILUTED>                                      .10
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEETS AND STATEMENTS OF OPERATIONS FOUNDED ON PAGES 1-3 OF THE COMPANY'S FORM
10-QSB, FOR THE YEAR-TO-DATE AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                                                 <C>  
<PERIOD-TYPE>                                       9-MOS
<FISCAL-YEAR-END>                                   DEC-31-1996
<PERIOD-START>                                      JAN-01-1997
<PERIOD-END>                                        SEP-30-1997
<CASH>                                               2,724,629
<SECURITIES>                                                 0
<RECEIVABLES>                                          300,575
<ALLOWANCES>                                           119,000
<INVENTORY>                                            320,390
<CURRENT-ASSETS>                                     3,235,802
<PP&E>                                                 605,105
<DEPRECIATION>                                         199,557
<TOTAL-ASSETS>                                       3,676,350
<CURRENT-LIABILITIES>                                  549,368
<BONDS>                                                      0
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                                  0
<COMMON>                                                   446
<OTHER-SE>                                           3,026,214
<TOTAL-LIABILITY-AND-EQUITY>                         3,676,350
<SALES>                                              1,185,740
<TOTAL-REVENUES>                                     1,185,740
<CGS>                                                1,171,311
<TOTAL-COSTS>                                        1,848,287
<OTHER-EXPENSES>                                     1,241,074
<LOSS-PROVISION>                                             0
<INTEREST-EXPENSE>                                      40,298
<INCOME-PRETAX>                                     (1,943,919)
<INCOME-TAX>                                               599
<INCOME-CONTINUING>                                 (1,944,518)
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                        (1,836,673)
<EPS-PRIMARY>                                             (.35)
<EPS-DILUTED>                                             (.35)
        


</TABLE>
#### In the Matter of Owen Hill, Petitioner, v Edward Stolzenberg, as Commissioner of Hospitals of Westchester County, et al., Respondents.

[666 NYS2d 647]

—Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of Hospitals of Westchester County, dated October 4, 1996, which, after a hearing, found the petitioner guilty of misconduct and/or incompetence and dismissed him from his position as Senior Nursing Aide.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed, with costs.

The petitioner was employed as a Senior Nursing Aide at the Westchester County Medical Center since 1988. On or about February *5,*1996, the petitioner was charged with 71 counts of misconduct and/or incompetence arising from his record of absence and lateness, failure to perform assigned duties, and threatening the life of his supervisor. After a hearing, a Hearing Officer found the petitioner guilty of all the charges except eight which were withdrawn by the respondents. The Commissioner of Hospitals of Westchester County adopted the Hearing Officer’s findings of fact and imposed the penalty of dismissal. Thereafter, the petitioner commenced this proceeding pursuant to CPLR article 78 to review the Commissioner’s determination.

There was substantial evidence to support the Commissioner’s determination that the petitioner had numerous unauthorized absences, failed to comply with proper procedure in requesting leave, failed to perform assigned tasks, and threatened the life of his supervisor in discussions with a third *455party (see, *Matter of Pell v Board of Educ.,*34 NY2d 222, 231; *Matter of Conte v Koehler,*176 AD2d 507).

Furthermore, the penalty of dismissal was not so disproportionate to the offenses committed as to be shocking to one’s sense of fairness (see, *Trotta v Ward,*77 NY2d 827; *Matter of Holmes v Simpson,*64 NY2d 678; *Matter of Pell v Board of Educ., supra,*at 234; *Matter of Conte v Koehler, supra).*

The petitioner’s remaining contentions are not properly before this Court or without merit. O’Brien, J. P., Joy, Friedmann and Goldstein, JJ., concur.
EX-32.1




**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





In
      connection with the accompanying Quarterly Report on Form 10-QSB (the "Report")
      of WI-TRON, INC. (the "Company") for the nine months ended September 30, 2008,
      I, John C. Lee, Chief Executive Officer of the Company, hereby certify pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief,
      that:





|1. | The
              Report fully complies with the requirements of Section 13(a) or 15(d)
              of
              the Securities Exchange Act of 1934; and
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------



|2. | The
              information contained in the Report, fairly presents, in all material
              respects, the financial condition and results of operations of the
              Company.
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Wi-Tron, Inc., and will be retained by Wi-Tron, Inc. and furnished to the
      Securities and Exchange Commission or its staff upon request.




