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



The certification set forth below is being submitted in
connection with this annual report on Form 10-K of Mercury Interactive Corporation (the Report) for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Section 1350 of
Chapter 63 of Title 18 of the United States Code.



I, Douglas
P. Smith, Chief Financial Officer of Mercury Interactive, certify that, to the best of my knowledge:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Exchange Act; and
| | --- | --------------------------------------------------------------------------------------------------



| | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of Mercury Interactive Corporation.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                    
|----------------------------------------------------
|Date: March 14, 2005                                
|                                                    
|/s/ Douglas P. Smith                                
|Douglas P. Smith                                    
|Executive Vice President and Chief Financial Officer
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-50071

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

LUIS MANUEL AGUILAR

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:07-CR-150-ALL

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM:*

Luis Manuel Aguilar pleaded guilty to one charge of being a convicted

felon in possession of a firearm, and the district court sentenced him to serve 120

months in prison. Aguilar appeals his sentence. He argues that the prosecutor

committed misconduct by making certain remarks at sentencing. He also argues

that he is entitled to resentencing because the district court made no findings in

support of its conclusion that a four-level sentencing adjustment should be

United States Court of Appeals

Fifth Circuit

F I L E D

March 4, 2009

Charles R. Fulbruge III

Clerk
No. 08-50071

2

applied and because no evidence pertaining to this adjustment was offered at the

hearing.

The Government argues that the appeal should be dismissed because

Aguilar waived his right to appeal and because the waiver is valid and

enforceable. The Government also asserts that Aguilar’s prosecutorial

misconduct claim is without merit.

This court reviews the validity of an appeal waiver de novo. See United

States v. Baymon, 312 F.3d 725, 727 (5th Cir. 2002). Our review of the record

shows that Aguilar’s waiver of his appellate rights was knowing and voluntary.

See United States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005). Aguilar’s claims

concerning the disputed sentencing adjustment fall within the scope of the

waiver. We thus decline to consider these claims. See id.

The appellate waiver clause found in Aguilar’s plea agreement contains an

explicit exception for claims concerning prosecutorial misconduct. Consequently,

consideration of his claim concerning the prosecutor’s alleged improper

statements at sentencing is not barred by the waiver. Nevertheless, Aguilar’s

prosecutorial misconduct claim lacks merit. Our review of the record shows that

the disputed statements were not improper and caused no prejudice to Aguilar.

See United States v. Lankford, 196 F.3d 563, 574 (5th Cir. 1999). The judgment

of the district court is AFFIRMED.
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Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of First Community Bank Corporation of America (the Company) on Form 10-QSB for the period ended September 30, 2005 as filed with the Securities and Exchange
Commission (the Report), I, Kenneth P. Cherven, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.§ 1350, as added by § 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. | To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for
the period covered by the Report.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |     |  |                                  
|---------------------- |  | --- |  | ---------------------------------
|Date: November 1, 2005 |  | By: |  | /s/ Kenneth P. Cherven           
|                       |  |     |  | Kenneth P. Cherven, President and
|                       |  |     |  | Chief Executive Officer
No. 11-9578.

#### Rivera *v.*King, Warden.

C. A. 8th Cir. Certiorari denied.
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-2797

___________

Wilburn A. Henderson, *

*

Appellant, *

* Appeal from the United States 

v. * District Court for the 

* Eastern District of Arkansas.

Larry Norris, Director, Arkansas *

Department of Corrections; Gregory D. * [UNPUBLISHED]

Harmon, Warden, Tucker Maximum *

Security Unit; John Does 1, 2, 3 and 4, *

*

Appellees. *

*

___________

Submitted: July 8, 1998

Filed: July 8, 1998

___________

Before McMILLIAN, FAGG, and BEAM, Circuit Judges.

___________

PER CURIAM.

Wilburn Henderson, an Arkansas inmate under sentence of death, appeals the

district court's dismissal of his claim under 42 U.S.C. § 1983. He has also moved for

a stay of execution pending appeal. Henderson claims that prison officials violated the

First, Fourth, Fifth, and Sixth Amendments when they allegedly interfered with

Henderson's communications with his attorneys. We have carefully reviewed the

submissions of the parties, including all of Henderson's allegations, and the opinion
-2-

of the district court, and find Henderson's claims to be meritless. Therefore, the

decision of the district court is affirmed and Henderson's motion for a stay of execution

is denied.

A true copy.

 ATTEST:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
<PAGE>


                                                                    EXHIBIT 32.1



                           CERTIFICATION PURSUANT TO


                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Robert F. Olson, Chairman of the Board, President and Chief Executive Officer
of Stellent, Inc., a Minnesota Corporation (the "Company"), certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to
my knowledge:



     (1) the Quarterly Report on Form 10-K, as amended by Amendment No. 1, of
the Company for the fiscal year ended March 31, 2003 (the "Report") fully
complies with the applicable 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/ ROBERT F. OLSON

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

                                                     Robert F. Olson


                                             Chairman of the Board, President


                                               and Chief Executive Officer



Dated: April 21, 2004
<TABLE> <S> <C>

<ARTICLE>                     5
<CIK>                         0000866492
<NAME>                        Net/Tech International, Inc.
<MULTIPLIER>                                   1
<CURRENCY>                    USD
       
<S>                             <C>
<PERIOD-TYPE>                                   12-MOS
<FISCAL-YEAR-END>                           NOV-30-1998
<PERIOD-START>                              DEC-01-1997
<PERIOD-END>                                NOV-30-1998
<EXCHANGE-RATE>                                      1
<CASH>                                         160,334
<SECURITIES>                                         0
<RECEIVABLES>                                    9,437
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               182,190
<PP&E>                                          73,048
<DEPRECIATION>                                  26,474
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<CURRENT-LIABILITIES>                          148,642
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<PREFERRED>                                          0
<COMMON>                                        93,246
<OTHER-SE>                                      48,758
<TOTAL-LIABILITY-AND-EQUITY>                   142,004
<SALES>                                         36,022
<TOTAL-REVENUES>                                36,022
<CGS>                                           14,674
<TOTAL-COSTS>                                1,732,508
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 409
<INCOME-PRETAX>                                      0
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<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (2,071,877)
<EPS-PRIMARY>                                     (.29)
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</TABLE>
#### § 1.3 Service.

