alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed 7/14/14 P. v.Guerrero CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or 

ordered published for purposes of rule 8.111.5. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE,

 Plaintiff and Respondent,

v.

MICHAEL JASON GUERRERO, 

 Defendant and Appellant.

2d Crim. No. B252757

(Super. Ct. No. 2012034560)

(Ventura County)

Michael Jason Guerrero appeals from the judgment entered after a jury 

convicted him of sale/transportation/offer to sell a controlled substance. (Health & Saf. 

Code, § 11352, subd. (a).) The trial court sentenced appellant to three years state prison 

plus eight months for violating probation in an unrelated case (Case No. 2009047390). 

Appellant was ordered to pay a $200 restitution fine (Pen. Code, § 1202.4, subd. (b)), a $200 

parole revocation fine (Pen. Code, § 1202.45) a $200 crime lab fee (Health & Saf. Code, § 

11372.5, subd. (a)) and a $600 drug program fee (Health & Saf. Code, § 11372.7, subd. (a)). 

We appointed counsel to represent appellant in this appeal. After counsel’s 

examination of the record, she filed an opening brief in which no issues were raised. 

On May 1, 2014, we advised appellant that he had 30 days within which to 

personally submit any contentions or issues he wished us to consider. No response has been 

received. 
2

We have reviewed the entire record and are satisfied that appellant's attorney 

has fully complied with her responsibilities and that no arguable issues exist. (People v. 

Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.) 

The judgment is affirmed.

NOT TO BE PUBLISHED.

YEGAN, J.

We concur:

GILBERT, P.J.

PERREN, J.
3

Patricia M. Murphy, Judge

Superior Court County of Ventura

______________________________

Patricia A. Malone, under appointment by the Court of Appeal, for Defendant 

and Appellant.

No appearance for Respondent.
#### In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Committee on Professional Standards, Petitioner; Idongesit Umoh Inyang, Respondent.

[986 NYS2d 370]

Per Curiam.

Respondent, who was admitted to practice by this Court in 2000, was suspended by this Court’s order dated September 24, 2009 for failure to comply with the attorney registration requirements of Judiciary Law § 468-a *(Matter of Attorneys in Violation of Judiciary Law § 468-a,*65 AD3d 1447 [2009]).

Respondent now requests reinstatement on the ground that she has complied with the attorney registration requirements of Judiciary Law § 468-a and the Rules of the Chief Administrator of the Courts *(see*22 NYCRR part 118). Petitioner does not object to respondent’s application.

Respondent’s application is granted and she is ordered reinstated, effective immediately.

Peters, P.J., Lahtinen, Stein and McCarthy, JJ., concur.

Ordered that respondent’s application is granted; and it is further ordered that respondent is reinstated as an attorney and counselor-at-law in the State of New York, effective immediately.
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Department of the Air Force

# AGENCY:

Air Force Materiel Command, Department of the Air Force.

# ACTION:

Notice of intent.

# SUMMARY:

Pursuant to the provisions of Part 404 of Title 37, Code of Federal Regulations, which implements Public Law 96-517, as amended; the Department of the Air Force announces its intention to grant Battle Sight Technology, LLC of Germantown, OH, a partial exclusive license to practice the invention in any right, title and interest the Air Force has in: U.S. Patent No. 8,137,597 issued on 20 March 2012 entitled “ONE-PART, PRESSURE ACTIVATED CHEMILUMINESCENT MATERIAL,” by Dr. Lawrence Brott.

# DATES:

Written Objections must be filed no later than fifteen (15) calendar days after the date of the publication of this Notice.

# ADDRESSES:

Submit written objections to the Air Force Materiel Command Law Office, AFMCLO, 2240 B Street, Rm. 204, Wright-Patterson AFB, OH 45433-7109; Facsimile: (937) 255-3733.

# FOR FURTHER INFORMATION CONTACT:

Air Force Materiel Command Law Office, AFMCLO, 2240 B Street, Rm. 204, Wright-Patterson AFB, OH 45433-7109.

