alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying quarterly report on Amendment No. 1 to Form
10-QSB of Futomic Industries, Inc. for the quarter ending September 30, 2004, I,
Francisco Schipperheijn, Chief Executive Officer of Futomic Industries, Inc.
hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and
belief, that:

     1.   Such quarterly report of Amendment No. 1 to Form 10-QSB for the period
          ending September 30, 2004, 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 such Quarterly Report on Amendment No. 1
          to Form 10-QSB for the period ended September 30, 2004, fairly
          represents in all material respects, the financial condition and
          results of operations of Futomic Industries, Inc.



Dated:    November 22, 2004

FUTOMIC INDUSTRIES, INC.

By:  /s/ Francisco Schipperheijn
-----------------------------------------
Chief Executive 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 China  BAK  Battery,  Inc.  (the
"Company") on Form 10-QSB/A for the period ended June 30, 2005 as filed with the
Securities  Exchange  Commission  on the  date  hereof  (the  "Report").  I,  Li
Xiangqian,  Chief  Executive  Officer of the  Company,  certify,  pursuant to 18
U.S.C.  ss. 1350, as adopted  pursuant to ss. 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 result of
                  operations of the Company.

By: /s/ Li Xiangqian
   ---------------------------
   Li Xiangqian
   Chief Executive Officer
   February 2, 2006
# C_2015073EN.01002301.xml

| 2.3.2015 | EN | Official Journal of the European Union | C 73/23 |
| --- | --- | --- | --- |

2.3.2015

EN

Official Journal of the European Union

C 73/23

---

Judgment of the General Court of 20 January 2015 — Spain v Commission

(Case T-111/12) (1)

(Cohesion Fund - Reduction of the financial assistance - Time-limit for adopting a decision)

(2015/C 073/30)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: A. Rubio González, abogado del Estado)

Defendant: European Commission (represented by: D. Recchia, acting as Agent, and initially by J. Rivas Andrés and X.M. García García, and subsequently by J. Rivas Andrés, lawyers)

Re:

Application for annulment of Commission Decision C (2011) 9990 of 22 December 2011 concerning the reduction of the assistance granted under the Cohesion Fund to the projects ‘Solid waste disposal management in the autonomous community of Extremadura — 2001’ (CCI 2001.ES.16.C.PE.043), ‘Water supply and sewer systems in the Duero river basin — 2001’ (CCI 2000.ES.16.C.PE.070), ‘Solid waste disposal management in the autonomous community of Valencia — 2001 — Group II’ (CCI 2001.ES.16.C.PE.026) and ‘Sanitation systems and waste water treatment in Bierzo Bajo’ (CCI 2000.ES.16.C.PE.036).

Operative part of the judgment

The Court:

| 1. | annuls Commission Decision C (2011) 9990 of 22 December 2011 concerning the reduction of the assistance granted under the Cohesion Fund to the projects ‘Solid waste disposal management in the autonomous community of Extremadura — 2001’ (CCI 2001.ES.16.C.PE.043), ‘Water supply and sewer systems in the Duero river basin — 2001’ (CCI 2000.ES.16.C.PE.070), ‘Solid waste disposal management in the autonomous community of Valencia — 2001 — Group II’ (CCI 2001.ES.16.C.PE.026) and ‘Sanitation systems and waste water treatment in Bierzo Bajo’ (CCI 2000.ES.16.C.PE.036); |
| --- | --- |

1.

annuls Commission Decision C (2011) 9990 of 22 December 2011 concerning the reduction of the assistance granted under the Cohesion Fund to the projects ‘Solid waste disposal management in the autonomous community of Extremadura — 2001’ (CCI 2001.ES.16.C.PE.043), ‘Water supply and sewer systems in the Duero river basin — 2001’ (CCI 2000.ES.16.C.PE.070), ‘Solid waste disposal management in the autonomous community of Valencia — 2001 — Group II’ (CCI 2001.ES.16.C.PE.026) and ‘Sanitation systems and waste water treatment in Bierzo Bajo’ (CCI 2000.ES.16.C.PE.036);

| 2. | orders the commission to pay the costs. |
| --- | --- |

2.

orders the commission to pay the costs.

---

(1)  OJ C 126, 28.4.2012.

---
#### UNITED STATES of America, Plaintiff-Appellee, v. Travis HORTON, Defendant-Appellant.

No. 97-5146

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Oct. 30, 1998.

II Young Choi, Miami, FL, for Defendant-Appellant.

Thomas E. Scott, U.S. Atty., Nina Stillman Mandel and Kathleen M. Salyer, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before TJOFLAT, EDMONDSON and BLACK, Circuit Judges.

