alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
offense for driving under the influence and his custody is based upon that 

charge. Gaon fails to demonstrate that his present prosecution is a breach 

of his 1985 plea agreement as he has provided no documentary proof that 

a term of his 1985 plea agreement was that he could only be charged with 

a felony for a subsequent offense for a period of only 7 years.' 

More importantly, Gaon's ex post facto argument is without 

merit. Although Gaon's 1985 felony conviction occurred before the 2005 

enactment of the provision making a subsequent offense a felony 

regardless of the timing, see 2005 Nev. Stat., ch. 193, § 3, at 607-08, 2at the 

time he committed the instant offense, reference to NRS 484C.410(1) 

informed Gaon that he was subject to a felony prosecution for any drivingunder-the-influence offenses because of his prior felony convictions. See 

Dixon v. State, 103 Nev. 272, 274, 737 P.2d 1162, 1164 (1987) (holding that 

the third-offense felony provision was not an ex post facto law, despite the 

fact that the prior convictions antedated enactment of the provision, 

because the statute in effect at the time the defendant committed the 

subsequent offense informed him of the penalty); see also Weaver v. 

Graham, 450 U.S. 24, 30 (1981) (stating that the Ex Post Facto Clause 

"forbids the imposition of punishment more severe than the punishment 

assigned by law when the act to be punished occurred" (emphasis added)); 

1The declarations provided by Gaon merely indicate the advice given 

in 1985, which was accurate given the law at the time of his prior offense, 

see 1983 Nev. Stat., ch. 426, § 10, at 1070-71, and do not support an 

argument that the plea agreement contained a term that any subsequent 

felony prosecution was limited to 7 years. 

2The Legislature made the amendment applicable to all offenses 

committed before October 1, 2005. See 2005 Nev. Stat., ch. 193, § 14, at 

617. 

SUPREME COURT 

OF 

NEVADA 2 

(0) 1947A (en 
United States v. Katuna, 192 F.3d 1188, 1199 (9th Cir. 1999) (providing 

that recidivist statutes do not violate the Ex Post Facto Clause if the 

recidivist statutes exist at the time of commission of the subsequent 

offense). Accordingly, we 

ORDER the petition DENIED. 

Saitta 

cc: Hon. Jennifer P. Togliatti, District Judge 

Law Offices of John G. Watkins 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

SUPREME COURT 

OF 

NEVADA 3 

(0) 1947A (4iP0
#### The People of the State of New York, Respondent, v Roy Albert, Appellant.

[634 NYS2d 336]

—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that Supreme Court erred in refusing to give a *Dawson*instruction *(see, People v Dawson,*50 NY2d 311). Such an instruction is not necessary where, as here, the People did not argue that the alibi testimony of defendant’s mother should be rejected because she had delayed in coming forward with an alibi for defendant *(cf., People v Burgos,*50 NY2d 992). The court properly admitted defendant’s entire statement to the police *(see, People v Ventimiglia, 52*NY2d 350; *People v Vails,*43 NY2d 364). We reject the arguments of defendant that the court erred in admitting into evidence the handgun found in his possession and in allowing testimony concerning the handgun *(see, People v Mirenda,*23 NY2d 439; *see also, People v Pena,*50 NY2d 400, *rearg denied*51 NY2d 770, *cert denied*449 US 1087; *People v Sandy,*187 AD2d 466). Defendant did not specifically challenge the admission of the bullets and clip recovered from him; those arguments are unpreserved for our review *(see,*CPL 470.05 [2]), and we decline to exercise our power to address them as a matter of discretion in the interest of justice.

We have examined defendant’s remaining arguments and conclude that they lack merit. (Appeal from Judgment of Supreme Court, Monroe County, Mark, J.—Robbery, 1st Degree.) Present—Green, J. P., Pine, Wesley, Callahan and Davis, JJ.
Exhibit 23.1

CONSENT OF KPMG LLP

The
Board of Directors
divine, inc.:

We
consent to the incorporation by reference in the registration statements on Form S-3 (Nos. 333-69354, 333-73362, 333-74412, and 333-81178) and Form S-8 (Nos. 333-41184,
333-52262, 333-54698, 333-62882, 333-74356, 333-81186, 333-81188, and 333-81196) of divine, inc. of our report dated March 29, 2002, with respect to the consolidated balance sheets of
divine, inc. and subsidiaries as of December 31, 2001 and 2000, and the related consolidated statements of operations, stockholders' equity, and cash flows for the years ended
December 31, 2001 and 2000 and the period from May 7, 1999 (inception) through December 31, 1999, which report appears in the December 31, 2001 annual report on
Form 10-K of divine, inc. filed with the Securities and Exchange Commission on April 1, 2002.

|/s/KPMG LLPChicago, Illinois
May 8, 2002
|----------------------------------------

---

QuickLinks
EXHIBIT 32.1

                           CERTIFICATIONS 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 quarterly report of AMP Productions, Ltd. on Form 10-QSB
for the quarter ended December 31, 2006 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Thomas E. Mills, Chief
Executive Officer, President, and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted 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, 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.


