alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1

CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-K of Gilman Ciocia, Inc. (the
"Company") for the fiscal year ended June 30, 2009, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"),I, Michael Ryan,
certify, 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 results of operations of the
Company.

By:   /s/ Michael Ryan
      --------------------------
Name: Michael Ryan
      Chief Executive Officer

Date: September 25, 2009
### §57c–2. Reimbursement of expenses

The Commission may accept payment or reimbursement, in cash or in kind, from a domestic or foreign law enforcement agency, or payment or reimbursement made on behalf of such agency, for expenses incurred by the Commission, its members, or employees in carrying out any activity pursuant to a statute administered by the Commission without regard to any other provision of law. Any such payments or reimbursements shall be considered a reimbursement to the appropriated funds of the Commission.

(Sept. 26, 1914, ch. 311, §26, as added Pub. L. 109–455, §11(2), Dec. 22, 2006, 120 Stat. 3381.)

#### Repeal of Section

For repeal of section by section 13 of Pub. L. 109–455, see Effective Date of Repeal note below.

#### **Editorial Notes**

#### Prior Provisions

A prior section 26 of act Sept. 26, 1914, was renumbered section 28 and is classified to section 58 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Section repealed effective Sept. 30, 2027, see section 13 of Pub. L. 109–455, as amended, set out as a Termination Date of 2006 Amendment note under section 44 of this title.
§ 367.9280 Account 928, Regulatory commission expenses. ( a ) This account must include all expenses, properly included in service company operating expenses, incurred by the service company in connection with formal cases before regulatory commissions, or other regulatory bodies, on its own behalf or on behalf of associate companies, including payments made to a regulatory commission for fees assessed to the service company for pay and expenses of such commission, its officers, agents and employees, and for filings or reports made under regulations of regulatory commissions. The service company must be prepared to show the cost of each formal case. The following items must be included in this account: ( 1 ) Salaries, fees, retainers, and expenses of counsel, solicitors, attorneys, accountants, engineers, clerks, attendants, witnesses, and others engaged in the prosecution of, or defense against petitions or complaints presented to regulatory bodies.
( 2 ) Office supplies and expenses, payments to public service or other regulatory commissions, stationery and printing, traveling expenses, and other expenses incurred directly in connection with formal cases before regulatory commissions.
( b ) Exclude from this account and include in other appropriate operating expense accounts, expenses incurred in the improvement of service, additional inspection, or rendering reports, which are made necessary by the rules and regulations, or orders, of regulatory bodies.
#### § 550.4 Access to and inspection of records, facilities and inventory; copying and sampling.

The provisions of 9 CFR 320.4 apply to businesses dealing in fish and fish products.
----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----

----
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-7388
VESTER TERRY SNEEDEN, Petitioner - Appellant, versus STATE OF NORTH CAROLINA; J. B. FRENCH, Warden, Respondents - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-94-716-5-BR) Submitted: January 16, 1996 Decided: January 25, 1996 Before MICHAEL and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Vester Terry Sneeden, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a certificate of probable cause to appeal, deny the motion to appoint counsel, and dismiss the appeal on the reasoning of the district court. Sneeden v. North Carolina , No. CA-94-716-5-BR (E.D.N.C. Aug. 7, 1995). 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.

