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





I, Luis F. Saenz, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q of Li3 Energy, Inc. for the period ended March 31, 2011 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Quarterly Report fairly presents in all material respects the financial condition and results of operations of Li3 Energy, Inc.





Date: May 23, 2011
By:
/s/ Luis F. SaenzName:
Luis F. SaenzTitle:
Chief Executive Officer





A signed original of this written statement, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement, has been provided to Li3 Energy, Inc., and will be retained by Li3 Energy, Inc., and furnished to the Securities and Exchange Commission or its staff upon request.
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

I,
Richard P. Dutkiewicz, as Chief Financial Officer and Principal Accounting Officer of New World Restaurant Group, Inc. (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:



|Dated: March 7, 2007 |  | By: |  | /s/RICHARD P. DUTKIEWICZRichard P. Dutkiewicz
Chief Financial Officer
Principal Accounting Officer
|-------------------- |  | --- |  | --------------------------------------------------------------------------------------------------

This
certification is furnished with this Report on Form 10-K pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such
Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Such certification will not be deemed to be incorporated
by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.

---



QuickLinks
II 

111TH CONGRESS 

1ST SESSION S. 2350 

To extend temporarily the suspension of duty on Rhenogran TP–50. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mr. VOINOVICH (for himself and Mr. BROWN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To extend temporarily the suspension of duty on Rhenogran 

TP–50. 

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

3 SECTION 1. RHENOGRAN TP–50. 

4 (a) IN GENERAL.—Heading 9902.12.72 of the Har5 monized Tariff Schedule of the United States (relating to 

6 Rhenogran TP–50) is amended by striking the date in the 

7 effective column period and inserting ‘‘12/31/2011’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 


jlentini on DSKJ8SOYB1PROD with BILLS
2 

•S 2350 IS

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act. 

Æ 


jlentini on DSKJ8SOYB1PROD with BILLS
Exhibit 32 (b)

                                     CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to Section 906 of
the Sarbanes-Oxley Act 2002 (18 U.S.C. 1350), the undersigned, Frank J. Cinatl,
IV, Chief Financial Officer of Abatix Corp. (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-K for the
year ended December 31, 2003 (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.

| |  |  |  |  |  |  |  |  |  | /s/ Frank J. Cinatl, IV                          
| |  |  |  |  |  |  |  |  |  | -------------------------------------------------
| |  |  |  |  |  |  |  |  |  | Name: Frank J. Cinatl, IV                        
| |  |  |  |  |  |  |  |  |  | Title: Vice President and Chief Financial Officer
| |  |  |  |  |  |  |  |  |  | March 26, 2004
II 

111TH CONGRESS 

1ST SESSION S. 2232 

To suspend temporarily the duty on certain hydration systems. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain hydration 

systems. 

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

3 SECTION 1. CERTAIN HYDRATION SYSTEMS. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 


wwoods2 on DSK1DXX6B1PROD with BILLS
2 

•S 2232 IS

‘‘ 9902.01.00 Insulated hydration systems 

with an outer surface of textile materials whose interior 

incorporates a flexible plastic 

container of a kind for storing and dispensing potable 

beverages through attached 

flexible tubing (provided for 

in subheading 4202.92.04 or 

4202.92.08) ........................... Free No change No change On or before 

12/31/2011 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


wwoods2 on DSK1DXX6B1PROD with BILLS
Exhibit 32.1




CERTIFICATION PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 (18 U.S.C. SECTION 1350)
  In connection with the Annual Report of Pharmacyclics, Inc., a Delaware corporation (the “Company”), on Form 10-K for the year ended June 30, 2010 as filed with the Securities and Exchange Commission (the “Report”), I, Robert W. Duggan, Chairman of the Board and Chief Executive Officer of the Company, certify, pursuant to §906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350), 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 result of operations of the Company.
  /s/ ROBERT W. DUGGAN
  Robert W. Duggan
 Chairman of the Board and Chief Executive Officer
 September 13, 2010
  
  CERTIFICATION PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 (18 U.S.C. SECTION 1350)
  In connection with the Annual Report of Pharmacyclics, Inc, a Delaware corporation (the “Company”), on Form 10-K for the year ended June 30, 2010 as filed with the Securities and Exchange Commission (the “Report”), I, Rainer M. Erdtmann, Vice President, Finance and Administration and Secretary of the Company, certify, pursuant to §906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350), 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 result of operations of the Company.
  /s/ RAINER M. ERDTMANN
  Rainer M. Erdtmann
 Vice President, Finance & Administration & Secretary
 September 13, 2010
GLD

- 050 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________

No. 10

- 2786

___________
SHAWN MARTIN FINCH,

Appellant

____________________________________
On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 10

- cv

- 00142 ) District Judge: Honorable Kim R. Gibson

____________________________________
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or Summar y Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 November 24, 2010

Before: AMBRO, CHAGARES AND NYGAARD

, Circuit Judges

(Opinion filed : December 13, 2010 )

_________

OPINION

_________

PER CURIAM

Appellant Shawn Martin Finch, proceeding pr o se , appeals from the District

Court’s dismissal of his civil action. For the reasons that follow, we will summarily

affirm the judgment of the District Court.