/s/ John C. Lee
            
            
            November 19, 2008John
                C. Lee
              Chief
                Executive Officer
<PAGE>   1

                                                                   EXHIBIT 3.4

[SECRETARY OF STATE OF NEVADA STAMP]

              CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION
                            (After Issuance of Stock)

                           SUARRO COMMUNICATIONS, INC.

We the undersigned Adam R. Stull (President) and Libbie Stull (Secretary) of
SUARRO COMMUNICATIONS, INC. (Name of Corporation) Do hereby certify:

        That the Board of Directors of said corporation at a meeting duly
convened, held on the 12th day of February, 1999, adopted a resolution to amend
the original articles as follows:

        Article II is hereby amended to read as follows:

        A. The name of this corporation is E-NET CORPORATION

        The number of shares of the corporation outstanding and entitled to vote
on an amendment to the Articles of Incorporation is 1,000,000 that the said
changes and amendment have been consented to and approved by a majority vote of
the stockholders holding at least a majority of each class of stock outstanding
and entitled to vote thereon.

                                                /s/  ADAM R. STULL
                                           -----------------------------
                                            President or Vice President

                                                 /s/ LIBBIE STULL
                                           -----------------------------
                                            Secretary or Asst. Secretary

STATE OF CALIFORNIA  )
                     )  ss.
COUNTY OF ORANGE     )

        On this 16th day of February, 1999, before me the undersigned Notary
Public, personally appeared Adam R. Stull and Libbie Stull

        [ ]    Personally known to me
               Or
        [X]    Proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) are subscribed to the within Instrument and acknowledged
to me that they executed the same in their authorized capacity(ies), and that by
their signatures on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.

        WITNESS my hand and official seal.

        Signature  Lea M Lynch                                (Seal)
<PAGE>

                                                                    Exhibit 32.2

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

         In connection with the Annual Report of SouthFirst Bancshares, Inc.
(the "Company") on Form 10-KSB for the period ending September 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Janice R. Browning, Controller (principal financial officer) 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; and

         (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.

         IN WITNESS WHEREOF, the undersigned has executed this certification as
of the 29th day of December 2003.

/s/ Janice R. Browning
------------------------------------------
Janice R. Browning
Controller (principal financial officer)
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-Q of Digital Lightwave, Inc. (the Company) for the quarter ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof
(the report), I Kenneth T. Myers, President and Chief Executive Officer and Principal 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; and

(2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations
of the Company.

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



|                      |  |     |  |                                      
|--------------------- |  | --- |  | -------------------------------------
|Date: August 13, 2008 |  |     |  |                                      
|                      |  |    
|                      |  | By: |  | /s/ KENNETH T. MYERS                 
|                      |  |     |  | Kenneth T. Myers                     
|                      |  |     |  | President and Chief Executive Officer
|                      |  |     |  | (Principal Executive Officer)        
|                      |  |    
|Date: August 13, 2008 |  |     |  |                                      
|                      |  |    
|                      |  | By: |  | /s/ KENNETH T. MYERS                 
|                      |  |     |  | Kenneth T. Myers                     
|                      |  |     |  | Chief Accounting Officer             
|                      |  |     |  | (Principal Financial Officer)
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by
reference in the Registration Statements of Alabama National BanCorporation listed below of our report dated March 1, 2007 relating to the financial statements, managements assessment of the effectiveness of internal control over financial
reporting and the effectiveness of internal control over financial reporting, which appears in this Form 10-K.

Registration Statements on
Form S-8:



| |  |            |  |            |  |           |  | 
| |  | ---------- |  | ---------- |  | --------- |  | 
| |  | 333-137826 |  | 333-113323 |  | 333-76301 |  | 
| |  | 333-133467 |  | 333-113249 |  | 333-76305 |  | 
| |  | 333-124871 |  | 333-111319 |  | 333-76313 |  | 
| |  | 333-124416 |  | 333-111318 |  | 333-76315 |  | 
| |  | 333-118806 |  | 333-106315 |  | 333-76317 |  | 
| |  | 333-114994 |  | 333-106314 |  | 333-70205 |  | 
| |  | 333-113324 |  | 333-47748  |  | 333-27285 |  | 



|                              
|------------------------------
|/s/ PricewaterhouseCoopers LLP
|Birmingham, Alabama           
|March 1, 2007