PER CURIAM:

Appellant Travis Horton appeals his 126-month sentence for possession with intent to distribute crack cocaine, in violation of 21 U.S.C. § 841(a)(1). Appellant contends that the district court erred by including his prior conviction for simple assault in his criminal history calculation.

Appellant argues that his simple assault conviction is similar to convictions for disorderly conduct, disturbing the peace, hindering or failing to obey a police officer, and resisting arrest, all of which, under U.S.S.G. § 4A1.2(c)(l), are not included in a defendant’s criminal history calculation.1 Appellant’s argument is without merit; assault is not similar to the offenses listed in U.S.S.G. § 4A1.2(c)(1). *See United States v. Elmore,*108 F.3d 23, 26-27 (3d Cir.) (assault not *1228similar to disorderly conduct), *cert. denied,*— U.S. , 118 S.Ct. 110, 139 L.Ed.2d 63 (1997); *United States v. Russell,*913 F.2d 1288, 1294 (8th Cir.1990) (affirming district court’s inclusion of convictions for assault and criminal damage to property in criminal history calculation; court stated that appellant “submitted no authority for the proposition that assault and criminal damage to property is akin to disorderly conduct or disturbing the peace”); *see also United States v. Norman,*129 F.3d 1393, 1401 & n. 12 (10th Cir.1997) (stating it would be an absurd result to exclude assault from the criminal history calculation pursuant to U.S.S.G. § 4A1.2(c)(l)); *United States v. Kemp,*938 F.2d 1020, 1023 (9th Cir.1991) (stating that “the crime of ‘domestic violence’ under Arizona law includes both disorderly conduct, which is excluded by the explicit language of the Guidelines, and assault, which is included” (footnote omitted)); *United States v. Hoelscher,*914 F.2d 1527, 1537 (8th Cir.1990) (court noted that assault is not similar to offenses set out in U.S.S.G. § 4A1.2(e)(l) and (2)). We therefore affirm the judgment entered by the district court.

AFFIRMED.

1

. U.S.S.G. § 4A1.2(c) provides in part:

> Sentences for all felony offenses are counted. Sentences for misdemeanor and petty offenses are counted, except as follows:

> (1) Sentences for the following prior offenses and offenses similar to them, by whatever name they are known, are counted only if (A) the sentence was a term of probation of at least one year or a term of imprisonment of at least thirty days, or (B) the prior offense was similar to an instant offense:

> Disorderly conduct or disturbing the peace

> Hindering or failure to obey a police officer

> Resisting arrest
No. 96-7864.

#### Kelly *v.*Merit Systems Protection Board.

C. A. Fed. Cir. Certiorari denied.
<PAGE>

                                                                    Exhibit 99.1

         I, Roger Paglia, Chief Executive Officer of Media and
Entertainment.com, Inc., certify, pursuant to 18 U.S.C.'SS' 1350, as enacted
by 'SS' 906 of the Sarbanes-Oxley Act of 2002, that:

         (1) the Quarterly Report on Form 10-QSB for the quarterly period ended
September 30, 2002 (the "Periodic Report") which this statement accompanies
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and

         (2) information contained in the Periodic Report fairly presents, in
all material respects, the financial condition and results of operations of
Media and Entertainment.com, Inc.


Dated: November 14, 2002

                                       /s/ Roger Paglia
                                       ----------------------------------------
                                       Roger Paglia
                                       Chief Executive Officer
1 Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-40662 Summary Calendar

__________________
UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOE ANN MOUTON, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:94-CR-35-2

- - - - - - - - - - May 29, 1996 Before HIGGINBOTHAM, DUHÉ and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: 1 This is a direct appeal from Joe Ann Mouton's conviction for misprision of a felony. Mouton contends that the district court erred by denying her motion to suppress the cocaine law enforcement officers discovered after a purportedly improper search. We have reviewed the record and the briefs of the parties and AFFIRM the district court's decision denying Mouton's motion to suppress the cocaine for essentially the same reasons set forth by the district
court. United States v. Mouton , No. 6:94-CR-35-2 (E.D. Tex. Feb. 6, 1995).AFFIRMED.
EXHIBIT 21.1








