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

No. 08-73571.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 13, 2010.*

Filed Sept. 23, 2010.

Juan Manuel Colindres-Comelli, Florence, AZ, pro se.

Oil, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Ronald E. LeFevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: SILVERMAN, CALLAHAN and N.R. SMITH, Circuit Judges.

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

MEMORANDUM **

Juan Manuel Colindres-Comelli, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying deferral of removal under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence, *Lemus-Galvan v. Mukasey,*518 F.3d 1081, 1084 (9th Cir.2008), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s denial of deferral of removal on the ground that Colindres-Comelli did not establish it is more likely than not he would be tortured if returned to Guatemala by or at the instigation of, or with the consent or acquiescence of a public official or other person acting in official capacity. *See*8 C.F.R. §§ 1208.16(c)(2), 1208.17(a); *see*
      *145
      *also Arteaga v. Mukasey,*511 F.3d 940, 948-49 (9th Cir.2007).

We decline to consider Colindres-Comelli’s contentions concerning the BIA’s denial of his motion to reconsider because the court previously rejected them in *Colindres-Comelli v. Holder,*No. 09-72963 (9th Cir. Jan. 21, 2010). *See Merritt v. Mackey,*932 F.2d 1317, 1320 (9th Cir.1991) (under the “law of the case doctrine,” one panel of an appellate court will not reconsider questions which another panel has decided on a prior appeal in the same case).

Finally, we lack jurisdiction to review Colindres-Comelli’s contention that he qualifies for humanitarian asylum because he failed to exhaust this claim before the agency. *See Barron v. Ashcroft,*358 F.3d 674, 678 (9th Cir.2004).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Fourth Court of Appeals

San Antonio, Texas

January 6, 2020

No. 04-19-00771-CV

Kent B. HOFFMAN, et al.,

Appellant

v.

Andrew M. THOMSON, et al.,

Appellee

From the 343rd Judicial District Court, McMullen County, Texas

Trial Court No. M-17-0008-CV-C, Consolidated M-17-0034-CV-B

Honorable Janna K. Whatley, Judge Presiding

ORDER

The appellant, Hoffman’s, Unopposed Motion for Extension of Time to File Brief is 

GRANTED. The appellant’s brief is due on February 3, 2020.

_________________________________

Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 6th day of January, 2020.

___________________________________

MICHAEL A. CRUZ,

Clerk of Court
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#   Secretary of Labor vs. Tilden Mining Co.

Tilden-LAKE 2008-503-M OA-6-26-14.pdf

Tilden%20Mining%20LAKE%202008-503-M%20OA-6-26-14.htm

Secretary of Labor v. Tilden Mining DOCKET LAKE2008-503-M.mp3

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#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: (202)434-9900TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
#### UNITED STATES of America, Plaintiff-Appellee v. Patrick Adolph PRENDERGAST, Jr., Defendant-Appellant.

No. 12-20660.

United States Court of Appeals, Fifth Circuit.

Nov. 20, 2013.

Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

*568Seth Kretzer, Law Offices of Seth Kretzer, Houston, TX, for D efendant-App ellant.

Before DAVIS, GARZA, and DENNIS, Circuit Judges.

PER CURIAM: *

Patrick Adolph Prendergast, Jr. (“Prendergast”), appeals from his conviction for knowingly using a materially false writing to obtain disaster relief benefits, in violation of 18 U.S.C. § 1040.

Prendergast contends that the evidence of knowledge and materiality was insufficient and that the district court committed reversible error in denying his motion for mistrial based on an alleged *Brady*violation, in admitting hearsay evidence, in responding to two jury notes, in permitting a prejudicial variance, in allowing prosecutor statements that allegedly amounted to misconduct, and in calculating his Sentencing Guidelines range.

