alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50557

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANGEL BORUNDA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. P-02-CR-100-16-RAJ

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

Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Angel Borunda appeals his sentence imposed following his

guilty plea conviction for conspiracy to possess with intent to

distribute in excess of 1000 kilograms of marijuana. Borunda was

sentenced to 120 months’ imprisonment, to be followed by a fiveyear term of supervised release. 

Prosecutorial misconduct was an exception to the appeal

waiver provision in Borunda’s plea agreement, and Borunda argues

that his waiver was invalid because the prosecutor engaged in

United States Court of Appeals

Fifth Circuit

F I L E D

June 22, 2004

Charles R. Fulbruge III

Clerk
No. 03-50557

-2-

misconduct in asserting that Borunda was not eligible for

application of U.S.S.G. § 5C1.2, the safety valve provision.

The evidence presented showed that the agents did not

believe that Borunda had provided them with all the information

or evidence that he possessed, and the district court agreed

with the agents by refusing to apply the safety valve provision. 

Borunda has not demonstrated any act of misconduct on the part of

the prosecutor in connection with the district court’s decision

not to apply the safety valve provision. Thus, Borunda was not

entitled to rely on the prosecutorial misconduct exception to

the waiver provision in his plea agreement. Borunda has not

otherwise shown that the waiver was unknowingly and involuntarily

entered. See United States v. Melancon, 972 F.2d 566, 567-68

(5th Cir. 1992). 

Borunda cannot overcome the waiver by arguing that his

sentence was illegal because such argument was not excepted from

the waiver. The waiver in Borunda’s plea agreement must be

enforced, and the appeal DISMISSED. We need not address

Borunda’s claim that the district court erred in refusing to

apply the safety valve provision.

APPEAL DISMISSED.
#### Francisco Javier Rivera AGREDANO, et al., petitioners, v. UNITED STATES.

No. 10-99.

Jan. 18, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-4423

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BENJAMIN J. JONES, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge. (CR-92-30) Submitted: November 4, 2005 Decided: November 17, 2005 Before MICHAEL, KING, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. C. Jennifer Coble, COBLE & SNOW, L.L.P., Charlotte, North Carolina, for Appellant. Gretchen C. F. Shappert, United States Attorney, Keith M. Cave, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Benjamin J. Jones appeals the district court’s order revoking his supervised release on the basis that he committed attempted murder and was a felon in possession of a firearm during his term of supervised release. This court reviews a district court’s revocation of supervised release for abuse of discretion. United States v. Copley , 978 F.2d 829, 831 (4th Cir. 1992). We have reviewed the record and find no reversible error. A violation of a condition of supervised release must be proved by a preponderance of the evidence. See18 U.S.C.A. § 3583(e)(3) (2000); Johnson v. United States , 529 U.S. 694, 700 (2000). A state conviction for the underlying conduct is not required, and the district court’s finding of witness credibility in the revocation hearing is not reviewable. See U.S. Sentencing Guidelines Manual § 7B1.1, comment. (n.1) (2002); United States v. Saunders , 886 F.2d 56, 60 (4th Cir. 1989). Accordingly, we affirm the district court’s judgment revoking Jones’s supervised release. 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
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

NEWS RELEASE

Office of the Executive Director

Washington, D.C.

Contact: Lisa M. Boyd Release No. 19-01

Executive Director March 25, 2019

(202) 434-9905

lboyd@fmshrc.gov

MARCO M. RAJKOVICH, JR, SWORN IN AS CHAIRMAN;

WILLIAM I. ALTHEN AND ARTHUR R. TRAYNOR III

SWORN IN AS COMMISSIONERS

OF THE FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

Marco M. Rajkovich, Jr., of Kentucky, was sworn in today as a Commissioner of the Federal 

Mine Safety and Health Review Commission for a term expiring August 30, 2024, vice 

Robert F. Cohen Jr., term expired. He has also been designated by the President as Chairman. 

Chairman Rajkovich was nominated by President Trump on January 16, 2019, and confirmed by 

the Senate on March 14, 2019.

William I. Althen, of Virginia, was sworn in today as a Commissioner of the Federal Mine 

Safety and Health Review Commission, reappointed for a term of six years expiring 

August 30, 2024. He was nominated by President Trump on January 16, 2019, and confirmed by 

the Senate on March 14, 2019.