SUBSIDIARIES OF THE REGISTRANT





a) CoStar Realty Information, Inc., a Delaware corporation





b) CoStar Limited, a U.K. company





c) CoStar UK Limited, a U.K. company





d) Grecam S.A.S., a France Societée par Actions Simplifiée





e) Property and Portfolio Research, Inc., a Delaware corporation





f) Property and Portfolio Research Ltd., a U.K. company





g) Resolve Technology, Inc., a Delaware corporation





h) 1331 L Street Holdings, LLC, a Delaware limited liability company





i) CGI Building Finance, LLC, a Delaware limited liability company
----

----

EXHIBIT 32

| Date:  |       August 6,      2009 |   | /s/ Sean C.      Cutting                   |
|--------|---------------------------------------------------------|--------|--------------------------------------------|
|   |                                                    |   | Sean      C. Cutting                       |
|   |                                                    |   | President      and Chief Executive Officer |
|   |                                                    |   | (Principal      Executive Officer)         |
|   |                                                    |   |                                       |
|   |                                                    |   |                                       |

| Date:  |       August 6, 2009 |   | /s/ Mary Dieter      Smith                                 |
|--------|----------------------------------------------------|--------|------------------------------------------------------------|
|   |                                               |   | Mary      Dieter Smith                                     |
|   |                                               |   | Executive      Vice President and                          |
|   |                                               |   | Chief      Financial Officer                               |
|   |                                               |   | (Principal Financial      andAccounting Officer) |

----
# SERVED APRI L10 , 201 2 U.S
. DEPARTMEN T O FTRANSPORTATIO N

OFFIC E O FHEARING S WASHINGTON , D C
I n Tli e Matte r

Of : MONTGOMER Y AVIATION , INC. , Respondent Docket No
. FAA-2012-002 3 Cas e No
. 2010-GL-11-009 6

ORDE RDISMISSIN GPROCEEDIN G O n Apri l 9 , 2012 , th e Respondent , Montgomer y Aviation , Inc. , fileda Withdrawal o f

Appeal an dareques t

t o dismis s th e Complainl
. 1 h e Respondent' s Withdrawal o f

Appeal state dtha

t th e partie s ha

dreache dasettlement
. Th e Respondent attache dacop y o f

th e fina l Order Assessin g Civi l Penalt

y tha t th e Complainant , the Federa l Aviatio n Administratio n (FAA) , ha dissue do n March26 , 2012
. There i s no hearin g currentl y se t

i n thi s matter . I t I s Hereb y Ordered : 1 ) Th e Ma

y 31 , 201 2 Rul e 1 6 Litigatio n Schedulin g Conference , set for 11:00am-12:00p mEST , i s cancelled
. 2 ) Pursuan t

t o 1 4 C.F.R
. §13.215 , the Respondent , VIontgomei- y Aviation , Inc. , ha s Withdraw n it s Appeal , an dthi s proceedin g i s dismisse dwithprejudice
.

iva n hi^trative La

w Judg e Attachment : Servic e Lis tFDMSNO
. FAA-2012-002 3 (Civi l Penalt y Action ) SERVIC E LIS T ORIGINA L& ON E COP Y Federa l Aviatio n Administratio n , 80 0 Independenc e Avenue , S.W
. Washington , D C 2059 1 Attention ; Hearin g Docke t Cterk , AGC-43 0 Wilbu r Wrigh t Building—Suit e 2W 1 coo ' ON E COP Y J.C
. Buehler , Respondent' s Counse l Buehle r Associate s 77 7 Eas t 86' ^ Stree t Bo x 4092 4 Indianapolis , I

N 46240-092 4 TEL : 317-253-868 6 FAX : 317-253-937 1 Danie l Re x Montgomery , Presiden t Montgomer y Aviation , Inc. , Responden t Indianapoli s Executiv e Airpor t 1132 9 Eas t

Stat e Roa d3 2 Zionsville , I

N 4607 7 Chri s G
. Zurales , Complainant' s Counse l Senio r Attorney , Offic e o f

th e Regiona l Counse l Grea t Lake s Region , AGL-7 K Federa l Aviatio n Administratio n 230 0 Eas t

Devo n Avenu e DesPlaines,I L60018-469 6 TEL : 847-294-771 3 FAX : 847-294-749 8 Th e Honorabl e J.E
. Sullivan , Administrativ e La w Judg e U.S
. Departmen t

o f Transportatio n Offic e o f Hearings , M-2 0 " 120 0 Ne w Jerse y Avenue , S.E , Washington , D C 2059 0 TEL : 202-366-213 2 FAX : 202-366-753 6 Service wa s b y U.S
. Mail
. Fo

r servic e i n perso n o r b y expedite dcourier, use th

e followin g address : Federa

l Aviatio n Administration , 60

0 Independence Avenue , S.W. , Wilbu r Wrigh t Building—Suit

e 2W1000 , Washington , D C 20591 ; Attention : Hearin g Docke t Clerk, AGC-430
.