Finch initiated the underlying action in the United States District Court for the

Western Dis trict of Pennsylvania on June 3, 2010 , by filing a motion for leave to proceed2

in forma pauperis (“IFP”). Attached to the motion was a on e

- page proposed complaint

naming himself as the defendant and alleging that “unknown identity thieves” had

violated hi s Sixth and Fourteenth Amendment rights by stealing money awarded to him

in other legal actions

.

The Court concluded that Finch had alleged insufficient facts to support his

constitutional claims. Finch cited three appeals to this Court in support of hi s claim that

he had been awarded damages in prior actions. However, all three of tho se appeals were

dismissed without any damages being awarded. See C.A. Nos. 10

- 2262, 10

- 2263 & 10

-

2264. The Court explained that

, as t here wa s no indication from the comp laint whether

the alleged “identity thieves” were state actors

, and no indication that any damages had

ever been awarded to Finch, he failed to state a claim upon which relief could be granted.

Accordingly, the Court dismissed the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). 1

For the reasons given by the District Court, we agree that Finch’s complaint failed

to allege any actionable violation of his constitutional rights and that any amendment

would be futile. See Alston v. Parker , 363 F.3d 229, 235 (3d Cir. 2004). Based on the

foregoing, we conclude that this appeal presents no sub stantial question and, accordingly

,
will summarily affirm. See 3d Cir. LAR 27.4; I.O.P. 10.6.

1 The District Court also denied his motion for leave to proceed IFP as moot. As we have explained previously, leave to proceed IFP is based on a showing of indigence. See Deutsch v. United States , 67 F.3d 1080, 1085 n.5 (3d Cir. 1995). Only after such leave has bee n granted should a complaint be dismissed as frivolous. Se e id. Rather than dismissing the motion for leave to proceed IFP as moot, the District Court should have granted it and then dismissed the complaint as frivolous.
|   | Exhibit 32.1 |
|--------|--------------|

|   | 1. | The Report fully complies with 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. |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

|   |                                   |
|--------|----------------------------------------|
|   | /s/ Gary S. Ohlbaum               |
|   | Gary S. Ohlbaum                        |
|   | President, Chief Executive Officer and |
|   | Chief Financial Officer                |
|   |                                   |
|   |  January 21, 2011                 |
**Exhibit 32.1**

**CERTIFICATIONSPURSUANT TORULE 13a-14(b) UNDER THE EXCHANGE ACT AND 18 U.S.C. SECTION 1350**

In connection withthe Annual Report of North American Scientific, Inc. (“Company”) on Form 10-Kfor the year ending October 31, 2004, as filed with the Securities andExchange Commission on the date hereof (the “Report”), L. Michael Cutrer,President and Chief Executive Officer of the Company and, James W. Klingler,Senior Vice President and Chief Financial Officer of the Company, certify, tothe best of our knowledge, pursuant to Rule 13a-14(b) under theSecurities Exchange Act of 1934 and 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)   The Reportfully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange of 1934; and

(2)   The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.
| Date: March 11, 2005  | By:    | /s/* *L. MICHAEL CUTRER                         |
|-----------------------|--------|------------------------------------------------------|
|                  |   | L. Michael Cutrer                                    |
|                  |   | *President  and Chief Executive Officer*             |
| Date:  March 11, 2005 | By:    | /s/ JAMES W. KLINGLER                                |
|                  |   | James W. Klingler                                    |
|                  |   | *Senior  Vice President and Chief Financial Officer* |

 

1

----
II 

111TH CONGRESS 

1ST SESSION S. 2202 

To suspend temporarily the duty on bis(2,4-dihydroxy-3- 

methylphenyl)methane ester with 6-diazo-5,6-dihydro-5-oxo-1- 

naphthalnenesulfonic acid. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mr. SPECTER (for himself and Mr. CASEY) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on bis(2,4-dihydroxy-3- 

methylphenyl)methane ester with 6-diazo-5,6-dihydro-5- 

oxo-1-naphthalnenesulfonic acid. 