Arthur R. Traynor III, of the District of Columbia, was sworn in today as a Commissioner of the 

Federal Mine Safety and Health Review Commission for a term expiring August 30, 2022, vice 

Patrick K. Nakamura, term expired. He was nominated by President Trump on January 16, 2019,

and confirmed by the Senate on March 14, 2019.

The Federal Mine Safety and Health Review Commission is an independent adjudicative agency 

that provides administrative trial and appellate review of legal disputes arising under the Federal 

Mine Safety and Health Act of 1977.

###
103D CONGRESS

1ST SESSION H. R. 168

AN ACT

To designate the Federal building to be constructed

States Courthouse’’.nessee, as the ‘‘Howard H. Baker, Jr. Unitedberland and Church Avenues in Knoxville, Tenbetween Gay and Market Streets and Cum-
103D CONGRESS

1ST SESSION H. R. 168

AN ACT

To designate the Federal building to be constructed between

Gay and Market Streets and Cumberland and Church

Avenues in Knoxville, Tennessee, as the ‘‘Howard H.

Baker, Jr. United States Courthouse’’.

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

3 SECTION 1. DESIGNATION.

4 The Federal building to be constructed between Gay

5 and Market Streets and Cumberland and Church Avenues

6 in Knoxville, Tennessee, shall be known and designated

7 as the ‘‘Howard H. Baker, Jr. United States Courthouse’’.
2

•HR 168 EH

1 SEC. 2. REFERENCES.

2 Any reference in a law, map, regulation, document,

3 paper, or other record of the United States to the Federal

4 building referred to in section 1 shall be deemed to be

5 a reference to the ‘‘Howard H. Baker, Jr. United States

6 Courthouse’’.

Passed the House of Representatives June 29 (legislative day, June 28), 1993.

Attest:

Clerk.
##### 



Exhibit 32.2 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 Zila, Inc. (the Company) for the period ended
January 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Andrew A. Stevens, Chief Financial Officer of Zila, Inc., (the Company), hereby
certify pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,
that 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; 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/ Andrew A. StevensAndrew A. StevensChief Financial OfficerMarch 9, 2005
 A signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears in typed form
within the electronic version of this written statement required by Section 906, has been provided
to Zila, Inc. and will be retained by Zila, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
Exhibit 23.1


Consent of Independent
Registered Public Accounting Firm
 
 The Board
of Directors
 Strategic
Diagnostics Inc.:
  We
consent to the incorporation by reference in the registration statements (Nos.
333-68484, 333-118297, 333-68107, 333-21211, and 333-20421) on Form S-8 of
Strategic Diagnostics Inc. of our report dated March 26, 2010, with respect to
the consolidated balance sheets of Strategic Diagnostics Inc. and subsidiaries
as of December 31, 2009 and 2008, and the related consolidated statements of
operations, stockholders’ equity and comprehensive income (loss) and cash flows
for each of the years in the three-year period ended December 31, 2009, which
report appears in the December 31, 2009 annual report on Form 10-K of Strategic
Diagnostics Inc.
  
  /s/ KPMG
LLP
  
 Philadelphia,
Pennsylvania
 March 26,
2010
1

Order filed October 27, 2020 

In The

Fourteenth Court of Appeals

____________

NO. 14-20-00557-CV

____________

ASHTON B. YOUBOTY, Appellant

V.

JOHN S. YOUBOTY, SR. AND MUSU JONES, Appellees

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2019-74423

ORDER

John S. Youboty, Sr. and Musu Jones filed a notice of appeal on August 19, 

2020. To date, those parties have not paid the filing fee of $205.00.1 No evidence 

that those parties are excused by statute or the Texas Rules of Appellate Procedure 

from paying costs has been filed. See Tex. R. App. P. 5. 

1 Ashton B. Youboty filed a notice of appeal on August 7, 2020, and paid his filing fee on August 

12, 2020.
2

On September 29, 2020, we ordered John S. Youboty, Sr. and Musu Jones to 

pay the filing fee in the amount of $205.00 to the clerk of this court on or before

October 9, 2020, or their appeal would be dismissed. See Tex. R. App. P. 5. Their 

filing fee has not been paid. 