Date: February 13, 2007     By /s/ Thomas Mills
                            Thomas E. Mills
                            President & Chief Financial Officer
Exhibit
32.1








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 Quarterly Report of Kronos Worldwide, Inc. (the Company) on
Form 10-Q for the quarter ended September 30, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Steven L. Watson,
Chief Executive Officer of the Company, and I, Gregory M. Swalwell, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 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.














/s/ Steven L.
Watson


Steven L.
Watson


Chief
Executive Officer








/s/ Gregory M.
Swalwell


Gregory
M. Swalwell


Chief Financial Officer








November
2, 2009








Note:  The
certification the registrant furnishes in this exhibit is not deemed “filed” for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or
otherwise subject to the liabilities of that Section.  Registration
Statements or other documents filed with the Securities and Exchange Commission
shall not incorporate this exhibit by reference, except as otherwise expressly
stated in such filing.
##### 



Exhibit 32.1 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 Quarterly Report of Arch Western Resources, LLC (the Company) on Form 10-Q
for the period ending March 31, 2005 as filed with the Securities and Exchange Commission on the
date hereof (the Report), the undersigned, John W. Eaves, President of the Company, certifies,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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. /s/ John W. EavesJohn W. Eaves
PresidentMay 12, 2005
 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 the Company and will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request. 38
No. 58079.

protests 184034-K, etc. (Boston).

#### H. P. Lambert Co. et al. *v.*United States,

Opinion by

Oliver, C. J.

It was stipulated that for duty purposes the clean content of the wool in question was determined in accordance with the instructions contained in T. D. 53159. Said T. D. 53159 was issued following the decision in *Fred Whitaker Company, Inc.*v. *United States*(27 Cust. Ct. 168, C. D. 1365), affirmed in *United States*v. *Fred Whitaker Company, Inc.*(40 C. C. P. A. 19, C. A. D. 492), wherein the statutory language, clean content of wool, as used in paragraph 1102 (b), was construed to mean the product commercially usable as wool and from which all the weight of grease and foreign material has been removed, including the wool fibers which are unavoidably and irrevocably lost as a result of commercially applied cleaning processes. Accordingly, the wool in question was held dutiable at the rate applied by the collector on the basis of the percentages of clean content as set forth in the column headed “Clean Content under T. D. 53159” in the schedule attached to and made a part of the decision in this case.
NO. 07-02-0277-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

JULY 9, 2002

______________________________

IN RE ERASMO GONZALEZ, RELATOR

_______________________________

Before QUINN and REAVIS and JOHNSON, JJ.

By this original proceeding, relator Erasmo Gonzalez, an inmate proceeding pro se

and informa pauperis, seeks a writ of mandamus to compel the Judge of the 69th District

Court to set a hearing and rule on a motion for writ of mandamus to compel the District

Clerk of Dallam County to produce a public record. By opinion dated March 8, 2002, in

cause number 07-02-0105-CV, this Court denied a petition for writ of mandamus by which

relator sought the same relief he requests by this proceeding. For the same reasons

expressed in our prior opinion, relator’s motion for leave to file a petition for writ of

mandamus and his petition for writ of mandamus must be denied.
2

An original proceeding filed in this Court must comply with the requirements of Rule

52 of the Texas Rules of Appellate Procedure. Rule 52.3 sets forth the mandatory

requirements of a petition as follows:

(a) Identity of Parties and Counsel

(b) Table of Contents

(c) Index of Authorities

(d) Statement of the Case

(e) Statement of Jurisdiction

(f) Issues Presented

(g) Statement of Facts

(h) Argument

(i) Prayer

(j) Appendix

Relator’s petition is in substantial compliance with only subparagraphs (e) and (i).

Otherwise, the petition lacks the necessary information for this Court to determine whether

relator is entitled to the relief he seeks. Specifically, relator has failed to provide a certified

or sworn copy of the motion he filed in the 69th District Court showing the matter of which

he complains. Tex. R. App. P. 52.3(j)(1)(A). As stated in our prior opinion, relator has not

demonstrated that he has requested and been refused a hearing on his pending motion.