DISMISSED
§ 1317.230 Transition plans. ( a ) *Submission of plans.* An institution to which § 1317.225 applies and that is composed of more than one administratively separate unit may submit either a single transition plan applicable to all such units, or a separate transition plan applicable to each such unit.
( b ) *Content of plans.* In order to be approved by the Secretary of Education, a transition plan shall: ( 1 ) State the name, address, and Federal Interagency Committee on Education Code of the educational institution submitting such plan, the administratively separate units to which the plan is applicable, and the name, address, and telephone number of the person to whom questions concerning the plan may be addressed. The person who submits the plan shall be the chief administrator or president of the institution, or another individual legally authorized to bind the institution to all actions set forth in the plan.
( 2 ) State whether the educational institution or administratively separate unit admits students of both sexes as regular students and, if so, when it began to do so.
( 3 ) Identify and describe with respect to the educational institution or administratively separate unit any obstacles to admitting students without discrimination on the basis of sex.
( 4 ) Describe in detail the steps necessary to eliminate as soon as practicable each obstacle so identified and indicate the schedule for taking these steps and the individual directly responsible for their implementation.
( 5 ) Include estimates of the number of students, by sex, expected to apply for, be admitted to, and enter each class during the period covered by the plan.
( c ) *Nondiscrimination.* No policy or practice of a recipient to which § 1317.225 applies shall result in treatment of applicants to or students of such recipient in violation of §§ 1317.300 through 1317.310 unless such treatment is necessitated by an obstacle identified in paragraph (b)(3) of this section and a schedule for eliminating that obstacle has been provided as required by paragraph (b)(4) of this section.
( d ) *Effects of past exclusion.* To overcome the effects of past exclusion of students on the basis of sex, each educational institution to which § 1317.225 applies shall include in its transition plan, and shall implement, specific steps designed to encourage individuals of the previously excluded sex to apply for admission to such institution. Such steps shall include instituting recruitment programs that emphasize the institution's commitment to enrolling students of the sex previously excluded.
§ 316.10 Marking of meat food products with official inspection legend and ingredient statement. ( a ) Inspected and passed sausages and other products in casings or in link form, of the ordinary “ring” variety or larger shall be marked with the official inspection legend and list of ingredients in accordance with part 317 of this subchapter. The official marks required by this section shall be branded near each end of the sausage or similar product prepared in casings when the product is of a size larger than that customarily sold at retail intact.
( b ) Inspected and passed sausage and other products, in casings or in link form, of the smaller varieties, shall bear one or more official inspection legends and one or more lists of ingredients in accordance with part 317 of this subchapter on each kilogram (2.205 lbs.) of product, except where such products leave the official establishment completely enclosed in properly labeled immediate containers having a capacity of 5 kilograms (11.025 lbs.) or less and containing a single kind of product: *Provided,* That such products in properly labeled closed containers exceeding 5 kilograms (11.025 lbs.) capacity, when shipped to another official establishment for further processing or to a governmental agency, need only have the official inspection legend and list of ingredients shown twice throughout the contents of the container. When such products are shipped to another official establishment for further processing, the inspector in charge at the point of origin shall identify the shipment to the inspector in charge at destination by means of Form MP 408-1.
( c ) The list of ingredients may be applied by stamping, printing, using paper bands, tags, or tissue strips, or other means approved by the Administrator in specific cases.
( d ) All cured products shall be marked with the list of ingredients in accordance with part 317 of this subchapter.
[35 FR 15577, Oct. 3, 1970, as amended at 37 FR 16863, Aug. 22, 1972; 38 FR 4385, Feb. 14, 1973; 39 FR 36000, Oct. 7, 1974; 44 FR 67088, Nov. 23, 1979]
EXHIBIT 23.1


               Consent of Independent Certified Public Accountants


We have issued our report dated December 16, 2002, accompanying the consolidated
financial  statements included in the Annual Report of Advanced  Nutraceuticals,
Inc. on Form 10-K for the year ended  September 30, 2002.  We hereby  consent to
the incorporation by reference of said report in the Registration  Statement for
Advanced   Nutraceuticals,   Inc.   (the   successor  to   Nutrition   For  Life
International,  Inc.) on Form S-8  (File No.  33-99366,  effective  December  5,
1995).

/s/ Grant Thornton LLP
----------------------
Grant Thornton LLP
Houston, Texas
January 12, 2004







<PAGE>
### §68g. Guaranty

#### (a) Avoidance of liability; requirements

No person shall be guilty under section 68a of this title if he establishes a guaranty received in good faith signed by and containing the name and address of the person residing in the United States by whom the wool product guaranteed was manufactured and/or from whom it was received, that said wool product is not misbranded under the provisions of this subchapter.

Said guaranty shall be either (1) a separate guaranty specifically designating the wool product guaranteed, in which case it may be on the invoice or other paper relating to said wool product; or (2) a continuing guaranty filed with the Commission applicable to all wool products handled by a guarantor in such form as the Commission by rules and regulations may prescribe.

#### (b) Furnishing false guaranty

Any person who furnishes a false guaranty, except a person relying upon a guaranty to the same effect received in good faith signed by and containing the name and address of the person residing in the United States by whom the wool product guaranteed was manufactured and/or from whom it was received, with reason to believe the wool product falsely guaranteed may be introduced, sold, transported, or distributed in commerce, is guilty of an unfair method of competition, and an unfair and deceptive act or practice, in commerce within the meaning of the Federal Trade Commission Act.

(Oct. 14, 1940, ch. 871, §9, 54 Stat. 1132.)

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, §1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title.
#### § 157.32 Applicability.

