alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Victor CHAVEZ-GARCIA, Defendant-Appellant.

No. 12-30370.

United States Court of Appeals, Ninth Circuit.

Submitted March 3, 2014.*

Decided April 11, 2014.

Michael J. Fica, Assistant U.S., USPO-Office of the U.S. Attorney, Pocatello, ID, for Plaintiff-Appellee.

John Mcevoy Howell, Esquire, Brassey Wetherell & Crawford, Boise, ID, for Defendant-Appellant.

Before: TROTT and W. FLETCHER, Circuit Judges, and BLOCK, Senior District Judge.**

*

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

**

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

MEMORANDUM ***

Because the facts and circumstances of this case are well known to the parties, we repeat them only as necessary to illuminate our decision.

I

The government candidly acknowledges its error in inadvertently failing to timely disclose a late-discovered local agency’s exculpatory fingerprint report. As soon as the government became aware of the report, it was turned over to Chavez-Garcia’s attorney. At the same time the government alerted the court to its lapse, the government suggested that the defendant be given more time before trial to prepare. Defense counsel did not request a continuance, and the court barred the government — but not Chavez-Garcia — from referring to or making any use of the report during trial.

During the trial, defense counsel introduced the report and effectively used it to cross-examine a key government witness, establishing that his client’s fingerprints *560were not on a bag of methamphetamine found in his mother’s house where he lived. Accordingly, reviewing this issue de novo, we conclude beyond any doubt that the government’s failure to timely disclose the report was harmless.

II

In connection with his sentence, Chavez-Garcia argues that the court erred in calculating the amount of methamphetamine attributed to him, i.e., 422.7 grams of actual methamphetamine, the amount found in his residence. He says the amount should be only 28 grams, an amount he referred to in a telephone call as a “worker,” meaning one ounce, or 28 grams. We review this issue for clear error.

A conspirator is accountable for “reasonably foreseeable acts and omissions of others in furtherance of the jointly undertaken criminal activity, that occurred during the commission of the offense of conviction, in preparation for that offense, or in the course of attempting to avoid detection or responsibility for that offense.” U.S. Sentencing Guidelines Manual § 1B1.3(a)(1)(B) (2013).

Chavez-Garcia was actively involved in the methamphetamine conspiracy, originally said he knew the methamphetamine was in the house, and was caught on a recording using code words in the transaction. The court did not clearly err in attributing 422.7 grams of methamphetamine to Chavez-Garcia.

AFFIRMED.

***

 The Honorable Frederic Block, Senior District Judge for the U.S. District Court for the Eastern District of New York, sitting by designation.
Form 8900

Department of the Treasury 

Internal Revenue Service

Qualified Railroad Track Maintenance Credit

▶ Attach to your tax return.

▶ Information about Form 8900 and its separate instructions is at www.irs.gov/form8900.

OMB No. 1545-1983

2015

Attachment 

Sequence No. 144

Name(s) shown on return Identifying number

1 Qualified railroad track maintenance expenditures paid or incurred (see 

instructions) . . . . . . . . . . . . . . . . . . . 1 

2 Enter 50% (0.50) of line 1 . . . . . . . . . . . . . . . . . . . . . . . . 2 

3 a Number of miles of railroad track owned or leased by you (see 

instructions) . . . . . . . . . . . . . . . . . . . 3a 

b Less: number of miles of railroad track owned or leased by you and 

assigned to other eligible taxpayers for purposes of this credit. See 

instructions for more information, including required statement . . 3b ( )

c Number of miles of railroad track assigned to you by the owner or 

lessee for purposes of this credit. See instructions for more 

information, including required statement . . . . . . . . . 3c 

d Total. Combine lines 3a through 3c . . . . . . . . . . . . . . . . . . . . ▶ 3d

4 Multiply line 3d by $3,500 . . . . . . . . . . . . . . . . . . . . . . . . 4 

5 Enter the smaller of line 2 or line 4 . . . . . . . . . . . . . . . . . . . . . 5 

6 Qualified railroad track maintenance credit from partnerships and S corporations (see instructions) 6 

7 Add lines 5 and 6. Partnerships and S corporations, report this amount on Schedule K. All 

others, report this amount on Form 3800, Part III, line 4g . . . . . . . . . . . . . . 7 

For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 37708X Form 8900 (2015)
Back to Contents

**Exhibit 32.2**

**CERTIFICATION UNDER SECTION 906****SARBANES-OXLEY ACT OF 2002**

I, Daniel E. Hamilton, the Chief Financial Officer of Crystallex International Corporation (the “registrant”), certify that:

1. Based on my knowledge, the Annual Report on Form 40-F for the year ended December 31, 2005 (“Form 40-F”), of the registrant fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and

2. Based on my knowledge, the information contained in Form 40-F fairly presents, in all material respects, the financial condition and results of operations of the registrant for the year ended December 31, 2005.