### - 2 -
Exhibit
      32.1





Section
      906 Certification





In
      connection with the Quarterly Report of Nutra Pharma Corp. (the “Company”) on
      Form 10-QSB for the period ending September 30, 2006, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Rik J.
      Deitsch, Chief Executive Officer 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; 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: November 14,
                2006/s/ Rik J. DeitschRik
                J. DeitschChief
                  Executive Officer and Chief Financial Officer
EXHIBIT 32


                            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  California  Clean Air, Inc. (the
"Company") on Form 10-QSB for the period ended  September 30, 2004 as filed with
the  Securities  and Exchange  Commission on the date hereof (the  "Report") the
undersigned  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 the best of
my knowledge:

         (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.


Dated: October 25, 2004             /s/ STEPHEN D. WILSON

                                    Stephen D. Wilson
                                    Title: President, Chief Executive Officer,
                                    Secretary, Chief Financial Officer, Chief
                                    Accounting Officer, Director
EXHIBIT 32.2


                           SECTION 1350 CERTIFICATION


     In connection  with the Quarterly  Report of Las Palmas Mobile Estates (the
"Company")  on Form 10-Q/A for the quarter  ending  March 31, 2008 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Diana L. Hassan, Secretary and Treasurer 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, to my knowledge:

     (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: May 13, 2008



                                        By: /s/ DIANA L. HASSAN
                                            ___________________________
                                                Diana L. Hassan
                                                Secretary and Treasurer
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 1**  **3 -**  **6069**

UNITED STATES OF AMERICA , Plaintiff

– Appellee , and GENERAL KEARNEY, JR., Claimant ,
v. ADRIAN LAMONT KEARNEY, a/k/a Adrian Carlton White, a/k/a A.D. , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern District of North Carolina , at Greenville
. W. Earl Britt , Senior District Judge. ( 4:10

- cr - 00041

- BR

- 1 ; 4:12

- cv - 00282

- BR )

Submitted : April 9, 2013 Decided: April 18, 2013

Before DAVIS, KEENAN, and DIAZ , Circuit Judges.

Dismiss ed by un published per curiam opinion
. Adrian Lamont Kearney, Appellant Pro Se
. Shailika K. Shah , OFFICE OF THE UNITED STATES ATTORNEY , Raleigh, North Carolina, for Appellee.2 Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM: Adrian Lamont Kearney seeks to appeal the district court’s order denying relief on his 28 U.S.C. A. § 2255 ( West Supp. 2012 ) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (B) (200 6 ). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (200 6 ). When the dis trict court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 ( 2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable clai m of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Kearney has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal4 contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

DISMISSED
Exhibit 32.1    Bingham Canyon Corporation  CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  The undersigned executive officer of Bingham Canyon Corporation certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:  1. the quarterly report on Form 10-Q of Bingham Canyon Corporation for the quarter ended March 31, 2008 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Bingham Canyon Corporation. Date: May  13, 2008/s/ Brett D. Mayer
Brett D. Mayer
Principal Executive Officer
Principal Financial Officer
Exhibit
32.2




CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350, ADOPTED PURSUANT TO SECTION 906 OF
THE


SARBANES-OXLEY
ACT OF 2002




In
connection with the Quarterly Report of Huifeng Bio-Pharmaceutical Technology
Inc. on Form 10-Q for the period ended March 31, 2010 as filed with the
Securities and Exchange Commission on the date here of, I, Sanding Tao, 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 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: May
17, 2010





/S/
      Sanding TaoSanding
      Tao
                Principal
      Accounting and Financial Officer
# C_2014052EN.01003502.xml

| 22.2.2014 | EN | Official Journal of the European Union | C 52/35 |
| --- | --- | --- | --- |

22.2.2014

EN

Official Journal of the European Union

C 52/35

---

Judgment of the General Court of 16 January 2014 — Ferienhäuser zum See v OHIM — Sunparks Groep (Sun Park Holidays)

(Case T-383/12) (1)

1

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Sun Park Holidays - Earlier Community figurative mark Sunparks Holiday Parks - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2014/C 52/65

Language of the case: English

Parties

Parties

Applicant: Ferienhäuser zum See GmbH (Marienmünster, Germany) (represented by: M. Boden and I. Höfener, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Sunparks Groep NV (Den Haan, Belgium)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 June 2012 (Case R 1928/2011-4), relating to opposition proceedings between Sunparks Groep NV and Ferienhäuser zum See GmbH.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the applicant to pay the costs. |
| --- | --- |

2.

Orders the applicant to pay the costs.

---

(1)  OJ C 355, 17.11.2012.

1

---