# SUPPLEMENTARY INFORMATION:

The Department of the Air Force intends to grant a license for the patent and pending applications unless a written objection is received within fifteen (15) calendar days from the date of publication of this Notice. Written objection should be sent to: Air Force Materiel Command Law Office, AFMCLO/JAZ, 2240 B Street, Rm. 204, Wright-Patterson AFB, OH 45433-7109; Facsimile: (937) 255-3733.

Henry Williams,

Acting Air Force Federal Register Liaison Officer.

[FR Doc. 2017-22476 Filed 10-16-17; 8:45 am]

BILLING CODE 5001-10-P
#### HOUSING AUTHORITY OF THE CITY OF NORWALK *v.*JOI LEE

(AC 32839)

DiPentima, C. J., and Lavine and Robinson, Js.

Submitted on briefs February 3

officially released February 28, 2012

Per Curiam.

The judgment is affirmed.
#### Steve HERNANDEZ, Petitioner—Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent—Appellee.

No. 06-75745.

United States Court of Appeals, Ninth Circuit.

Submitted April 22, 2008.*

Filed April 30, 2008.

Steve Hernandez, Tempe, AZ, pro se.

Donald L. Korb, Acting Chief Counsel Internal Revenue Service, Washington, DC, John Schumann, Eileen J. O’Connor, Esq., U.S. Department of Justice Tax Division, Washington, DC, for Respondent-Appellee.

Before: GRABER, FISHER, and BERZON, Circuit Judges.

*

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

MEMORANDUM **

Steve Hernandez appeals pro se from the tax court’s summary judgment upholding the Commissioner’s imposition of a levy in a collection action. We have jurisdiction pursuant to 26 U.S.C. § 7482(a)(1). We review de novo. *Hughes v. United States,*953 F.2d 531, 541 (9th Cir.1992). We affirm.

The tax court properly determined that Hernandez was precluded from challenging the underlying tax liability because he *576received statutory notices of the deficiencies. *See*26 U.S.C. § 6880(c)(2)(B); *Nestor v. Comm’r,*118 T.C. 162, 165 (2002).

The tax court also correctly concluded that the appeals officer did not abuse his discretion in verifying that all legal and administrative requirements had been met. *See, e.g., Hughes,*953 F.2d at 535-36 (stating Form 4340 is presumptive proof of a valid assessment); *Nestor,*118 T.C. at 167.

Hernandez’s contention that the tax court considered documents outside of the administrative record is unfounded. *See Thompson v. United States Dep’t of Labor,*885 F.2d 551, 555 (9th Cir.1989) (stating the administrative record includes all documents and materials directly or indirectly considered by agency decision-makers).

Hernandez’s remaining contentions are unpersuasive.

AFFIRMED.

**

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

                                                                    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 of Mymetics Corporation (the
"Company") on Form 10-K for the year ended December 31, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), we,
Christian J.F. Rochet, Chief Executive Officer of the Company, and Ernst Luebke,
Chief Financial Officer of the Company, each certify, pursuant to 18 U.S.C.
section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that to the best of my knowledge:

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.


By: /s/ Christian J.F. Rochet
    -----------------------------
    Christian J.F. Rochet
    Chief Executive Officer


By: /s/ Ernst Luebke
    -----------------------------
    Ernst Luebke
    Chief Financial Officer


March 31, 2008
CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350 ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002





In
connection with the Report of CoConnect, Inc., a Nevada corporation, (the
“Company”) on Form 10-Q for the quarter ended June 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Mark L.
Baum, President and Chief Executive Officer of the Company, certify the
following pursuant to Section 18, U.S.C. 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002:





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.








/s/ Mark L.
Baum


Mark L.
Baum


Interim
President and Chief Executive Officer





August
13, 2009
Contract for Personal Services between Senetek PLC and Brian Clark



 Exhibit 10.109 
 CONTRACT FOR PERSONAL SERVICES 
  

			
	Between	    	 Senetek PLC
 831 Latour Court, Suite
A
 Napa, California 94558
 (“Company”)

		
	And	    	 Brian Clark
 (“Chief
Scientist”)


