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

                                                                    Exhibit 32.1

                   CERTIFICATION OF PERIODIC FINANCIAL REPORT

      Pursuant to 18 U.S.C. 1350, the undersigned, Charles E. Johnson, the chief
executive officer of PROLIANCE INTERNATIONAL, INC. (the "issuer"), does hereby
certify that the report on Form 10-Q accompanying this certification (the
"report") fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that information
contained in the report fairly presents, in all material respects, the financial
condition and results of operations of the issuer.

/s/ Charles E. Johnson
----------------------
Charles E. Johnson
President and Chief Executive Officer
(chief executive officer)
PROLIANCE INTERNATIONAL, INC.
August 14, 2006
```
No. 11216.

#### Crouch *v.*Sedgwick, Admr.

Decided November 16, 1909.

Error to Circuit Court of Plarrison county.

*Mr. D. A. Hollingsworth,*for plaintiff in error.

*Mr. R. H. Minteer*and *Messrs. Duncan & Kinder,*for defendant in error.

Judg*517ment affirmed.

Summers, Shauck and Price, JJ., concur.
* 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this opinion should not be published and is not precedent except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. 95-50405

(Summary Calendar)

UNITED STATES OF AMERICA,

Plaintiff-Appellee, 

versus

PAUL WAYNE AKERS, 

Defendant-Appellant. 

Appeal from the United States District Court

for the Western District of Texas

(SA-94-CR-263-1)

June 19, 1996

Before GARWOOD, WIENER and PARKER, Circuit Judges. 

PER CURIAM:*

Defendant-Appellant Paul Wayne Akers appeals his jury

conviction for manufacturing marijuana and maintaining a place to

manufacture a controlled substance in violation of 21 U.S.C.

§ 841(a)(1) and 846, as well as the sentence imposed following
2

conviction. On appeal Akers contends that the district court erred

in refusing to suppress evidence, contending that helicopter

flights over his property were unlawful, as was the sweep search of

the property thereafter, and that the subsequently obtained warrant

was likewise invalid. In addition to the suppression issue, Akers

contends that the district court erred by denying a jury

instruction on simple possession of marijuana as a lesser included

offense, in determining the number of marijuana plants involved in

the offense, and in denying relief under 18 U.S.C. § 3582(c)(2) as

to the amount of marijuana on which his sentence should be based.

We have carefully reviewed the arguments and applicable law as

proffered to us in the briefs of counsel, and have likewise

reviewed the record, and we are convinced that the district court

committed no reversible error in refusing to grant Akers’ motions

to suppress, in denying the jury charge on simple possession, or in

determining the number of marijuana plants involved for purposes of

sentencing. 

Nevertheless, as acknowledged by both the government and

Akers, he is entitled to have his sentence vacated and to be

resentenced, pursuant to 18 U.S.C. § 3582(c)(2), in light of

retroactive amendments to the Guidelines. At the time Akers was

sentenced, the notes to § 2D1.1(c)(4) specified that, in offenses

involving more than 50 marijuana plants, each plant should be

counted as one kilogram of marijuana. The November 1995 Guidelines

amended the notes and commentary to § 2D1.1 to provide that, in all
3

offenses involving marijuana plants, the defendant’s sentence

should be based on the greater of (1) the actual weight of the

usable marijuana, or (2) 100 grams per plant. U.S.S.G. App. C,

Amendment 516 (Nov. 1, 1995). Moreover, Amendment 516 applies

retroactively. § 1B1.10(a) and (c) (1995). 

We therefore affirm Akers’ conviction but vacate his sentence

and, pursuant to § 3582(c)(2), remand this case to the district

court for resentencing in light of the retroactive amendments to

the notes and commentary to § 2D1.1. 

AFFIRMED as to conviction; VACATED as to sentence, and REMANDED for

resentencing.
