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

Exhibit 32.1

                               SHOPKO STORES, INC.

                   CERTIFICATION OF PERIODIC FINANCIAL REPORT
                       PURSUANT TO 18 U.S.C. SECTION 1350

      Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, the undersigned officer of ShopKo Stores, Inc.
(the "Company") certifies that, to his knowledge, the Quarterly Report on Form
10-Q of the Company for the quarter ended October 30, 2004 fully complies with
the requirements of Section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934 and the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.

Dated: December 9, 2004

                                       SHOPKO STORES, INC.

                                              /s/ Sam K. Duncan
                                              ----------------------------------
                                              Sam K. Duncan
                                              Chief Executive Officer,
                                              President

      This certification accompanies this Quarterly Report on Form 10-Q pursuant
to Section 906 of the Sarbanes Oxley Act of 2002 and shall not be deemed filed
by the Company for purposes of the Securities Exchange Act of 1934.

                                       27
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-50965

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CARLOS HOMAR TOVAR-TORRES,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:14-CR-92-1

Before SMITH, WIENER, and ELROD, Circuit Judges.

PER CURIAM:*

Carlos Homar Tovar-Torres appeals the above-guidelines, 30-month 

sentence imposed for his illegal reentry conviction. He contends that his 

sentence is substantively unreasonable and greater than necessary to satisfy 

the 18 U.S.C. § 3553(a) factors.

We review the substantive reasonableness of a sentence for abuse of 

discretion. Gall v. United States, 552 U.S. 38, 51 (2007). “A non-Guideline 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

April 7, 2015

Lyle W. Cayce

Clerk

 

 Case: 14-50965 Document: 00512995957 Page: 1 Date Filed: 04/07/2015
No. 14-50965

sentence unreasonably fails to reflect the statutory sentencing factors where it 

(1) does not account for a factor that should have received significant weight, 

(2) gives significant weight to an irrelevant or improper factor, or (3) represents 

a clear error of judgment in balancing the sentencing factors.” United States 

v. Smith, 440 F.3d 704, 708 (5th Cir. 2006).

The district court cited Tovar-Torres’s prior immigration convictions and 

disciplinary violations at his detention facility as evincing a lack of respect of 

the law and necessitating an above-guidelines sentence in order to deter TovarTorres and protect the public. Tovar-Torres’s disagreement with the district 

court’s assessment of these factors is not sufficient to show an abuse of 

discretion. See Gall, 552 U.S. at 51. The extent of the variance, nine months 

above the guidelines maximum of 21 months, is within the range of variances 

that we have upheld. See United States v. McElwee, 646 F.3d 328, 345 (5th 

Cir. 2011). Given the significant deference that is due to a district court’s 

consideration of the § 3553(a) factors, see Gall, 552 U.S. at 51, and the district 

court’s reasons for its sentencing decision, Tovar-Torres has not demonstrated 

that the sentence is substantively unreasonable, see McElwee, 646 F.3d at 344-

45.

The judgment of the district court is AFFIRMED.

2

 Case: 14-50965 Document: 00512995957 Page: 2 Date Filed: 04/07/2015
* Larry G. Massanari has been appointed to serve as Acting Commissioner of

Social Security, and is substituted as appellee under Federal Rule of Appellate Procedure 43(c)(2). 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 00-2074

___________ Sandra S. Trammell, * * Appellant, *

* Appeal from the United States v. * District Court for the Eastern * District of Arkansas. Larry G. Massanari, Acting * Commissioner, Social Security * [UNPUBLISHED] Administration, * * * Appellee. *