The appeal by John S. Youboty, Sr. and Musu Jones is dismissed. See Tex. R. 

App. P. 42.3(c) (allowing involuntary dismissal of case because appellant failed to 

comply with notice from clerk requiring response or other action within specified 

time).

The appeal of Ashton B. Youboty remains pending.

PER CURIAM

Panel consists of Justices Christopher, Jewell, and Zimmerer.
Reinstated and Order filed December 9, 2014.

In The

Fourteenth Court of Appeals

____________

NO. 14-14-00043-CR

____________

HUNG PHUOC LE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 1371912

ORDER

Appellant is represented by retained counsel, David Ryan. The reporter’s 

record was filed September 12, 2014. Appellant’s brief was due October 13, 2014. 

See Tex. R. App. P. 38.6(a). Appellant’s counsel requested and was granted an 

extension of time to file the brief until November 12, 2014. No brief was filed. 

Counsel and the trial court were notified on November 14, 2014, that no brief had 

been filed. No response from appellant was been received. Accordingly, on 
December 4, 2014, this court abated the appeal and directed the trial court to 

conduct a hearing to determine the reason for the failure to file a brief.

In December 5, 2014, appellant’s counsel filed a motion for extension of 

time to file a brief, which the court granted. Accordingly, we ORDER the appeal 

REINSTATED. We withdraw the request for the trial court to conduct a hearing. 

PER CURIAM
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Balance Sheet as of March 31, 1999 and the Consolidated Statement
of Operations for the three months ended March 31, 1999 and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
<CIK>                                       0000828509
<NAME>                         ATS MONEY SYSTEMS, INC.
<MULTIPLIER>                                         1
<CURRENCY>                                U.S. Dollars
       
<S>                                        <C>
<PERIOD-TYPE>                               3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                         937,422
<SECURITIES>                                         0
<RECEIVABLES>                                2,610,117
<ALLOWANCES>                                   140,629
<INVENTORY>                                  1,141,804
<CURRENT-ASSETS>                             4,660,490
<PP&E>                                         361,897
<DEPRECIATION>                                 206,004
<TOTAL-ASSETS>                               6,638,066
<CURRENT-LIABILITIES>                        2,794,031
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,942
<OTHER-SE>                                   3,684,807
<TOTAL-LIABILITY-AND-EQUITY>                 6,638,066
<SALES>                                      2,691,908
<TOTAL-REVENUES>                             3,290,643
<CGS>                                        1,279,889
<TOTAL-COSTS>                                1,540,801
<OTHER-EXPENSES>                             1,356,017
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,292
<INCOME-PRETAX>                                405,117
<INCOME-TAX>                                   160,000
<INCOME-CONTINUING>                            245,117
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   245,117
<EPS-PRIMARY>                                      .04
<EPS-DILUTED>                                      .04
        


</TABLE>
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 the Treasury

###### Internal Revenue Service 

          - 26 CFR Part 1 
          - [TD 8924] 
          - RIN 1545-AY63 

# AGENCY:

Internal Revenue Service (IRS), Treasury. 

# ACTION:

Correction to temporary and final regulations. 

# SUMMARY:

                        This document contains a correction to temporary and final regulations that were published in the                         **Federal Register**                         on January 4, 2001 (66 FR 723). This document relates to the assumption of liabilities in certain corporate transactions under section 301 of the Internal Revenue Code.                     

# DATES:

This correction is effective January 4, 2001. 

# FOR FURTHER INFORMATION CONTACT:

Mary Dean (202) 622-7550 (not a toll-free number). 

# SUPPLEMENTARY INFORMATION:

## Background 

The temporary and final regulations that are the subject of this correction are under section 301 of the Internal Revenue Code. 

## Need for Correction 

As published, these temporary and final regulations (TD 8924) contain an error that may prove to be misleading and is in need of clarification. 

## Correction of Publication 

Accordingly, the publication of the temporary and final regulations (TD 8924), which were the subject of FR Doc. 01-200, is corrected as follows: 

                        On page 723, column 3, in the preamble under the paragraph heading                         *“A. State of the Law Before the Miscellaneous Trade and Technical Corrections Act of 1999”,*                         line 6, the language “distribution shall be reduced (but now” is corrected to read “distribution shall be reduced (but not”.                     