<TABLE> <S> <C>

<ARTICLE> 5
       
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM DIEDRICH
COFFEE, INC. UNAUDITED FINANCIAL STATEMENTS FOR THE THIRTEEN WEEKS ENDED AND AS
OF APRIL 29, 1998 CONTAINED IN THE COMPANY'S 1ST QUARTER 1999 10-Q AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-27-1999
<PERIOD-START>                             JAN-29-1998
<PERIOD-END>                               APR-29-1998
<CASH>                                       1,913,609
<SECURITIES>                                         0
<RECEIVABLES>                                  197,658
<ALLOWANCES>                                         0
<INVENTORY>                                  1,201,472
<CURRENT-ASSETS>                             3,516,505
<PP&E>                                      13,676,407
<DEPRECIATION>                               4,082,205
<TOTAL-ASSETS>                              13,720,643
<CURRENT-LIABILITIES>                        3,324,604
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        59,417
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                13,720,643
<SALES>                                      5,923,361
<TOTAL-REVENUES>                             5,923,361
<CGS>                                        2,682,665
<TOTAL-COSTS>                                2,682,665
<OTHER-EXPENSES>                             3,889,757
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              97,273
<INCOME-PRETAX>                               (744,825)
<INCOME-TAX>                                       800
<INCOME-CONTINUING>                           (745,825)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (745,825)
<EPS-PRIMARY>                                    (0.13)
<EPS-DILUTED>                                    (0.13)
        

</TABLE>
Exhibit 99.1




                           CERTIFICATION
                                OF
                         PSB HOLDINGS, INC.
           UNDER SECTION 906 OF SARBANES-OXLEY ACT OF 2002


     The undersigned Chief Executive Officer of PSB Holdings, Inc. (the
 "Company") certifies pursuant to Section 906 of the Sarbanes-Oxley Act of
 2002, 18 U.S.C. Section 1350, that (1) the Quarterly Report on Form 10-Q
 of the Company for the quarterly period ended September 30, 2002 (the
 "Report") fully complies with the requirements of Section 13(a) or 15(d)
 of the Securities Exchange Act of 1934, 15 U.S.C. 78m or 78o(d), and (2)
 the information contained in the Report fairly presents, in all material
 respects, the financial condition and results of operation of the Company.

     Date:  November 14, 2002

                                   DAVID K. KOPPERUD
                                   David K. Kopperud
                                   President and CEO


     The undersigned Chief Financial Officer of PSB Holdings, Inc. (the
 "Company") certifies pursuant to Section 906 of the Sarbanes-Oxley Act of
 2002, 18 U.S.C. Section 1350, that (1) the Quarterly Report on Form 10-Q
 of the Company for the quarterly period ended September 30, 2002 (the
 "Report") fully complies with the requirements of Section 13(a) or 15(d)
 of the Securities Exchange Act of 1934, 15 U.S.C. 78m or 78o(d), and (2)
 the information contained in the Report fairly presents, in all material
 respects, the financial condition and results of operation of the Company.

     Dated: November 14, 2002

                                   SCOTT M. CATTANACH
                                   Scott M. Cattanach
                                   Treasurer
                                   (Chief Financial Officer)
#### Boast LASTER, Appellant, v. The STATE of Florida, Appellee.

No. 72-674.

District Court of Appeal of Florida, Third District.

Dec. 19, 1972.

Phillip A. Hubbart, Public Defender and Lewis S. Kimler, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for appel-lee.

*379Before BARKDULL, C. J., and HEN-DRY and HAVERFIELD, JJ.

PER CURIAM.

Affirmed on the authority of Fuller v. Wainwright, Fla.1970, 238 So.2d 65; State v. Silva, Fla. 1972, 259 So.2d 153; Thomas v. State, Fla.App. 1966, 190 So.2d 361.
#### Richard McMILLIAN, Jr., Appellant, v. STATE of Florida, Appellee.

No. 71-1001.

District Court of Appeal of Florida, Fourth District.

April 18, 1972.

Appeal from Circuit Court, Orange County; Claude R. Edwards, Judge.

Emmett A. Moran and James K. Freeland, Orlando, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Nelson E. Bailey, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

On the basis of the briefs and the record filed herein, we conclude that the appellant has not demonstrated harmful error. The judgment appealed from is, therefore, affirmed.