 Scope 
 Effective August 1, 2006, Brian Clark is appointed Chief Scientist of Senetek PLC reporting to the Chairman and Chief Executive Officer of the Company. 
 Responsibility 
 The Chief Scientist will work under the direction of the Chairman and CEO of the Company. Such
direction will be principally provided via a rolling three month schedule of activities and objectives, mutually agreed by the Chief Scientist and the Chairman and CEO on a monthly basis. 
 Required Time Commitment 
 Chief Scientist will commit 31 weeks
per year to Senetek business and give Senetek business first order of priority with respect to other business activities in which he may be engaged. 
 Other Business Activities 
 Chief Scientist may be engaged in business activities other than Senetek but such business activities
shall not be of a nature that is directly competitive with Senetek and will be subject to Senetek priority as discussed in the paragraph above. 
 Fee

 $9,000 per month, payable on the 15th day of the month. 
 Location and Travel 

Chief Scientist will be based in Aarhus, Denmark. Expenses for travel undertaken on Senetek business will be reimbursed provided it is agreed in advance with the
Chairman and CEO. 
 Other Expenses and Support 
 Non-travel expenses undertaken for Senetek business will be reimbursed subject to advance approval by the Chairman and CEO or the CFO of Senetek PLC. 







 Contract for Personal Services 
 Page 2 
 Administrative support will be provided by Senetek PLC – Napa. 
 Term and Termination 
 This contact will remain in force until
terminated by either party to the contract. Such termination is solely at the will of either party, subject to a three month notice period. 
  

			
		
	/s/ Senetek PLC	 	August 8, 2006
	Senetek PLC	 	Date
		
	/s/ Brian Clark	 	August 8, 2006
	Brian Clark	 	Date
Exhibit 31.1
SECTION 302 CERTIFICATION

I, Douglas K. Beplate, certify that:

1. I have reviewed this quarterly report of Emergency Filtration Products,
Inc.;

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;

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

4. The small business issuer'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 small business
issuer and 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 small business issuer,
including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this report is being
prepared;
 (b) evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this 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 small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter (the small business issuer's
fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the small business
issuer's internal control over financial reporting; and

5. The small business issuer's other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer'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 small business issuer'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 small business issuer's internal
control over financial reporting.

Date: November 12, 2004

/s/Douglas K. Beplate
Douglas K. Beplate, Principal Executive Officer
**Exhibit 35.1**

**SERVICER      COMPLIANCE STATEMENT (ITEM 1123)**

**First      Horizon Alternative Mortgage Securities Trust 2006-AA1**

|   |   | First Horizon Home Loan              Corporation      |
|--------|--------|------------------------------------------------------------|
|   |   |                                                       |
|   |   | By: /s/ Kim              Yowell                       |
|   |   | Date: 03/01/07                                        |
|   |   | Name: Kim Yowell                                      |
|   |   | Title: SVP, Servicing              Manager            |
|   |   |                                                       |
|   |   | First Tennessee Mortgage Services,              Inc.  |
|   |   |                                                       |
|   |   | By: /s/ Terry              L. McCoy                   |
|   |   | Date:                03/01/07                         |
|   |   | Name: Terry L. McCoy                                  |
|   |   | Title: Vice              President               |

----
<PAGE>




                            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 Quarterly Report of Atlas-Energy for Nineties-Public #8
Ltd. (the "Partnership") on Form 10-Q for the period ended June 30, 2002 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Freddie M. Kotek, Chief Executive Officer of the Managing General
Partner, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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
       Partnership.




/s/ Freddie M. Kotek






Freddie M. Kotek
Chief Executive Officer
August 14, 2002




                                       16
[No. 41932-7-II.

Division Two.

October 2, 2012.]

#### The State of Washington, *Respondent,*v. Joseph Leslie Sullivan III, *Appellant.*

Appeal from a judgment of the Superior Court for Thurston County, No. 08-1-01591-6, Christine A. Pomeroy, J., entered March 11, 2011. *Reversed*and *remanded with instructions*by unpublished opinion per

Worswick, C.J.,

concurred in by Hunt and Van Deren, JJ.
#### UNITED STATES of America, Plaintiff-Appellee v. Andre K. FOUNTAIN, also known as Dre Fountain, Defendant-Appellant.

No. 09-31020

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 19, 2011.

Edward John Rivera, Esq., Assistant U.S. Attorney, Diane Hollenshead Copes, Esq., Assistant U.S. Attorney, Stephen Andrew Higginson, Assistant U.S. Attorney, U.S. Attorney’s Office, New Orleans, LA, for Plaintiff-Appellee.

