alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Florencio LOPEZ-VILLANUEVA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-73242.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 14, 2010.*

Filed Jan. 6, 2011.

Helen B. Zebel, Esquire, Law Office of Helen B. Zebel, San Francisco, CA, for Petitioner.

Carol Federighi, Esquire, Senior Litigation Counsel, Oil, Andrew B. Insenga, Trial, U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.

*

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

MEMORANDUM **

Florencio Lopez-Villanueva, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ *29(“BIA”) order affirming an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s continuous physical presence determination, *Ibarra-Flores v. Gonzales,*489 F.3d 614, 618 (9th Cir.2006), and review de novo claims of constitutional violations in immigration proceedings, *Iturribarria v. INS,*321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the agency’s determination that Lopez-Villanueva did not meet the continuous physical presence requirement where the record includes a Notice and Order of Expedited Removal as well as other government documents corroborating the expedited removal. *See Juarez-Ramos v. Gonzales,*485 F.3d 509, 511 (9th Cir.2007) (expedited removal order interrupts an alien’s continuous physical presence for cancellation purposes).

Lopez-Villaneuva’s due process claims fail because he cannot demonstrate prejudice. *See Lata v. INS,*204 F.3d 1241, 1244 (9th Cir.2000) (requiring prejudice for a petitioner to prevail on a due process claim); *see also Espinoza v. INS,*45 F.3d 308, 310-11 (9th Cir.1995) (presuming reliability of authenticated immigration forms).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal Dismissed and Memorandum Opinion filed August 4, 2016.

In The

Fourteenth Court of Appeals

NO. 14-15-00431-CR

TATRON JAFAR WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1431281

M E M O R A N D U M O P I N I O N

A jury found appellant guilty of assault of a family member, second 

offender. After the verdict, appellant and the State entered into an agreement as to 

sentencing. In accordance with the terms of the agreement, the trial court sentenced 

appellant to six years’ imprisonment in the Institutional Division of the Texas 

Department of Criminal Justice. We dismiss the appeal. 

The trial court entered certifications of the defendant’s right to appeal in 

which the court certified that appellant waived his right of appeal. See Tex. R. 
2

App. P. 25.2(a)(2). The trial court’s certification is included in the records on 

appeal. See Tex. R. App. P. 25.2(d). The records support the trial court’s 

certifications. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). 

Appellant’s waiver reflects that he entered into an agreement with the State after a 

jury found him guilty. Appellant waived his right of appeal knowing with certainty 

the punishment that would be assessed. See Blanco v. State, 18 S.W.3d 218, 219 

(Tex. Crim. App. 2000) (holding waiver of right to appeal is valid if appellant 

knows with certainty the punishment that will be assessed). 

Appellant filed a motion for new trial in which he alleges his plea was not 

voluntarily made. The voluntariness of a plea cannot be raised on direct appeal 

from a plea-bargained felony conviction. Cooper v. State, 45 S.W.3d 77 (Tex. 

Crim. App. 2001). A motion for new trial may not be used to circumvent Cooper. 

Whitfield v. State, 111 S.W.3d 786 (Tex. App.—Eastland 2003, pet. ref’d). 

Accordingly, we dismiss the appeal. 

PER CURIAM

Panel consists of Justices Boyce, Christopher, and Jamison.

Do Not Publish — Tex. R. App. P. 47.2(b)
---

Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Daryl English, President, Chief Executive
Officer, Chief Financial Officer, Principal Accounting Officer, Secretary and
Treasurer (Principal Executive Officer, Principal Financial Officer and
Principal Accounting Officer) of Purio Inc., hereby certifies, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

|(1) | the annual report on Form 10-KSB of Purio Inc. for the
      period ended November 30, 2007 (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 Purio Inc.                                                                   

Dated: March 14, 2008

| | /s/ Daryl English                                     
| | ------------------------------------------------------
| | Daryl English                                         
| | President, Chief Executive Officer, Chief             
| | Financial Officer, Principal Accounting
      Officer,
| | Secretary and Treasurer                               
| | (Principal Executive Officer,                         
| | Principal Financial Officer and                       
| | Principal Accounting Officer)                         

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 Purio Inc. and
will be retained by Purio Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.