REED, C. J., and WaLDEN and OWEN, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000757545
<NAME> 84A
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                         124,005
<SECURITIES>                                         0
<RECEIVABLES>                                  139,623
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               263,628
<PP&E>                                      18,233,825
<DEPRECIATION>                              16,106,643
<TOTAL-ASSETS>                               2,390,810
<CURRENT-LIABILITIES>                           32,951
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,357,859
<TOTAL-LIABILITY-AND-EQUITY>                 2,390,810
<SALES>                                      1,124,134
<TOTAL-REVENUES>                             1,136,392
<CGS>                                                0
<TOTAL-COSTS>                                2,059,738
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (923,346)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (923,346)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (923,346)
<EPS-PRIMARY>                                  (44.60)
<EPS-DILUTED>                                        0
        

</TABLE>
##### 



EXHIBIT 32.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER
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 amended annual report on Form 10-K/A of Cox Communications, Inc. (the Company)
for the period ended December 31, 2004, as filed with the Securities and Exchange Commission as of
the date hereof, I, Jimmy W. Hayes, hereby certify, pursuant to 18
U.S.C. Section 1350 as adopted pursuant to 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, 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/ Jimmy W. HayesName: Jimmy W. HayesTitle: Executive Vice President,Finance and Chief Financial OfficerDate: March 17, 2005
 A signed original of this written statement required by Section 906 or other documentation
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 Cox Communications, Inc. and will be retained by Cox Communications, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request. This certification
accompanies the amended annual report on Form 10-K/A to which it relates, is not deemed
filed with the Securities and Exchange Commission, and is not to be incorporated by reference into
any filing of Cox Communications, Inc. under the Securities Act of 1933, as amended, or the
Securities Exchange Act of 1934, as amended (whether made before or
after the date of the amended annual
report on Form 10-K/A, irrespective of any general incorporation language contained in such filing).
#### Lawrence HENDRICKS, Appellant, v. STATE of Florida, Appellee.

Nos. 72-746, 72-747.

District Court of Appeal of Florida, Second District.

March 28, 1973.

PER CURIAM.

Affirmed.
August 12, 2003 Page of

Revised INITIAL REVIEW EXPOSURE REPORT

Case Number: P030567 Assessor: Flessner

ENVIRONMENTAL RELEASES

Scenario#: 1 Number of Release Sites: .

Release Activity: Manufacturing 1

Release Description: WATER LANDFILL 1NCINEF. LADINCI FUGITIVE

Total Releases: 

(kg/yr) (kg/yr) (kg/yr) (kg/yr) (kg/yr)

Release Days/yr:363.

Per Site Release: 

(kg/day) (kg/yr) (kg/yr) (kg/yr) (kg/day)

Remarks: 

Ri, 11

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EPA SANITIZED Page 4 of 13
Page of

INITIAL REVIEW EXPOSURE REPORT

Case Number: P030567 Assessor:

ENVIRONENAL RELEASES

Scenario#: 2 Number of Release Sites: 

Release Activity. Manufacturing 2

lease Descriptio;%: WA-TER LANDFILL .ICIE .UIT L......I 

Total Releases: 

(kg/yr) (kg/yr) (kglyr) (kg/yr) (kg/yr)

Release Days/yr: [ [7 .

Per Site Release: 

(kg/day) (kg/yr) (kglyr) (kg/yr) (kg/day)

Remarks: 

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Page of

INITIAL REVIEW EXPOSURE REPORT

Case Number: P030567 Assessor:

.. ENVIR.ONMENTAL, RELEASES.

Scenario#: 3 Number of Release Sites: 

Release Activity: Processing la

eaweDese I tOn" WATE LANDMIL INCMNE LANDThNCIN FUIIVE

Total Releases: I 

(kglyr) (kglyr) (kglyr) (kg/yr) (kg/yr)

Release Days/yr: [ 

Per Site Release: 

(kg/day) (kg/yr) (kg/yr) (kglyr) (kg/day)

Remarks:

EPA SANITIZED Page 8 of 13
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CASE NUMBER: P030567

EPA SANITIZED Page 10 of 13
INITIAL REVIEW EXPOSURE REPORTPae o

Case Number: P030567 Assessor:

ENVIRONMENTAL RELEASES.

Scenanio#: 4 Number of Release Sites: 

Release Activity: Processing lb

klase D UritOuM WATER LANIWIL NIE ADJCN FGT

Total Releases: 

(kg/yr) (kg/yr) (kglyr) (kg/yr) (kglyr)

Release Days/yr: [ [ .