Even a pro se applicant for a writ of mandamus must show himself entitled to the relief he

seeks. Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.–Houston [1st Dist.] 1992, orig.

proceeding).
3

Accordingly, relator’s motion for leave to file a petition for writ of mandamus and his

petition for writ of mandamus are hereby denied.

Don H. Reavis

 Justice

Do not publish.
**Exhibit 32.1**

 

**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 PATRIOT NATIONAL BANCORP, INC. (the “Company”) on Form 10-K/A for the year ended December 31, 2019 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), we, Michael A. Carrazza and Joseph D. Perillo, the Principal Executive Officer and the Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.

 

|   | /s/ Michael A. Carrazza                                                                           |
|--------|---------------------------------------------------------------------------------------------------|
|   | Michael A. Carrazza                                                                               |
|   | Chairman of the Board of Directors and Chief Executive Officer (Principal Executive Officer) |
|   |                                                                                              |
|   | /s/ Joseph D. Perillo                                                                             |
|   | Joseph D. Perillo                                                                                 |
|   | Chief Financial Officer

(Principal Financial Officer)                                            |

 

Date: June 8, 2020

 

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
# C_2007041EN.01000701.xml

| 24.2.2007 | EN | Official Journal of the European Union | C 41/7 |
| --- | --- | --- | --- |

24.2.2007

EN

Official Journal of the European Union

C 41/7

---

List of appointments made by the Council

October, November and December 2006 (social field)

(2007/C 41/05)

| Committee | End of term of office | Publication in OJ | Person replaced | Resignation/ Appointment | Member/Alternate | Category | Country | Person appointed | Affiliation | Date of Council Decision |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Advisory Committee on Freedom of Movement for Workers | 13.9.2008 | C 242, 7.10.2006 | Mr François LEPAGE | Resignation | Member | Government | France | Mr Cristophe CAROL | Ministry of the Interior, Internal Security and Local Freedoms | 7.11.2006 |
| Advisory Committee on Freedom of Movement for Workers | 13.9.2008 | C 242, 7.10.2006 | Mr Andrew MILTON | Resignation | Member | Government | United Kingdom | Mr Clinton NIELD | IND | 20.11.2006 |
| Advisory Committee for Safety and Health at Work | 31.12.2006 | C 321, 31.12.2003


  C 116, 30.4.2004


  C 122, 30.4.2004 | Mr Tom MELLISH | Resignation | Member | Workers | United Kingdom | Mr Hugh ROBERTSON | TUC | 7.11.2006 |
| Advisory Committee for Safety and Health at Work | 31.12.2006 | C 321, 31.12.2003


  C 116, 30.4.2004


  C 122, 30.4.2004 | Mr Marc BOISNEL | Resignation | Member | Government | France | Ms Mireille JARRY | Ministry for Employment, Social Cohesion and Housing | 20.11.2006 |

Committee

End of term of office

Publication in OJ

Person replaced

Resignation/ Appointment

Member/Alternate

Category

Country

Person appointed

Affiliation

Date of Council Decision

Advisory Committee on Freedom of Movement for Workers

13.9.2008

C 242, 7.10.2006

Mr François LEPAGE

Resignation

Member

Government

France

Mr Cristophe CAROL

Ministry of the Interior, Internal Security and Local Freedoms

7.11.2006

Advisory Committee on Freedom of Movement for Workers

13.9.2008

C 242, 7.10.2006

Mr Andrew MILTON

Resignation

Member

Government

United Kingdom

Mr Clinton NIELD

IND

20.11.2006

Advisory Committee for Safety and Health at Work

31.12.2006

C 321, 31.12.2003

C 116, 30.4.2004

C 122, 30.4.2004

Mr Tom MELLISH

Resignation

Member

Workers

United Kingdom

Mr Hugh ROBERTSON

TUC

7.11.2006

Advisory Committee for Safety and Health at Work

31.12.2006

C 321, 31.12.2003

C 116, 30.4.2004

C 122, 30.4.2004

Mr Marc BOISNEL

Resignation

Member

Government

France

Ms Mireille JARRY

Ministry for Employment, Social Cohesion and Housing

20.11.2006

---
Case No. 9,813.

#### In re MORGANTHAL.

[1 N. B. R. 402 (Quarto, 98); 125 Leg. Int. 92; 6 Phila. 468.]

District Court, D. Pennsylvania.

March 14, 1868.

Bankruptcf — Amendment to Schedules — Close of First Meeting — Conditions.

1. A bankrupt cannot amend his schedules, by adding other names to the list of creditors, as of course, after the warrant, and after the close of the business of the first meeting.