We have considered the parties’ submissions and reviewed the record. Because we find no reversible error, we AFFIRM.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
**Exhibit 31.1****CERTIFICATION BY THEODORE M. PROCIV PURSUANT TO****SECURITIES EXCHANGE ACT RULE 13a-14**I, Theodore M. Prociv, of Versar, Inc., certify that:1. I have reviewed this annual report on Form 10-K of Versar, Inc. (the “Registrant”); 2. Based on my knowledge, this report does notcontain any untrue statement of a material fact oromit to state a material fact necessary to make thestatements made, in light of the circumstances underwhich such statements were made, not misleading withrespect to the period covered by this report; 3. Based on my knowledge, the financial statements,and other financial information included in thisreport, fairly present in all material respects thefinancial condition, results of operations and cashflows of the Registrant as of, and for, the periodspresented in this report; 4. The registrant’s other certifying officer and Iare responsible for establishing and maintainingdisclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and we have: a) Designed such disclosure controls andprocedures, or caused such disclosure controls andprocedures to be designed under our supervision, toensure that material information relating to theregistrant, including its consolidated subsidiaries,is made known to us by others within those entities,particularly during the period in which this reportis being prepared;  b) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented inthis report our conclusions about the effectivenessof the disclosure controls and procedures, as of theend of the period covered by this report based onsuch evaluation; and  c) Disclosed in this report any change in theregistrant’s internal control over financialreporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscalquarter in the case of an annual report) that hasmaterially affected, or is reasonably likely tomaterially affect, the registrant’s internal controlover financial reporting; and5. The registrant’s other certifying officer and Ihave disclosed, based on our most recent evaluationof internal control over financial reporting, to theregistrant’s auditors and the audit committee of theregistrant’s board of directors (or personsperforming the equivalent functions): a) All significant deficiencies and materialweaknesses in the design or operation of internalcontrol over financial reporting which are reasonablylikely to adversely affect the registrant’s abilityto record, process, summarize and report financialinformation; and  b) Any fraud, whether or not material, thatinvolves management or other employees who have asignificant role in the registrant’s internal controlover financial reporting.Date: September 6, 2005              /S/ Theodore M. Prociv   *Theodore M. Prociv*   *President and Chief Executive Officer*
----

| Dated: May 17, 2011 | /s/ Matthew Boyle                     |
|---------------------|---------------------------------------|
|                | Matthew Boyle                         |
|                | President and Chief Executive Officer |
|                |                                  |
|                |                                  |
|                |                                  |
| Dated: May 17, 2011 | /s/ Paul N. Farquhar                  |
|                | Paul N. Farquhar                      |
|                | Chief Financial Officer               |
[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Notices]
[Page 66922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31754]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-350-1220-EA]


Temporary Restriction of Use Order

AGENCY: Bureau of Land Management, Interior.

ACTION: Temporary restriction of motor vehicle use, Fort Sage Off 
Highway Vehicle Area.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that effective 12:00 am April 6 until 
6:00 pm April 7, 2002, use of motor vehicles is restricted at the Fort 
Sage Off Highway Vehicle Area to entrants and officials participating 
in motorcycle races under permit with the Bureau of Land Management. 
All roads and trails at the Fort Sage OHV area are closed to all other 
motor vehicle use on April 6 & 7, 2002, except for County Road 327 
(Fort Sage Road), the Fort Sage Trailhead access road, the Widowmaker 
Trailhead Access road, and the road to the ``Land of David'' site which 
remain open without restriction.

SUPPLEMENTARY INFORMATION: The purpose of this restriction is to 
protect persons and their property, by preventing the potential for 
collision between race participants and casual road and trail riders. 
The restriction will also prevent adverse impacts to soil, vegetation, 
wildlife habitat, and recreation resources by preventing the potential 
for cross country travel by or congregating of spectators adjacent to 
or between trails. Search and rescue, medical emergency, law 
enforcement, and other emergency personal are exempted from these 
restrictions. BLM personnel are exempted from these restrictions for 
official administrative purposes. Owners of private lands within or 
adjacent to the Fort Sage OHV Area are exempted for access to owner's 
private land. Permitted OHV use remains limited to designated roads and 
trails as established under the existing OHV designation for the area. 
The authority for this closure is 43 CFR 8364.1

FOR MORE INFORMATION CONTACT: James Sippel, Outdoor Recreation Planner, 
BLM Eagle Lake Field Office (530) 257-0456.

Linda D. Hansen,
Field Manager.
[FR Doc. 01-31754 Filed 12-26-01; 8:45 am]
BILLING CODE 4310-40-M
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT
PRESBYTERIAN CHURCH OF CHESTNUT HILL, Respondent

v. REV. DR. SANDRA M. THOMAS, Petitioner : : : : : : : : : : : : No. 535 EAL 2014 Petition for Allowance of Appeal from the Order of the Commonwealth Court