*Service* means the United States Fish and Wildlife Service, Department of the Interior.
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS AND RELATED NOTES THERETO AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS AND RELATED
NOTES.
</LEGEND>
<MULTIPLIER> 1,000
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                           2,601
<SECURITIES>                                         0
<RECEIVABLES>                                   39,979
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                42,787
<PP&E>                                             127
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  60,048
<CURRENT-LIABILITIES>                          159,546
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        37,617
<OTHER-SE>                                       7,877
<TOTAL-LIABILITY-AND-EQUITY>                    60,048
<SALES>                                          7,663
<TOTAL-REVENUES>                                 7,663
<CGS>                                            9,375
<TOTAL-COSTS>                                    9,375
<OTHER-EXPENSES>                                13,882
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              19,062
<INCOME-PRETAX>                               (15,594)
<INCOME-TAX>                                       321
<INCOME-CONTINUING>                           (15,914)
<DISCONTINUED>                                  12,639
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,276)
<EPS-PRIMARY>                                    (.16)
<EPS-DILUTED>                                    (.16)




</TABLE>
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I

103D CONGRESS

2D SESSION H. R. 4958

To amend title 3 of the United States Code to provide immunity from

suit for the President of the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 12, 1994

Mr. ROSE introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To amend title 3 of the United States Code to provide

immunity from suit for the President of the United

States, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Presidential Immunity

5 Act of 1994’’.

6 SEC. 2. PRESIDENTIAL IMMUNITY FROM CIVIL SUIT.

7 (a) IN GENERAL.—Title 3, United States Code, is

8 amended by adding at the end the following:
2

•HR 4958 IH

1 ‘‘CHAPTER 5—IMMUNITY FROM CIVIL SUIT

‘‘Sec.

‘‘501. Immunity generally.

‘‘502. Recovery of attorneys’ fee.

‘‘503. Sanctions for improper suit.

2 ‘‘§ 501. Immunity generally

3 ‘‘The President shall be immune from all civil suit,

4 in whatsoever court, seeking money damages, during the

5 period that begins when the President takes office and

6 ends 180 days after the President leaves office. None of

7 the time during any period in which the President is im8 mune from suit by reason of this section shall be counted

9 as part of any period of statutory or other limitations on

10 the later commencement of such a suit.

11 ‘‘§ 502. Recovery of attorneys’ fees

12 ‘‘If an individual who is President or a former Presi13 dent—

14 ‘‘(1) obtains the dismissal of a civil suit by rea15 son of section 501; or

16 ‘‘(2) otherwise prevails in any civil suit, in

17 whatsoever court, seeking money damages based on

18 a cause of action arising before or during that indi19 vidual’s term as President;

20 the Secretary of the Treasury shall reimburse such indi21 vidual for reasonable attorneys’ fees and other costs that

22 such individual is liable for in connection with such suit.
3

•HR 4958 IH

1 ‘‘§ 503. Sanctions for improper suit

2 ‘‘Any court in which a civil suit seeking money dam3 ages is commenced against a former President, based on

4 a cause of action arising before or during such former

5 President’s term as President, may impose upon a party

6 or that party’s attorney appropriate sanctions, including

7 an order to reimburse the Secretary of the Treasury for

8 payments made under section 502, if the court determines

9 the suit—

10 ‘‘(1) is not well grounded in fact;

11 ‘‘(2) is not warranted by existing law or by a

12 good faith argument for the extension, modification,

13 or reversal of existing law; or

14 ‘‘(3) is interposed for an improper purpose,

15 such as to harass or embarrass the former Presi16 dent.’’

17 (b) CLERICAL AMENDMENT.—The table of chapters

18 at the beginning of title 3, United States Code, is amended

19 by adding at the end the following new item:

‘‘5. Immunity from civil suit .......................................................... 501’’.

Æ
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


Pursuant to 10 U.S.C.  Section  1350 as adopted  pursuant to Section 1350 of the
Sarbanes-Oxley  Act  of  2002,  in  connection  with  the  Quarterly  Report  of
Electronic  Game Card,  Inc. on Form  10-QSB/A  for the period  ending March 31,
2005, as filed with the  Securities  and Exchange  Commission on the date hereof
(the "Report") for Electronic Game Card, Inc., (the "Company"),  the undersigned
hereby certifies that:

(1)      to the  best of my  knowledge,  the  Report  fully  complies  with  the
         requirements  of Section 13(a) or 15(d) of the Securities  Exchange Act
         of 1934; and

(2)      to the best of my knowledge,  the  information  contained in the Report
         fairly presents, in all material respects,  the financial condition and
         result of operations of the Company.

April 6, 2006


/S/ LINDEN J. BOYNE
--------------------------------------------
    LINDEN J. BOYNE  CHIEF FINANCIAL OFFICER
No. 11-5930.

#### de Lourdes Cantu *v.*United States.

C. A. 5th Cir. Certiorari denied.