Frank Sloan, Mandeville, LA, for Defendant-Appellant.

Andre K. Fountain, Yazoo City, MS, pro se.

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Andre K. Fountain has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Fountain has not filed a response. We have reviewed counsel’s *378brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except tinder the limited circumstances set forth in 5th Cir. R. 47.5.4.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. OTTONEI L T EJ AD A- YA NEZ, D e f

e n d a n t - A p p e llan t. N o. 10- 10368 D . C . N o . 2 : 1 0 - c r - 0 0 2 9 3 - G MS ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

A r i z ona G . M urr a yS now , D i s tr i c tJudge , P r e s i di ng S ubm i tt e d S e pt e m be r27, 2011 ** B efo re: H A W K IN S , S IL V E R M A N , an dW . F L E T C H E R , C i rcu i tJu d g es. O tt oni e l T e

j a da - Y a ne z appe a l s f

r om hi s gui l ty - pl e ac onvi c t i on and 6 0 - m o n th s e n te n c e f

o rr e - e n tryo f

r e m o v e da lie n , in v io la tio n o f 8 U .S .C . § 1 3 2 6 . P ur s ua ntt o A n de rs v . Ca lifo rn ia , 38 6 U . S . 73 8 (19 67 ), T ej ada- Y anez ’ s c ou nselhas fi l ed a bri ef

st at i ng there ar e no g roun ds for r el i ef , al on g w i th a m ot i on t o w i thd raw



# FI LED SEP 30 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 10368 2 as coun se l of re cord. W e have provi ded the appel l antw i th the op po rtun i ty t o fi l e a pro se s up pl em ent albri ef . N o p ro se supp l em ent albri ef or answ er i ng bri ef

has be e n f i l e d. O uri nde pe nde ntr e vi e w of the r e c or d pur s uantt o P e n s o n v . O h io , 4 8 8 U . S. 7 5 , 8 0 - 8 1 ( 1 9 8 8 ) , d is c lo s e s n o a r g u ab le g r o u n d s f o rr e lie f o n d ir e c t ap p e a l. C o u n sel ’ s m o t i o n t o w i th d raw i s GR AN T E D, an dth e d istrict co u rt’s j u d g m en ti s A FFI R M ED .
[No. 42154-2-II.

Division Two.

October 30, 2012.]

#### The State of Washington, *Respondent,*v. Calvert Raub Anderson, Jr., *Appellant.*

Appeal from a judgment of the Superior Court for Thurston County, No. 11-1-00101-0, Wm. Thomas McPhee and Gary R. Tabor, JJ., entered May 19, 2011. *Affirmed*by unpublished opinion per

Johanson, A.C.J.,

concurred in by Quinn-Brintnall and Penoyar, JJ.
**EXHIBIT 23.1**CONSENT OF INDEPENDENT ACCOUNTANTSWe consent to incorporation by reference in the registration statements (No. 33-97450, No.33-86116, 333-14601 and No. 333-48446) on Form S-8 of PVF Capital Corp. of our report dated August15, 2006, relating to the consolidated statement of financial condition of PVF Capital Corp. andsubsidiaries as of June 30, 2006 and 2005, and the related consolidated statements of operations,stockholders’ equity, and cash flows for the years ended June 30, 2006, 2005 and 2004 which reportappears in the June 30, 2006 Annual Report on Form 10-K of PVF Capital Corp.Crowe Chizek and Company LLCCleveland, Ohio
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to theincorporation by reference in Registration Statement No. 333-136924 on Form S-8 and Registration Statement No. 333-163193 on Form S-3 of our report dated March 31, 2010, relating to the consolidated financial statements of GeoMet,Inc. and subsidiaries (which report expresses an unqualified opinion and includes an explanatory paragraph relating to the adoption of Accounting Standards Update No. 2010-03, Oil and Gas Reserve Estimation and Disclosures), and theeffectiveness of GeoMet, Inc.’s internal control over financial reporting appearing in this Annual Report on Form 10-K of GeoMet, Inc. for the year ended December 31, 2009. 

*/s/    DELOITTE & TOUCHE LLP*

Houston, Texas 

March 31, 2010