Per Site Release: 

(kg/day) (kgfyr) (kglyr) (kglyr) (kg/day)

Remarks:

EPA SANITIZED Page 11 of 13
INITIAL REVIEW EXPOSURE REPORT -- Page Of

CASE NUMBER: P030567

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<PAGE>

                                                                    Exhibit 32.1

                   CERTIFICATION OF PERIODIC FINANCIAL REPORT


         Pursuant to 18 U.S.C. 1350, the undersigned, Charles E. Johnson, the
chief executive officer of Transpro, Inc. (the "issuer"), does hereby certify
that the report on Form 10-Q accompanying this certification (the "report")
fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that information contained in
the report fairly presents, in all material respects, the financial condition
and results of operations of the issuer.



/s/ Charles E. Johnson
----------------------
Charles E. Johnson
President and Chief Executive Officer
(chief executive officer)
Transpro, Inc.
November 10, 2003




                                       20
EXHIBIT 12.1

                              Congoleum Corporation
     Statement Regarding Computation of Ratio of Earnings to Fixed Charges
                             (Dollars in thousands)

<TABLE>
<CAPTION>
                                                    2001        2000         1999         1998         1997
                                                 -----------------------------------------------------------

<S>                                               <C>         <C>          <C>          <C>          <C>
Earnings:
---------

Income from continuing operations                 ($1,640)    ($8,129)      $4,928       $9,853       $7,020
Income tax expense                                   (506)     (3,976)       2,719        5,663        4,035
Interest expense - gross                            8,629       8,624        8,629        7,690        7,620
Capitalized interest                                 (330)     (1,113)        (691)        (325)        (823)
Amortization of debt origination costs                386         386          386          461          560
Interest portion of rental expense (est.)           1,214         932        1,010          789          634
                                                 --------     -------     --------     --------     --------

Adjusted earnings                                  $7,753     ($3,276)     $16,981      $24,131      $19,046
                                                 ========     =======     ========     ========     ========

Fixed Charges :
---------------

Interest expense, net of capitalized interest      $8,299      $7,511       $7,938       $7,365       $6,797
Capitalized interest                                  330       1,113          691          325          823
Amortization of debt origination costs                386         386          386          461          560
Interest portion of rental expense (est.)           1,214         932        1,010          789          634
                                                 --------     -------     --------     --------     --------

Fixed Charges                                     $10,229      $9,942      $10,025       $8,940       $8,814
                                                 ========     =======     ========     ========     ========

Ratio of adjusted earnings to fixed charges           N/A(1)      N/A(2)       1.7x         2.7x         2.2x
                                                 ===========================================================
</TABLE>

(1) Earnings were inadequate to cover fixed charges by $2,476.

(2) Earnings were inadequate to cover fixed charges by $13,218.
##### 



EXHIBIT 32
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 Form 10-Q Issuer
  (i)
    
    the Form 10-Q fully complies with the requirements of section 13(a) or section 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and(ii)
    
    the information contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Issuer as of the dates and for the
periods indicated in the Form 10-Q.
 Dated: November 9, 2006
    
    By:
    
    /s/ LARRY L. ENTERLINEName:
    
    Larry L. EnterlineTitle:
    
    Chief Executive OfficerDated: November 9, 2006
    
    By:
    
    /s/ JOSEPH C. TUSA, JR.Name:
    
    Joseph C. Tusa, Jr.Title:
    
    Senior Vice President and Chief Financial Officer
 36
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21

- 1483

JOHN HOLMES , Plaintiff

- Appellant ,

v.
UNKNOWN , Defendant

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Norfolk

. Roderick Charles Young , District Judge. ( 2:20

- cv - 00553

- RCY

- RJK )

Submitted : August 24, 2021 Decided: August 26, 2021

Before NIEMEYER and HARRIS , Circuit Judges , and SHEDD, Senior Circuit Judge.

Dismissed by un published per curiam opinion

.
John Holmes, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
John Holmes seeks to appeal the district cou rt’s order dismissing his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(e)(2)(B). We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. In civil cases, pa rties have 30 days after the entry of the district co urt’s final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell , 551 U.S. 2 0 5, 2 1 4 ( 2007 ).
The district court entered its order on March 19, 2021

. Holmes filed the notice of appeal on April 27, 2021 . Because Holmes failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.
DISMISSED
#### Robert Lee WARE, Appellant, v. STATE of Florida, Appellee.

No. 71-979.

District Court of Appeal of Florida, Fourth District.

Feb. 17, 1972.

Appeal from Court of Record, Broward County; M. Daniel Futch, Jr., Judge.

Appeal dismissed.