alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Appellee, v. Jesus Francisco RAMIREZ-GARCIA, also known as Francisco Ramirez, Appellant.

No. 10-2578.

United States Court of Appeals, Eighth Circuit.

Submitted: Feb. 4, 2011.

Filed: Feb. 9, 2011.

Richard D. Westphal, Assistant U.S. Attorney, U.S. Attorney’s Office, Davenport, IA, for Appellee.

John P. Messina, Assistant, Federal Public Defender, Federal Public Defender’s Office, Des Moines, IA, for Appellant.

Jesus Francisco Ramirez-Garcia, Muscatine, IA, pro se.

Before MELLOY, GRUENDER, and BENTON, Circuit Judges.

PER CURIAM.

Jesus Francisco Ramirez-Garcia appeals the sentence the district court1 imposed after he pled guilty to illegal reentry after deportation following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a), (b)(2). Counsel seeks to withdraw, and has filed a brief under *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sen*45tence is unreasonable. Ramirez-Garcia has filed a pro se supplemental brief arguing that he received ineffective assistance of counsel.

First, we decline to consider the ineffective-assistance claim on direct appeal. *See United States v. Cain,*134 F.3d 1345, 1352 (8th Cir.1998) (ineffective-assistance claim should be raised in 28 U.S.C. § 2255 motion). Further, we conclude that the district court committed no procedural error in sentencing Ramirez-Garcia, and imposed a substantively reasonable sentence. *See Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (in reviewing sentence, appellate court first ensures that district court committed no significant procedural error, and then considers substantive reasonableness of sentence under abuse-of-discretion standard); *United States v. Haack,*403 F.3d 997, 1004 (8th Cir.2005) (describing ways in which court might abuse its discretion at sentencing).

Having reviewed the record independently under *Penson v. Ohio,*488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfrivolous issues. Accordingly, we grant counsel leave to withdraw, and we affirm.

1

. The Honorable John A. Jarvey, United States District Judge for the Southern District of Iowa.
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 Energy

          - 48 CFR Parts 904, 952 and 970 
          - RIN 1991-AB54 

# AGENCY:

Department of Energy. 

# ACTION:

Proposed rule; extension of public comment period. 

# SUMMARY:

                        On February 1, 2001, the Department of Energy (DOE) published a Notice of Proposed Rulemaking to consider amending its Acquisition Regulation to: implement, in part, the requirements of Section 3147 of the National Defense Authorization Act for Fiscal Year 2000 relating to the safeguarding of classified information; establish more objective standards and procedures for considering and applying reductions of fee or other amounts payable for contractor performance                               ( print page 13474)                            failures relating to environment, safety, and health (ES&H); and make related technical and conforming amendments. The comment period was to end on March 5, 2001. In response to requests of several of DOE's major contractors, DOE is extending the comment period to on or before the close of business on April 5, 2001.                     

# DATES:

Written comments must be received on or before the close of business April 5, 2001. 

# ADDRESSES:

Comments (3 copies) should be addressed to: Michael L. Righi, Department of Energy, Office of Procurement and Assistance Management, MA-51, 1000 Independence Avenue, SW., Washington, DC 20585. 

# FOR FURTHER INFORMATION CONTACT:

Michael L. Righi at michael.l.righi@hq.doe.gov or (202) 586-8175. 

Issued in Washington, D.C. on February 28, 2001. 

Gwendolyn S. Cowan, 

Acting Director, Office of Procurement and Assistance Management, Department of Energy.

[FR Doc. 01-5431 Filed 3-5-01; 8:45 am] 

BILLING CODE 6450-01-P
2009-1863.

#### State ex rel. Smith v. Indus. Comm.

Franklin App. No. 08AP-854, 2009-Ohio-4833.
#### Denis AGOLLI, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 06-3959-ag.

United States Court of Appeals, Second Circuit.

March 30, 2007.

*77FOR PETITIONER: Justin Conlon, North Haven, Connecticut.

FOR RESPONDENT: Maxwell Wood, United States Attorney for the Middle District of Georgia, Sharon T. Ratley, Assistant United States Attorney, Macon, Georgia.

PRESENT: Hon. ROSEMARY S. POOLER, Hon. ROBERT D. SACK, Hon. SONIA SOTOMAYOR, Circuit Judges.