ORDER
PER CURIAM AND NOW , this 17th day of December, 2014, the Emergency Motion to Seal the Record is hereby GRANTED and the Petition for Allowance of Appeal is DENIED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FLOWERS
INDUSTRIES, INC. CONSOLIDATED STATEMENT OF INCOME FOR THE FORTY WEEKS ENDED
OCTOBER 7, 2000 AND THE FLOWERS INDUSTRIES, INC. CONSOLIDATED BALANCE SHEET AT
OCTOBER 7, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-30-2000
<PERIOD-START>                             JAN-02-2000
<PERIOD-END>                               OCT-07-2000
<CASH>                                          23,766
<SECURITIES>                                         0
<RECEIVABLES>                                  191,140
<ALLOWANCES>                                         0
<INVENTORY>                                    302,401
<CURRENT-ASSETS>                               686,361
<PP&E>                                       1,807,004
<DEPRECIATION>                                 611,997
<TOTAL-ASSETS>                               3,134,622
<CURRENT-LIABILITIES>                          673,494
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        62,830
<OTHER-SE>                                     482,240
<TOTAL-LIABILITY-AND-EQUITY>                 3,134,622
<SALES>                                      3,317,466
<TOTAL-REVENUES>                             3,317,466
<CGS>                                        1,505,245
<TOTAL-COSTS>                                3,072,410
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              86,237
<INCOME-PRETAX>                                158,719
<INCOME-TAX>                                    68,115
<INCOME-CONTINUING>                             35,245
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    35,245
<EPS-BASIC>                                       0.35
<EPS-DILUTED>                                     0.35


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

<ARTICLE> 5
       
<S>                                           <C>
<PERIOD-TYPE>                                9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               SEP-30-1996
<CASH>                                          26,887
<SECURITIES>                                         0
<RECEIVABLES>                                  287,403
<ALLOWANCES>                                         0
<INVENTORY>                                    209,301
<CURRENT-ASSETS>                               825,080<F1>
<PP&E>                                         335,953<F2>
<DEPRECIATION>                                 138,166
<TOTAL-ASSETS>                               1,022,868
<CURRENT-LIABILITIES>                          675,188
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        35,570
<OTHER-SE>                                     312,109
<TOTAL-LIABILITY-AND-EQUITY>                 1,022,868
<SALES>                                      1,496,055
<TOTAL-REVENUES>                             1,545,980
<CGS>                                          873,818
<TOTAL-COSTS>                                1,463,089
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              42,515
<INCOME-PRETAX>                                 40,376
<INCOME-TAX>                                    13,728
<INCOME-CONTINUING>                             32,966
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    807
<CHANGES>                                            0
<NET-INCOME>                                    26,648
<EPS-PRIMARY>                                     .001
<EPS-DILUTED>                                     .001
<FN>
<F1>Includes deposits
<F2>Includes intangible assets
</FN>
        

</TABLE>
Exhibit 99.2

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 Gaiam, Inc. (the "Company") on Form 10-Q for the period ending June 30, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), I, Yudhister Bahl, Chief Financial Officer of Gaiam, Inc., certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 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.

/s/
Yudhister Bahl

Yudhister
Bahl
Chief Financial Officer
August 2, 2002

---

QuickLinks
#### UNITED STATES of America, Plaintiff-Appellee, v. Ronald T. MASKO, Defendant-Appellant.

No. 10-7086.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 16, 2010.

Decided: Dec. 28, 2010.

*698Ronald T. Masko, Appellant Pro Se. Robert Hugh McWilliams, Jr., John Castle Parr, Assistant United States Attorneys, Wheeling, West Virginia, for Appellee.

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ronald T. Masko appeals the district court’s order denying his motion to reduce his sentence under Fed. R. Crim. P. 35. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *United States v. Masko,*No. 5:99-cr-00013-FPS-JES-2 (N.D.W.Va. July 26, 2010). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule  contains  summary  financial  information  extracted  from Silgan
Corporation's  Form  10-Q for the  three  months  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-END>                                   MAR-31-1997
<CASH>                                               5,844
<SECURITIES>                                             0
<RECEIVABLES>                                      104,730
<ALLOWANCES>                                             0
<INVENTORY>                                        248,679
<CURRENT-ASSETS>                                   370,065
<PP&E>                                             496,197
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                     957,171  
<CURRENT-LIABILITIES>                              311,894
<BONDS>                                            634,843
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 0 
<OTHER-SE>                                         (63,930)
<TOTAL-LIABILITY-AND-EQUITY>                       957,171
<SALES>                                            299,427
<TOTAL-REVENUES>                                   299,427
<CGS>                                              256,583
<TOTAL-COSTS>                                      256,583
<OTHER-EXPENSES>                                    22,731 
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                  18,024
<INCOME-PRETAX>                                    (11,746)
<INCOME-TAX>                                        (4,500)
<INCOME-CONTINUING>                                 (7,246)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        (7,246)
<EPS-PRIMARY>                                            0
<EPS-DILUTED>                                            0
        

</TABLE>
<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 Quarterly Report of FragranceNet.com, Inc. (the
"Company") on Form 10-QSB for the period ended September 30, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Dennis M. Apfel, Chairman, Chief Executive Officer and Chief Financial 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 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 result of operations of the Company.





                        By:  /s/ Dennis M. Apfel
                             ------------------------------------
                             Chairman, Chief Executive
                             Officer and Chief Financial Officer



November 12, 2004