2. The register may report provisionally as to the conditions on which the amendments should be allowed.

[In the matter of John Morganthal, a bankrupt.]

1

 [Reprinted from 1 N. B. R. 402 (Quarto, 98),. by permission.]

CADWALADER, District Judge.

The petition of this bankrupt returns, of unsecured debts, in Schedule A 3, eleven items for, together, about six hundred dollars. He now applies to amend by adding to the list twenty other debts, for amounts together exceeding that sum in a small amount. He proposes, at the same time, to add, by wav of amendment, six items of outstanding credits, not in the original schedules of his estate, to the amount of, together, $314.25, which is not a small proportional addition to the property at first disclosed. The register seems to be of opinion that amendments of this kind should be allowed, as of course, after the warrant, and after the close of the business of the first meeting. This would be a very dangerous practice, where such culpable laxity is indicated as this case exhibits. The clerk will send to him a copy of the register’s and court’s opinions, in the Case of Ratcliffe [Case No. 11.578), 2d and 23d November. 1867. The amendments asked for in the present case cannot be allowed, except upon such conditions as may prevent injustice to creditors. What those conditions ought to be may be reported provisionally by the register. There certainly must be a new list of creditors made out and sent to every known creditor, with a notice of the amendment of the schedule of property. Whether a new warrant will be necessary, depends upon the question, whether a new general notice by publication will *770be requirable. On this point the register’s report will furnish the materials for a decision.
Case No. 9,082.

#### The MARIA THERESA.

District Court, E. D. Pennsylvania.

July 28, 1848.

Shipping — Illegal Seizure op Vessel bt American Consul — Lien por Wages.

[1. Where a vessel is illegally seized by an American consul, in a foreign port, abandoned by the representative of the owners, and sent home under a master and crew shipped by the consul, she is liable to a lien for the wages of such crew, and for pilotage. See The Anne, Case No. 412.]

[2. There is a lien created against the vessel, both for wages and for pilotage.]

[Decided by KANE, District Judge. Nowhere reported; opinion not now accessible. The above statement of the case was taken from 1 Brightly, Dig. 589, 801.]
Exhibit 99.3

CERTIFICATION OF CHIEF EXECUTIVE OFFICER and PRINCIPAL FINANCIAL OFFICER

Pursuant to Section 906 of the Sarbanes-Oxley Act 2002 (18 U.S.C. ss.1350), the
undersigned, Chief Executive Officer and Principal Financial Officer of Disease
Sciences, Inc. (the "Company") has executed this certification in connection
with the filing with the Securities and Exchange Commission of the Company's
Annual Report on Form 10-KSB for the year ended September 30, 2002 (the
"Report").

The undersigned certifies 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 operation of the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
17th day of January, 2003.

By: /s/ John R. Signorello
    John R. Signorello,
    Chief Executive Office and
    Principal Financial Officer
<PAGE>
EXHIBIT 32.1


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

      In connection with the annual report of AcuNetx, Inc. (the "Company") on
Form 10-KSB for the year ended December 31, 2005 as filed with the Securities
and Exchange Commission (the "Report"), I, Terry Knapp, President and Chief
Executive Officer of the Company, certify pursuant to 18 U.S.C. Section 1350, as
adopted 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.

  Date: March 31, 2006



                                      By:  /s/ Terry Knapp
                                           -------------------------------------
                                                       Terry Knapp ,
                                           President and Chief Executive Officer

      This Certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, and shall not be deemed "FILED" by the Company for
purposes of Section 18 of the Securities Act of 1933, as amended, or the
Securities Exchange Act of 1934, as amended, whether made before or after the
date of this Report, irrespective of any general incorporation language
contained in such filing.
#### The People of the State of New York, Respondent, v Clarence Lane, Appellant.

[633 NYS2d 350]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lewis, J.), rendered November 23, 1993, convicting him of arson in the second degree, arson in the third degree, arson in the fourth degree, reckless endangerment in the first degree, criminal mischief in the fourth degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.

Furthermore, there is no showing that the defendant is entitled to a new trial as a result of the prosecutor’s alleged failure to disclose the record of conviction of one of the People’s witnesses *(see,*CPL 240.45 [1] [b]). The defense counsel was made aware of the prior conviction and used it for impeachment on cross-examination *(see, People v Fuentes,*199 AD2d 980; *see also, People v Clark,*194 AD2d 868, 869).

The defendant’s remaining contentions are either unpreserved for appellate review *(see,*CPL 470.05 [2]) or without merit. Mangano, P. J., Bracken, Sullivan and Rosenblatt, JJ., concur.
### -80 -79 -78 -77 -76 -75 -74 37 38 39 40 41 

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