*SUMMARY ORDER*

Petitioner Denis Agolli, a native and citizen of Abania, seeks review of a July 27, 2006 order of the BIA affirming the March 1, 2005 decision of Immigration Judge (“IJ”) Michael W. Straus, denying petitioner’s application for asylum, withholding of removal, and CAT relief. *In*re *Denis Agolli*No. [ A XX XXX XXX ] (B.I.A. July 27, 2006), *aff'g*No. [ A XX XXX XXX ] (Immig. Ct. Hartford Mar. 1, 2005). We assume the parties’ familiarity with the underlying facts and procedural history of the case.

Where, as here, the BIA summarily affirms the decision of the IJ without issuing an opinion, see 8 C.F.R. § 1003.1(e)(4), this Court reviews the IJ’s decision as the final agency determination. *See, e.g., Twum v. INS,*411 F.3d 54, 58 (2d Cir.2005). As a preliminary matter, because the petitioner failed to exhaust his claims for withholding and CAT relief, we lack jurisdiction to review those claims and dismiss the petition for review to this extent. *See 8 U.S.C. §*1252(d)(1).

This Court reviews the agency’s factual findings, including adverse credibility determinations, under the substantial evidence standard. 8 U.S.C. § 1252(b)(4)(B); *see, e.g., Zhou Yun Zhang v. INS,*386 F.3d 66, 73 & n. 7 (2d Cir.2004).

We find that the material and significant testimonial and documentary inconsistencies and implausibilities relied upon by the IJ in reaching his adverse credibility determination are supported by substantial evidence in the record. The IJ afforded Agolli an opportunity to explain each of these discrepancies, which the IJ was not required to accept. *See Majidi v. Gonzales,*430 F.3d 77, 80-81 (2d Cir.2005). Accordingly, we deny his petition for review of the IJ’s denial of his application for asylum.

For the foregoing reasons, the petition for review is DENIED, in part, and DISMISSED, in part.
Exhibit 35.1


[GMAC RFC LOGO]

                    SERVICER COMPLIANCE STATEMENT (Item 1123)

                        Residential Funding Company, LLC

                   GSR Trust 2007-HEL1 (the "Issuing Entity")

The undersigned, a duly authorized officer of Residential Funding Company, LLC,
as servicer (the "Servicer") pursuant to the applicable servicing agreement,
does hereby certify that:

1. A review of the Servicer's activities during the period covered by the
Issuing Entity's report on Form 10-K and of the Servicer's performance under the
applicable servicing agreement has been made under my supervision.

2. To the best of my knowledge, based on such review, the Servicer has fulfilled
all of its obligations under the applicable servicing agreement in all material
respects throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 14th
day of March 2008.

By: /s/ Anthony N. Renzi
    ------------------------
    Name: Anthony N. Renzi
    Title: Managing Director
#### Marta GAVRILOVA, a.k.a. Marta Istrin, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 12-71360.

United States Court of Appeals, Ninth Circuit.

Submitted April 7, 2014.*

Filed April 11, 2014.

Judith L. Wood, Esquire, Law Office of Judith L. Wood and Jesse Moorman, Los Angeles, CA, for Petitioner.

Sunah Lee, Trial, OIL, DOJ-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: TASHIMA, GRABER, and IKUTA, Circuit Judges.

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

MEMORANDUM **

Marta Gavrilova, a native of Ukraine and a citizen of the Russian Federation, petitions for review of the Board of Immigration Appeals’ order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. *Avagyan v.*
      *491
      *Holder,*646 F.3d 672, 674 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Gavrilova’s motion to reopen as untimely and number-barred where the successive motion was filed more than 13 years after her removal order became final, *see*8 C.F.R. § 1003.2(c)(2), and Gavri-lova failed to establish that any exception to the filing deadline applied, *see*8 C.F.R. § 1003.2(c)(3), or to demonstrate the due diligence required for equitable tolling of the deadline, *see Avagyan,*646 F.3d at 679.

Gavrilova’s contentions that the BIA failed to consider the facts of her case and provide a reasoned explanation for its denial are belied by the record.

We lack jurisdiction to consider Gavrilova’s contention regarding equitable estoppel because she failed to exhaust this contention before the BIA. *See Tijani v. Holder,*628 F.3d 1071, 1080 (9th Cir.2010).