---
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                         190,603
<SECURITIES>                                         0
<RECEIVABLES>                                  452,405
<ALLOWANCES>                                   (22,902)
<INVENTORY>                                  2,299,305
<CURRENT-ASSETS>                                     0
<PP&E>                                          81,454
<DEPRECIATION>                                 (34,763)
<TOTAL-ASSETS>                               3,563,049
<CURRENT-LIABILITIES>                                0
<BONDS>                                        712,976
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,073,336
<OTHER-SE>                                    (777,542)
<TOTAL-LIABILITY-AND-EQUITY>                 3,563,049
<SALES>                                        955,533
<TOTAL-REVENUES>                               955,533
<CGS>                                          793,719
<TOTAL-COSTS>                                  793,719
<OTHER-EXPENSES>                                85,138
<LOSS-PROVISION>                                 1,921
<INTEREST-EXPENSE>                              27,334
<INCOME-PRETAX>                                 47,421
<INCOME-TAX>                                     8,797
<INCOME-CONTINUING>                             38,624
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    38,624
<EPS-BASIC>                                       0.19
<EPS-DILUTED>                                     0.18


</TABLE>
[Federal Register Volume 66, Number 44 (Tuesday, March 6, 2001)]
[Notices]
[Page 13519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5340]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EC01-68-000]


Georgia Power Company, Southern Power Company; Notice of Filing

February 28, 2001.
    Take notice that on February 20, 2001, Georgia Power Company and 
Southern Power Company jointly filed certain errata to their February 
12, 2001, ``Application for Approval of the Disposition of 
Jurisdictional Facilities Under section 203 of the Federal Power Act,'' 
in the above-referenced docket, in the form of corrected pages to the 
filing, as well as redlined pages showing the changes made.
    Any person desiring to be heard or to protest such filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 385.214). All such motions and 
protests should be filed on or before March 9, 2001. Protests will be 
considered by the Commission to determine the appropriate action to be 
taken, but will not serve to make protestants parties to the 
proceedings. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection. This filing may also be viewed on 
the Internet at http://www.ferc.fed.us/online/rims.htm (call 202-208-
2222 for assistance). Comments and protests may be filed electronically 
via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and 
the instructions on the Commission's web site at http://www.ferc.fed.us/efi/doorbell.htm.

David P. Boergers,
Secretary.
[FR Doc. 01-5340 Filed 3-5-01; 8:45 am]
BILLING CODE 6717-01-M
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER>                                     1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                         111,001
<INT-BEARING-DEPOSITS>                             182
<FED-FUNDS-SOLD>                                71,864
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    579,351
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                      1,055,463
<ALLOWANCE>                                     10,876
<TOTAL-ASSETS>                               1,850,820
<DEPOSITS>                                   1,528,560
<SHORT-TERM>                                   193,570
<LIABILITIES-OTHER>                              4,497
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        11,573
<OTHER-SE>                                     112,620
<TOTAL-LIABILITIES-AND-EQUITY>               1,850,820
<INTEREST-LOAN>                                 22,433
<INTEREST-INVEST>                                7,566
<INTEREST-OTHER>                                 1,948
<INTEREST-TOTAL>                                31,947
<INTEREST-DEPOSIT>                              11,684
<INTEREST-EXPENSE>                              14,157
<INTEREST-INCOME-NET>                           17,790
<LOAN-LOSSES>                                      600
<SECURITIES-GAINS>                                   8
<EXPENSE-OTHER>                                  9,233
<INCOME-PRETAX>                                  7,965
<INCOME-PRE-EXTRAORDINARY>                       5,139
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,139
<EPS-PRIMARY>                                     0.45
<EPS-DILUTED>                                     0.43
<YIELD-ACTUAL>                                    4.41
<LOANS-NON>                                      1,475
<LOANS-PAST>                                        32
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                10,335
<CHARGE-OFFS>                                      108
<RECOVERIES>                                        49
<ALLOWANCE-CLOSE>                               10,876
<ALLOWANCE-DOMESTIC>                            10,876
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS INCLUDED IN THE COMPANY'S QUARTERLY REPORT ON FORM 10-Q FOR
THE NINE MONTHS ENDED DECEMBER 31, 1998 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>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           1,389
<SECURITIES>                                         0
<RECEIVABLES>                                   15,983
<ALLOWANCES>                                       839
<INVENTORY>                                     13,334
<CURRENT-ASSETS>                                34,676
<PP&E>                                           6,285
<DEPRECIATION>                                   4,234
<TOTAL-ASSETS>                                  44,181
<CURRENT-LIABILITIES>                           16,681
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         12
<COMMON>                                           108
<OTHER-SE>                                      13,416
<TOTAL-LIABILITY-AND-EQUITY>                    44,181
<SALES>                                         77,552
<TOTAL-REVENUES>                                77,552
<CGS>                                           50,542
<TOTAL-COSTS>                                   50,542
<OTHER-EXPENSES>                                32,673
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 754
<INCOME-PRETAX>                                (6,427)
<INCOME-TAX>                                        17
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,444)
<EPS-PRIMARY>                                   (0.30)
<EPS-DILUTED>                                   (0.30)
        