Cynthia E. Grigsby, 

Chief, Regulations Unit, Office of Special Counsel (Modernization and Strategic Planning). 

[FR Doc. 01-3775 Filed 2-13-01; 8:45 am] 

BILLING CODE 4830-01-P
IN THE SUPREME COURT OF PENNSYLVANIA

In the Matter of

CLARISSA THOMAS A/K/A CLARISSA 

THOMAS EDWARDS A/K/A CLARISSA 

T. EDWARDS

:

:

:

:

:

:

:

:

:

:

No. 2909 Disciplinary Docket No. 3

No. 112 DB 2022

(District of Columbia Court of Appeals, 

No. 19-BG-659)

Attorney Registration No. 58582

(Out of State)

ORDER

PER CURIAM

AND NOW, this 8

th day of November, 2022, having failed to respond to a Notice 

and Order directing her to provide reasons against the imposition of reciprocal discipline, 

Clarissa Thomas, a/k/a Clarissa Thomas Edwards, a/k/a Clarissa T. Edwards, is 

suspended from the practice of law in the Commonwealth of Pennsylvania for a period of 

two years. She shall also comply with all the provisions of Pa.R.D.E. 217.
#### Esteban Donato Maldonado DIAZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 09-72102.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 12, 2014.

Filed April 2, 2014.

Esteban Donato Maldonado Diaz, San Rafael, CA, for Petitioner.

Oil, Sarah L. Vuong, U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: WALLACE and BERZON, Circuit Judges; and ZOUHARY, District Judge.*

*

 The Honorable Jack Zouhary, United States District Judge for the Northern District of Ohio, sitting by designation.

MEMORANDUM **

Petitioner Esteban Donato Maldonado Diaz (“Diaz”), a native of Guatemala, peti*620tions for review of an order from the Board of Immigration Appeals (“BIA”) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252.

Amicus counsel argues the BIA committed a due process violation by concluding Diaz had abandoned a political opposition claim related to a forced meeting held by guerrillas with townspeople and by failing to develop the record adequately. However, Diaz fails to show he suffered prejudice as a result of any alleged due process violation. *See Colmenar v. INS,*210 F.3d 967, 971 (9th Cir.2000); *see also Cruz Rendon v. Holder,*603 F.3d 1104, 1109 (9th Cir.2010). This is so because the generalized threats to the townspeople are patently insufficient to warrant relief. *See Lim v. INS,*224 F.3d 929, 936 (9th Cir.2000).

Substantial evidence supports the BIA’s conclusion that Diaz did not establish past persecution on account of his political opinion or a well-founded fear of future persecution. *See Ochave v. INS,*254 F.3d 859, 865 (9th Cir.2001); *Sangha v. INS,*103 F.3d 1482, 1486-87 (9th Cir.1997). The bus robberies he endured were random acts of violence and fear of violence is an insufficient basis for granting asylum. *See Chavez v. INS,*723 F.2d 1431, 1434 (9th Cir.1984).

PETITION DENIED.

**

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

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
balance sheets and statements of operations found on pages 3-5 of the
Company's Form 10-Q for the year to date, and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         104,309 
<SECURITIES>                                         0
<RECEIVABLES>                               17,702,346
<ALLOWANCES>                                         0
<INVENTORY>                                  5,285,373
<CURRENT-ASSETS>                            24,933,855
<PP&E>                                       2,319,971
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              37,793,844
<CURRENT-LIABILITIES>                       15,506,347
<BONDS>                                              0
<COMMON>                                         7,422
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    623,414
<OTHER-SE>                                  16,182,820
<TOTAL-LIABILITY-AND-EQUITY>                37,793,844
<SALES>                                     13,784,835
<TOTAL-REVENUES>                            13,784,835
<CGS>                                       10,368,525
<TOTAL-COSTS>                                2,909,420
<OTHER-EXPENSES>                                68,267
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             297,322
<INCOME-PRETAX>                                277,835
<INCOME-TAX>                                    12,412
<INCOME-CONTINUING>                            265,423 
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   265,423 
<EPS-PRIMARY>                                      .03
<EPS-DILUTED>                                      .03 

</TABLE>