Date: March 31, 2006

/s/ Daniel E. HamiltonDaniel E. HamiltonChief Financial Officer

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

----
#### UNITED STATES of America, Plaintiff-Appellee v. Jose DE PAZ-FLORES, Defendant-Appellant.

No. 10-50430

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Jan. 18, 2011.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell, Assistant Federal Public Defender, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.

Before BARKSDALE, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

Jose De Paz-Flores appeals his within-Guidelines sentence of 70 months’ impris*840onment, the lowest in his advisory sentencing range, imposed following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1826(a). De Paz contends his sentence is greater than necessary to meet 18 U.S.C. § 3553(a)’s sentencing goals, rendering it substantively unreasonable, because: (1) his criminal history was taken into account twice in determining his sentencing range; (2) his offense was nonviolent, akin to trespass; (3) his highest previous sentence, 37 months, was received on a drug-trafficking conviction; (4) a condition caused by a car accident renders his incarceration comparatively difficult; (5) he has a wife and infant in Mexico; and (6) his motive for reentry was to work to assist his family.

As De Paz concedes, he did *not*object in district court to the reasonableness of his sentence. Therefore, this issue is reviewed only for plain error. *E.g., United States v. Anderson,*559 F.3d 348, 358 (5th Cir.), *cert. denied,*— U.S. -, 129 S.Ct. 2814, 174 L.Ed.2d 308 (2009). Also conceding our court requires an objection to the reasonableness of the sentence to be made in district court, De Paz urges that should not be required and raises that issue to preserve it for possible future review.

Plain error is a forfeited error that is clear or obvious and affects defendant’s substantial rights. *United States v. Mondragon-Santiago,*564 F.3d 357, 361 (5th Cir.), *cert. denied,*— U.S. -, 130 S.Ct. 192, 175 L.Ed.2d 120 (2009). If defendant establishes such error, our court has discretion to correct it and, generally, will do so “only if it seriously affects the fairness, integrity, or public reputation of judicial proceedings”. *Id.*(internal quotation marks and citation omitted).

In selecting the sentence, the district court considered the Guidelines, the § 3553(a) factors, the facts contained in the presentence investigation report, and De Paz’ allocution. De Paz has neither rebutted the presumption that his within-Guidelines sentence was reasonable, *see United States v. Alonzo,*435 F.3d 551, 554 (5th Cir.2006), nor demonstrated any error, plain or otherwise. *See Mondragon-Santiago,*564 F.3d at 361.

AFFIRMED.

*

 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 32**

**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 Oak Ridge Micro-Energy, Inc. (the “Registrant”) on Form 10-Q for the period ending March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Annual Report”), I, Mark L. Meriwether, President of the Registrant, 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 Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant. 
| *Date:*

*May 13, 2010*

  

*By:*

*/s/Mark L. Meriwether*

  

  

  

  

*Mark L. Meriwether, President and Director* |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
**EXHIBIT 32.2**

 

### **CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION1350**

**AS REQUIRED BY**

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

# ** **

In connection with the Annual Report on Form10-K of Steinway Musical Instruments, Inc. (the “Company”) for the fiscal yearended December 31, 2004 as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), I, Dennis M. Hanson, Senior Executive VicePresident and Chief Financial Officer of the Company, certify that to the bestof my knowledge:

 

1. The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

2. The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
|            | /s/ Dennis  M. Hanson                |   |
|-----------------|--------------------------------------|--------|
|            |                                 |
|            | Senior  Executive Vice President and |
|            | Chief  Financial Officer             |
|            | (Principal  Financial Officer)       |
|            |                                 |
|            |                                 |
| March 30,  2005 |                                 |

 

 

A signedoriginal of this written statement required by Section 906 has been provided toSteinway Musical Instruments, Inc. and will be retained by Steinway MusicalInstruments, Inc. and furnished to the Securities and Exchange Commission orits staff upon request.