</TABLE>
FORM OF ITEM
1123 CERTIFICATION OF SERVICER








Merrill
Lynch Mortgage Investors, Inc.
 250 Vesey
Street
 4 World
Financial Center, 10th Floor
 New York,
New York 10080
 LaSalle
Bank National Association
 Attention:
EDGAR Team
 135 South
LaSalle Street, Suite 1511
 Chicago,
Illinois 60603
  Re:
                Pooling
      and Servicing Agreement (the "Agreement"), dated as of April 1, 2007,
      among Merrill Lynch Mortgage Investors, Inc., as depositor, Home Loan
      Services, Inc., as servicer, and LaSalle Bank National Association, as
      trustee, relating to Merrill Lynch First Franklin Mortgage Loan Trust,
      Mortgage Loan Asset-Backed Certificates, Series
  2007-2
   I, Steven
A. Baranet, Vice President, of Home Loan Services, Inc. (the "Servicer"), hereby
certify that:
 A review
of the activities of the Servicer during the preceding calendar year and of the performance
of the Servicer under the Agreement has been made under my supervision;
and
  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,
or, if there has been a failure to fulfill any such obligation in any material
respect, I have specified
below each such failure known to me and the nature and status
thereof.
   Home Loan
Services, Inc., as Servicer
   By:       
/s/
Steven A. Baranet
 Name:   Steven
A. Baranet
 Title:    
Vice President
    Loan
Services
 P.O. Box 1838
 Pittsburgh, PA 15230-1838
  
 Home Loan Services is
      a subsidiary
                  
                  GU-004
      (01-07)of Merrill Lynch Bank
      and Trust Co., FSB
# Data

# Field Descriptions
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

This   certification  is  furnished  solely  pursuant  to  Section  906  of  the
Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and accompanies the quarterly report
on Form 10-QSB (the "Form  10-QSB") for the period ended March 31, 2004 of Chase
Packaging  Corporation  (the  "Company").  I, Ann W.  Green  Secretary/Treasurer
(Principal Financial and Accounting Officer)

(1) The Form 10-QSB fully  complies  with the  requirements  of section 13(a) or
section 15(d) of the Securities Exchange Act of 1934; and

(2) The  information  contained  in the  Form  10-QSB  fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.

                                        ----------------------------------------
                                        Ann W. Green
                                        Secretary/Treasurer (Principal Financial
                                        and Accounting Officer)


June 29, 2004
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                                        <C>
<PERIOD-TYPE>                                 6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          85,966
<INT-BEARING-DEPOSITS>                              73
<FED-FUNDS-SOLD>                               104,407
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    336,210
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        706,973
<ALLOWANCE>                                      6,760
<TOTAL-ASSETS>                               1,247,535
<DEPOSITS>                                     994,794
<SHORT-TERM>                                   160,364
<LIABILITIES-OTHER>                              8,419
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,414
<OTHER-SE>                                      74,544
<TOTAL-LIABILITIES-AND-EQUITY>               1,247,535
<INTEREST-LOAN>                                 15,493
<INTEREST-INVEST>                                5,177
<INTEREST-OTHER>                                   585
<INTEREST-TOTAL>                                21,255
<INTEREST-DEPOSIT>                               7,143
<INTEREST-EXPENSE>                               8,959
<INTEREST-INCOME-NET>                           12,296
<LOAN-LOSSES>                                      900
<SECURITIES-GAINS>                                 378
<EXPENSE-OTHER>                                  5,844
<INCOME-PRETAX>                                  5,930
<INCOME-PRE-EXTRAORDINARY>                       3,854
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,854
<EPS-PRIMARY>                                     0.41
<EPS-DILUTED>                                     0.39
<YIELD-ACTUAL>                                    4.66
<LOANS-NON>                                      1,048
<LOANS-PAST>                                        17
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 6,286
<CHARGE-OFFS>                                      495
<RECOVERIES>                                        69
<ALLOWANCE-CLOSE>                                6,760
<ALLOWANCE-DOMESTIC>                             6,760
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        


</TABLE>
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 Annual Report of SP Acquisition Holdings, Inc. (the
“Company”) on Form 10-K/A, Amendment No. 1 for the year ended December 31, 2008,
as filed with the Securities and Exchange Commission on the date hereof (the
“Report”), the undersigned, Jack L. Howard, Chief Operating Officer and
Secretary, on the date indicated below, hereby certifies, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to my knowledge:




1.
            The Report fully complies with
      the requirements of Section 13(a) or 15(d), as applicable, 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.




Date:
      April 24, 2009
              /s/
      Jack L. HowardJack
      L. HowardChief
      Operating Officer and Secretary(Principal
      Financial Officer)