We lack jurisdiction to review the BIA’s discretionary decision not to reopen removal proceedings sua sponte. *See Mejia-Hernandez v. Holder,*633 F.3d 818, 823-24 (9th Cir.2011).

In light of this disposition, we do not reach Gavrilova’s remaining contention.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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

*March 15, 2010*

[Cite as *03/1512010 Case Announcements,*2010-Ohio-946.]

MISCELLANEOUS DISMISSALS

2009-1897.

#### State ex rel. Turner v. Carthage Twp. Bd. of Trustees.

In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of relators’ application for dismissal,

It is ordered by the court that the application for dismissal is granted. Accordingly, this cause is dismissed.
[Federal Register Volume 66, Number 42 (Friday, March 2, 2001)]
[Notices]
[Pages 13041-13042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5124]


=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the Kentucky Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on

[[Page 13042]]

Civil Rights that a meeting of the Kentucky Advisory Committee to the 
Commission will convene at 1:00 p.m. and adjourn at 5:00 p.m. on April 
4, 2001, at the Kentucky Human Rights Office, 332 W. Broadway, Suite 
700, Louisville, Kentucky 40202. The purpose of the meeting is to 
follow up on the Kentucky Title VI law, plan future projects, and 
discuss civil rights issues of the State and Nation.
    Persons desiring additional information, or planning a presentation 
to the Committee, should contact Bobby D. Doctor, Director of the 
Southern Regional Office, 404-562-7000 (TDD 404-562-7004). Hearing-
impaired persons who will attend the meeting and require the services 
of a sign language interpreter should contact the Regional Office at 
least ten (10) working days before the scheduled date of the meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, February 26, 2001.
Edward A. Hailes, Jr.,
General Counsel.
[FR Doc. 01-5124 Filed 3-1-01; 8:45 am]
BILLING CODE 6335-01-P
2010-0367.

#### State ex rel. LetOhioVote.org v. Brunner.

In Prohibition. This cause originated in this court on the filing of a complaint for a writ of prohibition. Upon consideration of the joint motion to consolidate this case with 2010-0415, *State ex rel. New Models v. Brunner,*and 2010-0421, *State ex rel. Cummings v. Brunner,*

It is ordered by the court that the motion to consolidate is granted. The briefing and presentation of evidence in case Nos. 2010-0367, 2010-0415, and 2010-0421 shall be consolidated. The parties shall file three originals of all documents and include all case numbers on the cover page. The parties shall otherwise comply with the requirements of S.Ct.Prac.R. 10.6 through 10.8.

It is further ordered, sua sponte, that the parties shall comply with the following revised schedule for the presentation of evidence and filing of briefs pursuant to S.Ct.Prac.R. 10.6:

*1512If the respondent has not already filed an answer, then respondent shall file an answer within three days of the date of this entry. The parties shall file any evidence they intend to present within seven days of the date of this entry; relators shall file a brief within five days of the filing of the evidence; respondent shall file a brief within ten days after the filing of relators’ brief; and relators may file a reply brief within five days after filing of respondent’s brief.
N O T F O RP U B L IC A T IO NIN W E S T ' S H AWA I # I RE P O R T S A N D P A C IF IC RE P O R T E R



### NO. CAAP-21-0000441

IN THE INTERMEDIATE COURT OF APPEALS

O F THE STATE OF HAWAI # I

TERI YOSHIDA-CONSELVA, Claimant-Appellant, v. PATRICK M. VIVAS, Employer-Appellee, and HAWAII EMPLOYERS' MUTUAL INSURANCE COMPANY,

Insurance Carrier-Appellee

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD

( CASE NO. AB 2021-062; DCD NO. 2-19-50513)

ORDER DISMISSING APPEAL (By: Leonard, Presiding Judge, Hiraoka and Nakasone, JJ.) Upon review of the record, it appears that:(1) On July 28, 2021, self-represented ClaimantAppellant Teri Yoshida-Conselva (Yoshida-Conselva) filed the notice of appeal without the fees required by Hawai # i Rules of Appellate Procedure (HRAP) Rule 3(a);

(2) On August 9, 2021, the Chief Clerk of the Labor and Industrial Relations Appeals Board filed a notice of non-payment, instructing Yoshida-Conselva to pay the filing fee or seek a fee waiver on or before August 24, 2021;