 

----
Form 8910

Department of the Treasury 

Internal Revenue Service 

Alternative Motor Vehicle Credit

▶ Attach to your tax return.

▶ Go to www.irs.gov/Form8910 for instructions and the latest information.

OMB No. 1545-1998

2018

Attachment 

Sequence No. 152

Name(s) shown on return Identifying number

Note:

• Use this form to claim the credit for certain alternative motor vehicles acquired in 2017 but not placed in service until 2018 (see 

instructions).

• Claim the credit for certain plug-in electric vehicles on Form 8936.

Part I Tentative Credit

Use a separate column for each vehicle. If you need more columns, 

use additional Forms 8910 and include the totals on lines 7 and 11. (a) Vehicle 1 (b) Vehicle 2 

1 Year, make, and model of vehicle . . . . . . . 1

2 Vehicle identification number (see instructions) . . 2

3 Enter date vehicle was placed in service (MM/DD/YYYY) 3 / / / /

4 Tentative credit (see instructions for amount to enter) 4

Next: If you did NOT use your vehicle for business or investment purposes and did not have a credit from a partnership or 

S corporation, skip Part II and go to Part III. All others, go to Part II.

Part II Credit for Business/Investment Use Part of Vehicle 

5 Business/investment use percentage (see instructions) 5 % %

6 Multiply line 4 by line 5 . . . . . . . . . . 6

7 Add columns (a) and (b) on line 6 . . . . . . . . . . . . . . . . . . 7

8 Alternative motor vehicle credit from partnerships and S corporations (see instructions) 8

9 Business/investment use part of credit. Add lines 7 and 8. Partnerships and S 

corporations, stop here and report this amount on Schedule K. All others, report this 

amount on Form 3800, Part III, line 1r . . . . . . . . . . . . . . . . 9

Part III Credit for Personal Use Part of Vehicle 

10 If you skipped Part II, enter the amount from line 4. If 

you completed Part II, subtract line 6 from line 4 . . 10

11 Add columns (a) and (b) on line 10 . . . . . . . . . . . . . . . . . 11

12 Enter the amount from Form 1040, line 11, or Form 1040NR, line 45 . . . . . . 12

13 Personal credits from Form 1040 or 1040NR (see instructions) . . . . . . . . 13

14 Subtract line 13 from line 12. If zero or less, enter -0- and stop here. You cannot claim

the personal use part of the credit . . . . . . . . . . . . . . . . . . 14

15 Personal use part of credit. Enter the smaller of line 11 or line 14 here and on Schedule 3 

(Form 1040), line 54 (or Form 1040NR, line 51). Check box c on that line and enter “8910” in 

the space next to that box. If line 14 is smaller than line 11, see instructions . . . . . 15

For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 37720F Form 8910 (2018)
Exhibit 32.2



SECTION 1350 CERTIFICATIONS



In connection with the Quarterly Report of Royal BodyCare, Inc. (the Company) on Form 10-Q for the period ending June 30, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the Report), Steven E. Brown, Vice President  Finance and Chief Financial Officer of the Company, does hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:



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



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



/s/ Steven E. BrownSteven E. BrownVice President  Finance andChief Financial OfficerAugust 12, 2005




A signed original of this
written statement required by Section 906 has been provided to Royal BodyCare, Inc. and will be retained by Royal BodyCare, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Transmittal of Employer’s Annual OMB No. 1545-0714

Information Return of Tip Income and Allocated Tips Form 8027-T

Department of the Treasury

Internal Revenue Service

© For Privacy Act and Paperwork Reduction Act Notice, see

the Instructions for Form 8027.

Employer’s name Employer identification number

Type or print employer’s

name, address, and

employer identification

number as shown on

Form 941.

Number and street (or P.O. box number, if mail is not delivered to street address.) Number of accompanying Forms 8027

City or town, state, and ZIP code

File Form 8027-T along with accompanying Forms

8027 with the Department of the Treasury, Internal

Revenue Service, Cincinnati, OH 45999 by March 2,

2009.

Use Form 8027-T to send Forms 8027 to the

Internal Revenue Service Center if you have more

than one establishment for which you have to file

Form 8027.

Cat. No. 61006A Form 8027-T (2008)

Apt. or suite no.