These regulations shall apply to any application to the Commission for a certificate of public convenience and necessity or other authorization for an Alaska natural gas transportation project, whether filed pursuant to the Natural Gas Act, the Alaska Natural Gas Transportation Act of 1976, or the Alaska Natural Gas Pipeline Act, and to applications for expansion of such projects. Absent a Commission order to the contrary, these regulations are not applicable in the case of an expansion ordered by the Commission pursuant to section 105 of the Alaska Natural Gas Pipeline Act.
### §642. Requirements for loans

No loan shall be made or equipment, facilities, or services furnished by the Administration under this chapter to any business enterprise unless the owners, partners, or officers of such business enterprise (1) certify to the Administration the names of any attorneys, agents, or other persons engaged by or on behalf of such business enterprise for the purpose of expediting applications made to the Administration for assistance of any sort, and the fees paid or to be paid to any such persons; (2) execute an agreement binding any such business enterprise for a period of two years after any assistance is rendered by the Administration to such business enterprise, to refrain from employing, tendering any office or employment to, or retaining for professional services, any person who, on the date such assistance or any part thereof was rendered, or within one year prior thereto, shall have served as an officer, attorney, agent, or employee of the Administration occupying a position or engaging in activities which the Administration shall have determined involve discretion with respect to the granting of assistance under this chapter; and (3) furnish the names of lending institutions to which such business enterprise has applied for loans together with dates, amounts, terms, and proof of refusal.

(Pub. L. 85–536, §2[13], July 18, 1958, 72 Stat. 394.)

#### **Editorial Notes**

#### Prior Provisions

Prior similar provisions were contained in section 219 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which was previously classified to section 648 of this title. The provisions of section 213 of act July 30, 1953, formerly classified to this section, were transferred to section 2[8] of Pub. L. 85–536, and are classified to section 637(b)(6), (7) of this title. See Codification note set out under section 631 of this title.
#### § 367.2440 Account 244, Derivative instrument liabilities.

This account must include the change in the fair value of all derivative instrument liabilities not designated as cash flow or fair value hedges. Account 426.5, Other deductions (§ 367.4265), must be debited or credited as appropriate with the corresponding amount of the change in the fair value of the derivative instrument.
§ 83.6 Accounting of certain disclosures. ( a ) With respect to each system of personnel records, GAO shall, except for disclosures made under §§ 83.4(a) and 83.4(b), keep an accurate accounting of— ( 1 ) The date, nature, and purpose of disclosure of a record to any person; and
( 2 ) The name and address of the person, agency, or organization to whom the disclosure is made.
( b ) Such accounting shall be retained for at least 3 years or the life of the record, whichever is longer, after the disclosure for which the accounting is made.
( c ) Except for disclosures made under § 83.4(e), the accounting shall be available upon written request to the individual named in the record.
CHOOSE INFORMAL TIMES TO TALK 

AS SHE GETS OLDER.

Look for new opportunities to start a conversation 

about alcohol.

Having frequent talks with your child in a safe environment will 

show that you care and foster a more open and honest dialogue 

about the risks of underage drinking. For tips on how—and 

when—to begin the conversation, visit 

www.underagedrinking.samhsa.gov

#TalkTheyHearYou PEP20-03-01-016
State Implementation Plan Completeness Checklist

40 CFR Part 51 Appendix V: Section 2.0 Criteria

Check YES or NO to determine if a formal SIP revision submittal is complete. If

the SIP submission is being parallel processed, only check YES or NO behind the

numbers with an *. Attached?

2.1 Administrative Materials

1. Submittal letter (Governor or designee) Yes

No

2. Evidence of adoption which contains:

a. Actual copy of regulatory changes Yes

No

b. Date adopted Yes

No

c. Date effective Yes

No

d. Signatory requirements Yes

No

e. *If parallel processing, schedule for final adoption or issuance Yes

No

Not Applicable

f. *Copy of the proposed/draft regulations Yes

No

3. *Legal authority (evidence that state has necessary legal authority to

adopt and implement revision)

– Nebraska’s legal authority is

established in section 81

‐ 1505 (1), (12), and (17

‐ 18) of the Nebraska

Environmental Protection Act. Yes

No

4. Copy of public notice Yes

No

5. Certification that public hearing was held Yes

No

6. Compilation of public comments and state responses Yes

No

2.2. Technical Support

Section Not Applicable?