___________ Submitted: May 4, 2001 Filed: May 10, 2001

___________ Before MORRIS SHEPPARD ARNOLD, RICHARD S. ARNOLD, and FAGG, Circuit Judges.

___________ PER CURIAM. InJune 1996, Sandra S. Trammell sought disability insurance benefits and supplemental security income, complaining of tachycardia, gastritis, shortness of-2-

breath, fatigue, weakness, chest pain, and anxiety. After a hearing, an administrative law judge (ALJ) determined Trammell was not disabled because she did not have a severe impairment or combination of impairments within the meaning of the regulations. The Appeals Council later denied Trammell's request for review, after considering records of Trammell's treating physician, some of which predated, but were not submitted before, the ALJ's decision. After Trammell commenced this federal court action and the parties filed cross motions for summary judgment, the district court granted judgment in favor of the Commissioner. Trammell appeals. Having reviewed the record, including relevant evidence submitted to the Appeals Council, we are convinced Trammell met her burden of showing she had impairments which would have had more than a minimal effect on her ability to work, and for which, contrary to the ALJ's belief, she received ongoing treatment. Se e Nguyenv. Chater , 75 F.3d 429, 430-31 (8th Cir. 1996) (claimant bears burden of establishing she has severe impairment; sequential evaluation process may be terminatedfor lack of severe impairment only when claimant's impairments would have no more than minimal effect on her ability to work). Accordingly, we reverse the grant of summary judgment in favor of the Commissioner. On remand, the ALJ should proceed with the sequential evaluation process and determine whether Trammell could returnto her former work, and if not, whether there were any jobs in the national economy she could perform. See 20 C.F.R. §§ 404.1520, 416.920 (2000) (discussing five-step sequential evaluation process). Other arguments advanced by Trammell's counsel have little to do with the facts of this case, and do not merit further discussion. We reverse and remand for further proceedings consistent with this opinion.-3-

A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
No. 51222.

#### Protests 59880-K, etc., of Providence Import Co., Inc. (New York).

Opinion by

Kincheloe, ,J.

It was stipulated that the merchandise is the same in all material respects as that passed upon in *Stephen Rug Mills*v. *United States*(32 C. C. P. A. 110, C. A. D. 293), and by the court’s decision on remand in Abstract 50056. In accordance therewith the protests were sustained as claimed.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               DEC-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                          17,491
<SECURITIES>                                         0
<RECEIVABLES>                                    2,076
<ALLOWANCES>                                         0
<INVENTORY>                                        787
<CURRENT-ASSETS>                                20,748
<PP&E>                                           5,866
<DEPRECIATION>                                 (4,535)
<TOTAL-ASSETS>                                  23,405
<CURRENT-LIABILITIES>                            3,786
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           280
<OTHER-SE>                                      19,339
<TOTAL-LIABILITY-AND-EQUITY>                    23,405
<SALES>                                         10,496
<TOTAL-REVENUES>                                10,734
<CGS>                                            1,608
<TOTAL-COSTS>                                    1,608
<OTHER-EXPENSES>                                 4,262
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (230)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (230)
<EPS-PRIMARY>                                   (0.02)
<EPS-DILUTED>                                   (0.02)
        

</TABLE>
No. 51503.

#### Protest 119965-K of A. S. Hardin (Galveston).

Opinion by

Keefe, J.

At the tqial it was established that a copy of the declaration of returning residents was mailed to the shipper; that when shipping same, the shipper could not find said declaration; and that the Railway Express Agency, when making entry, was not aware that the silver bowl was part of the articles purchased by residents of the United States abroad, paid the duties, and forwarded the article to the consignee. From the evidence presented it was held that the silver bowl in question was entitled to an exemption from duty under paragraph 1798 as articles acquired abroad for personal or household use. *(Deanesly*v. *United States,*64 Treas. Dec. 422, T. D. 46698, followed.)
EXHIBIT 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Chief Executive Officer and Corporate Controller and Chief Accounting Officer of Crocs, Inc. (the "Company"),
hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to the best of their knowledge:

Date: February 25, 2011

/s/ John P. McCarvel John P. McCarvel President and Chief Executive Officer(Principal Executive Officer)/s/ Jeffrey J. Lasher Jeffrey J. Lasher Corporate Controller and Chief Accounting Officer(Acting Principal Financial and Principal Accounting Officer)


A
signed original of this written statement required by Section 906 has been provided to Crocs, Inc. and will be retained by Crocs, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.