2008
<PAGE>

                                                                    EXHIBIT 23.2




                          CONSENT OF INDEPENDENT ACCOUNTANTS




We consent to the incorporation by reference in the registration statement of 
C. Brewer Homes, Inc. on Form S-3 (File No. 33-88310) of our report dated 
June 30, 1997, on our audit of the financial statements and financial 
statement schedules of C. Brewer Homes, Inc. as of March 31, 1997 and 1996 
and for each of the three years in the period ended March 31, 1997, which report
is included in this Annual Report on Form 10-K.

                                   COOPERS & LYBRAND L.L.P



Honolulu, Hawaii
June 30, 1997
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2248 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2248

To provide that petitioners for immigration classification on the basis 
of immediate relative status to a citizen shall be required to pay only 
        one fee when such petitions are filed at the same time.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 1993

  Mr. Dornan introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To provide that petitioners for immigration classification on the basis 
of immediate relative status to a citizen shall be required to pay only 
        one fee when such petitions are filed at the same time.

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

SECTION 1. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

    Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
is amended by inserting at the end of subsection (a)(1)(A) ``Regardless 
of the number of petitions, a citizen shall be required to pay only one 
fee for petitions filed under the first sentence, if such petitions are 
filed at the same time.''.

                                 <all>
```
<PAGE>

                                                                    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 Annual Report on Form 10-K of Ameristar Casinos,
Inc. (the "Company") for the period ending December 31, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Craig
H. Neilsen, Chairman, President and CEO 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 result of operations
            of the Company.

                                       /s/ Craig H. Neilsen

                                       Craig H. Neilsen
                                       Chairman, President and CEO
                                       March 30, 2003

<PAGE>

On this 30th day of March, 2003, Craig H. Neilsen directed ______________, in
his presence as well as our own, to sign the foregoing document as "Craig H.
Neilsen." Upon viewing the signature as signed by ________________, and in our
presence, Craig H. Neilsen declared to us that he adopted it as his own
signature.

                                       -----------------------------------------
                                       Witness

                                       -----------------------------------------
                                       Witness

STATE OF NEVADA   )
                  :ss
COUNTY OF CLARK   )

      I, ____________________________________, Notary Public in and for said
county and state, do hereby certify that Craig H. Neilsen personally appeared
before me and is known or identified to me to the person whose name is
subscribed to the within instrument. Craig H. Neilsen, who being unable to due
to physical incapacity to sign his own name or offer his mark, did direct
_________________________________, in his presence, as well as my own, to sign
the foregoing document as "Craig H. Neilsen." Craig H. Neilsen, after viewing
his name as signed by __________________________________, thereupon adopted it
as his own by acknowledging to me his intention to so adopt it as if he had
personally executed the same.

      IN WITNESS WHEREOF, I have hereunto set my hand and official seal this
30th day of March, 2003.


                                       -----------------------------------------
                                       Notary Public

                                       Residing at:
                                                   -----------------------------
My Commission Expires:

--------------------------------
1 The Honorable Rodney W. Sippel, United States District Judge for the Eastern

District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 00-3548

___________ United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Kevin McRay Smith, * Eastern District of Missouri. * Appellant. * [UNPUBLISHED]

___________ Submitted: July 9, 2001 Filed: July 16, 2001

___________ Before BOWMAN, BEAM, and LOKEN, Circuit Judges.

___________ PER CURIAM. Kevin McRay Smith appeals the sentence imposed by the district court 1 following his guilty plea to drug offenses. The district court sentenced Smith to 188 months imprisonment and 5 years supervised release. Onappeal, Smith challenges the district court’s finding that he was a career offender, arguing that his burglaries of commercial buildings should not be considered crimes of violence under U.S.S.G. §§ 4B1.1 and 4B1.2.-2-

As Smith concedes, in UnitedStates v. Hascall , 76 F.3d 902, 906 (8th Cir.), cert. denied , 519 U.S. 948 (1996), this court determined that second-degree burglary of a commercial building is a crime of violence. Smith urges us to find that Hascall was wrongly decided. Even if we were inclined to do so, we are not at liberty to overturn the decision; only the court sitting en banc may do so. See UnitedStates v. Reynolds , 116 F.3d 328, 329 (8th Cir. 1997) (refusing to consider argument that Hascall was wrongly decided). Accordingly, we affirm. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.