1. Pollutants affected by the change Yes

No

2. Sources affected Yes

No

3. Quantification of the changes in emissions (actual/allowable) Yes

No

4. Demonstration of protection: NAAQS Yes

No

PSD increments YesNo

RFP Yes

No

Visibility Yes

No

5. Full modeling information Yes

No

6. Evidence, where necessary, that emission limitations are based on

continuous emission. Yes

No

7. Evidence that a revision contains emission limitations, work practice

standards, and recordkeeping/reporting requirements. Yes

No

8. Compliance/enforcement strategies including how compliance will be

determined in practice, and at what frequency. Yes

No

9. As appropriate, special economic and technological justifications per

applicable EPA policies. Yes

No
§ 157.31 Definitions. ( a ) “Alaska natural gas transportation project” means any natural gas pipeline system that carries Alaska natural gas to the international border between Alaska and Canada (including related facilities subject to the jurisdiction of the Commission) that is authorized under the Alaska Natural Gas Transportation Act of 1976 or section 103 of the Alaska Natural Gas Pipeline Act.
( b ) “Commission” means the Federal Energy Regulatory Commission.
( c ) “Voluntary expansion” means any expansion in capacity of an Alaska natural gas transportation project above the initial certificated capacity, including any increase in mainline capacity, any extension of mainline pipeline facilities, and any lateral pipeline facilities beyond those certificated in the initial certificate order, voluntarily made by the pipeline. An expansion done pursuant to section 105 of the Alaska Natural Gas Pipeline Act is not a voluntary expansion.
128 STAT. 2934 PUBLIC LAW 113–261—DEC. 18, 2014 

LEGISLATIVE HISTORY—H.R. 4926: 

HOUSE REPORTS: No. 113–610 (Comm. on Transportation and Infrastructure). 

CONGRESSIONAL RECORD, Vol. 160 (2014): 

Dec. 8, considered and passed House. 

Dec. 10, considered and passed Senate. 

Æ 

Public Law 113–261 

113th Congress 

An Act 

To designate a segment of Interstate Route 35 in the State of Minnesota as the 

‘‘James L. Oberstar Memorial Highway’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. DESIGNATION. 

The segment of Interstate Route 35 between milepost 133 at 

Forest Lake, Minnesota, and milepost 259 at Duluth, Minnesota, 

shall be known and designated as the ‘‘James L. Oberstar Memorial 

Highway’’. 

SEC. 2. REFERENCES. 

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

or other record of the United States to the segment of Interstate 

Route 35 referred to in section 1 shall be deemed to be a reference 

to the ‘‘James L. Oberstar Memorial Highway’’. 

Approved December 18, 2014. 

Dec. 18, 2014 

[H.R. 4926] 


kgrant on DSKB33CYQ1 with PUBLAW
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 50661 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff− Appellee , versus RUBEN ESPINDOLA

- PINEDA , Defendant

− Appellant

.

Appeal from the United States District Court for the Western District of Texas No. 2:13

- CR

- 999

- 1

Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM: * Ruben Espindola

- Pineda pleaded guilty o f illegal reentry and was sen

tenced within the advisory guidelines range to 51 months of imprisonment and three years of supervised release. On appeal he claims his sentence is sub stan

tively unreasonable

.

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 2, 2015 Lyle W. Cayce Clerk Case: 14-50661 Document: 00512991757 Page: 1 Date Filed: 04/02/2015No. 14

- 50661
Espindola

- Pineda contend s that U.S.S.G. § 2L1.2 is flawed because it lacks an empirical basis and results in the double

- counting of a criminal record. He maintains that his sentence is greater than necessary to fulfill t he statutory sentencing goals for his nonviolent offense and does not account for his difficult childhood and his sympathetic reason for re entering the country. We have rejected Espindola

- Pineda’s theory that § 2L1.2 results in double

- counting, United States v. Duarte , 569 F.3d 528, 529

- 31 (5th Cir. 2009),

a nd that his s entence is greater than neces sary to meet the 18 U.S.C. § 3553(a) goals because illegal reentry is a non violent offense involv ing only “the act of crossing a line , ” United States v. Aguirre

- Villa , 460 F.3d 681, 683 (5th Cir. 2006). W e have rebuffed the argument that within

- guidelines sen tences calcu

lated under § 2L1.2 should not be presumed reasonable on appeal because § 2L1.2 lacks an empir i cal basis

. United States v. Ellis , 720 F.3d 220 , 228 (5th Cir.), cert. denied , 134 S. Ct. 681 (2013). Espindola

- Pineda can rebut the pre

sump tion only by show ing that his sentence fails to account for a factor that should receive significant weight, gives signif i cant weight to an improper or irrelevant factor, or repre sents a clear error of judgment i n balancing the fac

tors

. See United States v. Tuma , 738 F.3d 681, 695 (5th Cir. 2013), cert. denied , 134 S. Ct. 2875 (2014). The district court heard the parties’ positions , considered the § 3553(a) factors, and concluded that the sentence was appropri ate. Espindola

- Pineda has not shown that his difficult childhood and sympathetic motive for reentry were factors not account ed for in the sentence that should have received great weight. Because Espindo l a - Pineda has not rebutted the appel late presump tion that his within

- guidelines sentence was reasonable or demonstrated that it is the result of an abuse of discretion , s ee Gall v. United States , 552 U.S. 38, 51 (2007), the judgment is AFFIRMED.

2 Case: 14-50661 Document: 00512991757 Page: 2 Date Filed: 04/02/2015