---



QuickLinks
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHNNY MIKE TORRES,

Petitioner,

v.

JEFFERSON B. SESSIONS III, Attorney

General,

Respondent. No. 14

- 73356

15

- 70152

Agency No. A205

- 536

- 414

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Argued and Submitted May 8, 2017

Pasadena, California

Before: KOZINSKI and OWENS, Circuit Judges, and SETTLE, ** District Judge.

1. The only evidence in the record that Torres’s 1993 kidnapping and

beating was “inflicted by or at the instigation of or with the consent or

acquiescence of a public official” is Torres’s statement that Delmar Mugel, his

main assailant, said he was a police officer. 8 C.F.R. § 1208.18(a)(1). The record

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The Honorable Benjamin H. Settle, United States District Judge for

the Western District of Washington, sitting by designation. 

# FILED

MAY 26 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2

thus does not “compel[] a contrary conclusion” to the BIA’s determination that

Torres failed to establish that Mugel was a public official. Arteaga v. Mukasey

,

511 F.3d 940, 944 (9th Cir. 2007).

Nor does the record compel a contrary conclusion to the BIA’s

determination that Torres’s fear of fu ture harm was too speculative. Cf. Haile v.

Holder , 658 F.3d 1122 , 1132

- 33 (9th Cir. 2011) (fear of future harm not

speculative where petitioner presented evidence of recent persecution of her father

and danger face d by political dissidents).

2. Torres waived his challenge to the BIA’s denial of his motion to reopen

and his motion for reconsideration by failing to raise these issues in his briefing.

Martinez

- Serrano v. I.N.S. , 94 F.3d 1256, 1259

- 60 (9th Cir. 1996).

DENIED AND DISMISSED

.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUL-31-1996
<PERIOD-START>                             AUG-01-1996
<PERIOD-END>                               OCT-31-1996
<CASH>                                       1,439,195
<SECURITIES>                                         0
<RECEIVABLES>                                  454,800
<ALLOWANCES>                                         0
<INVENTORY>                                    110,366
<CURRENT-ASSETS>                             2,004,361
<PP&E>                                       7,409,276<F1>
<DEPRECIATION>                                 261,700
<TOTAL-ASSETS>                               9,151,937
<CURRENT-LIABILITIES>                        4,254,431
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        379
<COMMON>                                        17,172
<OTHER-SE>                                   4,879,955
<TOTAL-LIABILITY-AND-EQUITY>                 9,151,937
<SALES>                                        172,595
<TOTAL-REVENUES>                               172,595
<CGS>                                                0<F2>
<TOTAL-COSTS>                                2,008,427
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              58,202
<INCOME-PRETAX>                            (1,894,034)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,894,034)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,894,034)
<EPS-PRIMARY>                                    (.12)
<EPS-DILUTED>                                        0<F3>
<FN>
<F1>Includes goodwill net $1,264,023
<F2>Not calculated
<F3>Not calculated
</FN>
        

</TABLE>
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

We
consent to the incorporation by reference in the Registration Statements Form S-3 (Nos. 333-154741 and
333-148954) and Form S-8 (Nos. 333-135200 and 333-148955) of Emergency Medical Services Corporation of our reports dated
February 17, 2009, with respect to the consolidated financial statements of Emergency Medical Services Corporation as of and for the year ended December 31, 2008, and the effectiveness
of internal control over financial reporting of Emergency Medical Services Corporation as of December 31, 2008, included in this Annual Report (Form 10-K) for the year ended
December 31, 2008.

/s/ Ernst & Young LLP


Denver,
Colorado
February 17, 2009

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QuickLinks
Exhibit 32.2

Written Statement of the Chief Executive Officer and Chief Financial Officer  Pursuant to Section 906  of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)

The undersigned, the Chief Executive Officer and the Chief Financial Officer of Emergency Medical Services Corporation, as general partner of Emergency Medical
Services L.P., a Delaware limited partnership (the "Company"), each hereby certifies that, to his knowledge on the date hereof:



| |  | /s/WILLIAM A. SANGERWilliam A. Sanger
Chief Executive Officer
Emergency Medical Services Corporation,
    as general partner of Emergency Medical    Services L.P.
February 26, 2008
| |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |  | /s/RANDEL G. OWENRandel G. Owen
Chief Financial Officer
Emergency Medical Services Corporation,
    as general partner of Emergency Medical
    Services L.P.
February 26, 2008     

---



QuickLinks
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.