(3) The record on appeal was due on or before September 27, 2021. See HRAP Rules 11(b)(1) & 26(a);

(4) On September 28, 2021, the appellate clerk entered a default of the record on appeal, informing Yoshida-Conselva that the time to docket the appeal had expired, she had not paid the filing fee or obtained an order allowing her to proceed on appeal i n forma pauperis , the matter would be brought to the court's attention on October 8, 2021, for action that may include Electronically Filed Intermediate Court of Appeals CAAP-21-0000441 18-OCT-2021 10:35 AM Dkt. 9 ODSDN O T F O RP U B L IC A T IO NIN W E S T ' S H AWA I # I RE P O R T S A N D P A C IF IC RE P O R T E R



### dismissal of the appeal, and she could seek relief from default by motion; (5) Yoshida-Conselva took no further action in the appeal; and

(6) An appeal may be dismissed where the record on appeal has not been prepared because the appellant failed to pay the required fees or obtain an order allowing the appellant to proceed in forma pauperis . HRAP Rule 11(b)(2), (c)(2).

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai # i, October 18, 2021.
/s/ Katherine G. Leonard Presiding Judge
/s/ Keith K. Hiraoka Associate Judge
/s/ Karen T. Nakasone Associate Judge

2
#### Matter of Thomas L. Ehle, an Attorney, Respondent. Grievance Committee of the Fifth Judicial District, Petitioner.

[4 NYS3d 577]

(Filed Feb. 9, 2015.)

A certified copy of plea minutes having been filed showing that Thomas L. Ehle was convicted of conspiracy in the fourth degree, a class E felony, he is disbarred and his name is stricken from the roll of attorneys.

Present— Centra, J.P., Peradotto, Lindley, Whalen and DeJoseph, JJ.
# Jul1_2019-Jun30_2020

# Apr1_2019-Mar31_2020

# CY19 Jan1_2019-Dec31_2019

# Oct1_2018-Sep30_2019

# Jul1_2018-Jun30_2019
DISMISS; Opinion Filed August 1, 2013.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-13-00659-CV

IN THE INTEREST OF C.W.P. AND D.W.P., CHILDREN

On Appeal from the 256th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-12-16098

MEMORANDUM OPINION

Before Justices Lang, Myers, and Evans

Opinion by Justice Myers

This is an appeal from the trial court’s temporary orders in a pending suit for divorce and 

for orders regarding conservatorship of the children. Because an appeal from an interlocutory 

order can only be taken if authorized by statute, and the Texas Family Code specifically 

precludes an interlocutory appeal from an order for the temporary conservatorship of a child, we 

directed appellant to file a letter brief demonstrating our jurisdiction over the appeal. See TEX.

FAM. CODE ANN. § 105.001(e) (West 2008); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 

272 (Tex. 1992). We directed appellant to file the brief no later than July 8, 2013. To date, 

however, appellant has not complied or otherwise communicated with the Court. Accordingly, 

with no authority granting us jurisdiction over the complained-of order, we DISMISS the appeal. 

See TEX. R. APP. P. 42.3(a).

 

130659F.P05

/Lana Myers/

LANA MYERS

JUSTICE
130659 op.docx –2–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

IN THE INTEREST OF C.W.P. AND 

D.W.P., CHILDREN

No. 05-13-00659-CV

On Appeal from the 256th Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. DF-12-16098.

Opinion delivered by Justice Myers. 

Justices Lang and Evans participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal. 

We ORDER that appellee Brenda Marie Price recover her costs, if any, of this appeal 

from appellant Gary Wayne Price.

Judgment entered this 1st day of August, 2013.

/Lana Myers/

LANA MYERS

JUSTICE
[Federal Register Volume 66, Number 2 (Wednesday, January 3, 2001)]
[Notices]
[Page 382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-49]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service


National Register of Historic Places; Notification of Pending 
Nominations

    Nominations for the following properties being considered for 
listing in the National Register were received by the National Park 
Service before December 23, 2000. Pursuant to Sec. 60.13 of 36 CFR part 
60, written comments concerning the significance of these properties 
under the National Register criteria for evaluation may be forwarded to 
the National Register, National Park Service, 1849 C St., NW., NC400, 
Washington, DC 20240. Written comments should be submitted by January 
18, 2001.