</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                           4,717
<SECURITIES>                                         0
<RECEIVABLES>                                    4,777
<ALLOWANCES>                                         0
<INVENTORY>                                      2,201
<CURRENT-ASSETS>                                 1,394
<PP&E>                                          37,177
<DEPRECIATION>                                 (23,614)
<TOTAL-ASSETS>                                  26,652
<CURRENT-LIABILITIES>                            6,242
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            85
<OTHER-SE>                                      20,275
<TOTAL-LIABILITY-AND-EQUITY>                    26,652
<SALES>                                          9,291
<TOTAL-REVENUES>                                 9,291
<CGS>                                           (3,898)
<TOTAL-COSTS>                                   (3,898)
<OTHER-EXPENSES>                                (3,337)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 (37)
<INCOME-PRETAX>                                  2,079
<INCOME-TAX>                                       235
<INCOME-CONTINUING>                              1,843
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,843
<EPS-BASIC>                                       0.23
<EPS-DILUTED>                                     0.21


</TABLE>
<PAGE>   1
 
                                                                    EXHIBIT 23.2
 
                         INDEPENDENT AUDITORS' CONSENT
 
     We consent to the incorporation by reference in this Amendment No. 5 to
Registration Statement Nos. 333-39409 and 333-39409-01 of Starwood Hotels &
Resorts Trust and Starwood Hotels & Resorts Worldwide, Inc. (the "Companies") on
Form S-4 of our report dated March 24, 1995 on the separate and combined
financial statements and financial statement schedules of the Companies
appearing in the Companies' Annual Report on Form 10-K/A2 for the year ended
December 31, 1996 and to the reference to us under the heading "Experts".
 
                                          DELOITTE & TOUCHE LLP
 
Los Angeles, California
January 14, 1998
p.1 

OAR Box 1828 

Prepped by Ollie Stewart 

Document Number: 

183) ll-K-(F)-11 

Docket Number: 

A-83-27 

Printed 11/12/200811:12:54 AM Sheet 183 of 325 
P.2 

II-K-CF1-11 

BOILER AND POLLUTION CONTROL COST ALGORITHMS IN IFCAM. 

Letter from E. Medine, EEA to T. Bishop, D0E:EV. 

January 29, 1981, 

THIS INFORMATION CAN BE FOUND IN DOCKET A-79-02, ITEM 

II-K-(F)-11
No. 60661.

#### Keuffel & Esser Co. *v.*United States,

protests 235997-K, etc. (New York).

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the issues are the same in all material respects as those the subject of *John P. Herber & Co., Inc.*v. *United States*(30 Cust. Ct. 193, C. D. 1519), the protests were dismissed, and the matters were remanded to a single judge sitting in re-appraisement for determination of the value of the merchandise in the manner provided by law (28 U. S. C. § 2636 (d)).
<PAGE>   1
 
                                                                    EXHIBIT 23.1
 
                       CONSENT OF PEDERSEN & HOUPT, P.C.
 
   
     Pedersen & Houpt, P.C. hereby consents to all references made to it in
Amendment No. 5 to this Registration Statement on Form S-1 of SpinCycle, Inc.,
as filed with the Securities and Exchange Commission on November 23, 1998.
    
 
                                          /s/   PEDERSEN & HOUPT, P.C.
 
                                          --------------------------------------
                                                  Pedersen & Houpt, P.C.
 
Chicago, Illinois
   
November 23, 1998
No. 56242.

protests 156475-K and 175742-K (New York).

#### Stancy Mfg. Corp. and Baran Leather Co. *v.*United States,

Opinion by

Mollison, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.