Patrick Andrus,
Acting Keeper of the National Register.
Arizona

Pima County, Todd, Charles S., House, 11511 E. Speedway Blvd., Tucson, 
00001673.
California

Contra Costa County, SS Red Oak Victory (victory ship), 1500 Dornan Dr, 
Terminal One, Port of Richmond, Richmond, 00001674.
Florida

Palm Beach County, Pine Ridge Hospital, 1401 Division Ave., West Palm 
Beach, 00001675.
Iowa

Cass County, Nishnabotna Ferry House, W. Minnesota St., Lewis, 
00001676.
Johnson County, Ashton, Ned, House, 820 Park Rd., Iowa City, 00001677.
Mitchell County, Deering, Nathaniel Cobb and Lucetia Baily, House, 903 
State St., Osage, 00001678.
Palo Alto County, Grotto of the Redemption, 300 N. Broadway, West Bend, 
00001679.
Plymouth County, Reeves Farmstead Historic District, 15991 IA 60, 
LeMars, 00001680.
Winneshiek County, Decorah Woolen Mill, 107 Court St., Decorah, 
00001681.

Missouri
Jackson County, Kansas City Terminal Railway Company Roundhouse 
Historic District, Jct. of 27th St. and Southwest Blvd., Kansas City, 
00001682.

New York,
Bronx County, Hertlein and Schlatter Silk Trimmings Factory, 454--464 
E. 148th St., Cattaraugus County.
St. Stephen's Episcopal Church Complex, 109 S. Barry St., Olean, 
00001684.
Herkimer County, Route 29 Stone Arch Bridge, NY 29, Middleville, 
00001685.
Madison County, Coolidge Stores Building, (Cobblestone Architecture of 
New York State MPS), US 20, Bouckville, 00001686.
Montgomery County, Amsterdam City Hall, 61 Church St., Amsterdam, 
00001687.
Niagara County, Niagara Falls City Hall, 745 Main St., Niagara Falls, 
00001688.
Onondaga County, Edwards, O.M., Building, 501 Plum St., Syracuse, 
00001689.
Schuyler County, Logan Methodist Church, Jct. of Cty. Rts. 4 and 2, 
Logan, 00001690.
Sullivan County, Rivoli Theatre, Jct. of NY 42 and Laurel Ave., South 
Fallsburg, 00001691.
Wayne County, Wolcott Square Historic District, W. Main, Park, and New 
Hartford Sts., Wolcott, 00001692.
[FR Doc. 01-49 Filed 1-2-01; 8:45 am]
BILLING CODE 4310-70-P
Wilshire
Credit Corporation







Exhibit
      U
              
              Payments
                P.O.
      Box 105344; Atlanta, GA 30348-5344
                or  P.O.
      Box 7195; Pasadena, CA 91109-7195March
      12, 2008
              
              Correspondence
                P.O.
      Box 8517; Portland, OR 97207-8517Phone
                (503)
      952-7947
                (888)502-0100Fax
                (503)
      952-7476Web
      Site
                www.wcc.ml.com


LaSalle
Bank NA


135 S.
LaSalle Street


IL4-135-15-11


Chicago,
IL   60603


Attn:
RMBS Administration





Merrill
Lynch Mortgage Investors, Inc


250 Vesey
Street


4 World
Financial Center, 10th Floor


New York,
NY   10080


Attn:
Ketan Parekh


Re:      Annual
Officer's Certificate
 Pooling
& Servicing Agreement dated as of May 1, 2007 between Merrill Lynch Mortgage
Investors, Inc., as depositor, Wilshire Credit Corporation, as servicer, and
LaSalle Bank National Association, as trustee, relating to the Merrill Lynch
Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series
2007-HE3.
  I, Ken
Frye, Senior Vice President, Loan Servicing of Wilshire Credit Corporation (the
"Servicer"), hereby certify that:
  (i)
                A
      review of the activities of the Servicer during such preceding calendar
      year and of the performance under the Agreement has been made under my
      supervision, and(ii)
                To
      the best of my knowledge, based on such review, the Servicer has fulfilled
      all its obligations under the Agreement in all material respects
      throughout such year or a portion
thereof.
 
     /s/ Ken
Frye