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

3 SECTION 1. BIS(2,4-DIHYDROXY-3-METHYLPHENYL) METH4 ANE ESTER WITH 6-DIAZO-5,6-DIHYDRO-5-OXO5 1-NAPHTHALNENESULFONIC ACID. 

6 (a) IN GENERAL.—Subchapter II of chapter 99 of 

7 the Harmonized Tariff Schedule of the United States is 

8 amended by inserting in numerical sequence the following 

9 new heading: 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2202 IS

‘‘ 9902.01.00 Bis(2,4-dihydroxy-3- 

methylphenyl)methane ester 

with 6-diazo-5,6-dihydro-5- 

oxo-1-naphthalnenesulfonic 

acid (CAS No. 123–91–1) 

(provided for in subheading 

2927.00.25) ........................... Free No change No change On or before 

12/31/2011 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 98-3817

___________ Theresa M. Holder, * * Appellant, * Appeal from the United States

* District Court for the Western v. * District of Missouri. * Kenneth S. Apfel, Commissioner of * [UNPUBLISHED] Social Security, * * Appellee.

___________ Submitted: December 7, 1999 Filed: December 10, 1999

___________ Before BOWMAN, FAGG, and MURPHY, Circuit Judges.

___________ PER CURIAM. TheresaM. Holder appeals the district court's order affirming the Commissioner's decision to deny Holder disability insurance benefits. Having carefully reviewed the record, we conclude that no error or law or fact appears and that an extended opinion would serve no useful purpose in this fact-intensive case. We find substantial evidence on the record as a whole supports the decision of the Commissioner, and Holder is not disabled for social security purposes. We thus affirm the district court without further discussion. See 8th Cir. R. 47B.-2-

A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
---

Exhibit 32.1

CERTIFICATION PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

The undersigned, Rahim Rayani, Chief Executive Officer and
Chief Financial Officer of Force Energy Corp. (the Company) hereby certifies
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

| | (1) | the Quarterly Report on Form 10-Q of the Company for the
      quarter ended May 31, 2009 (the Report) fully complies with the
      requirements of Section 13(a) or Section 15(d), as applicable, 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.                                                                                                   

|Dated: July 14, 2009 | /s/
      Rahim Rayani                                   
|-------------------- | ---------------------------------------------------------
|                     | Rahim Rayani                                             
|                     | Chief Executive Officer and Chief Financial
      Officer
|                     | (Principal Executive Officer, Principal
      Accounting 
|                     | Officer and Principal Financial Officer)                 

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 Force Energy
Corp. and will be retained by Force Energy Corp. and furnished to the Securities
and Exchange Commission or its staff upon request.

---
# n ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA DA 24-0264
STATE OF MONTANA,

Plaintiffand Appellee,
v. ORDER ROBERT LYSLE ROSE, 

# FILED

Defendant and Appellant. JUL 0 

### 9 2024 Bowen Greenwood Clerk of Supreme Court State of Montana Self-represented Appellant Robert Lysle Rose moves this Court for a stay ofthis appeal to allow him to file a Motion to Modify the May 17, 2024 Second Amended Judgment in the Twenty-First Judicial District Court, Ravalli County, because it does not conform tothe oral pronouncement ofJanuary 24, 2024. Alternatively,Rose indicatesthat he doesnot oppose a dismissal without prejudice ofthe current appeal. The State responds that it does not object to a stay, provided that this Court issues a limited remand for Rose to file a motion to amend thejudgment to conform to the oral pronouncement ofsentence. This Court receivedthe District Court'selectronic record on May 24, 2024. Having reviewed Rose's motion and the State's response, the Court determines that dismissal is the more appropriate course ofaction, without prejudice to Rose's right to appeal once the District Court rules on his motion to modify the writtenjudgment. IT IS THEREFORE ORDERED: 1. This appeal is DISMISSED without prejudice; and 2. The Clerk ofSupreme Court shall CLOSE this matter as ofthis Order's date. The Clerk is directed to provide a copy ofthis Order to counsel of record and to Robert Lysle Rose personally. DATED this 9
. — day ofJuly, 2024.

ChiefJustice 07/09/2024

Case Number: DA 24-0264
Exhibit 32.1

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned hereby certifies that,
to his or her knowledge, (i) the Form 10-Q filed by Cape Fear Bank Corporation (the Issuer) for the quarter ended June 30, 2007, fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and (ii) the information contained in that report fairly presents, in all material respects, the financial condition and results of operations of the Issuer on the dates and for the periods presented therein.



|                      |  |  |  |                                      
|--------------------- |  |  |  | -------------------------------------
|Date: August 10, 2007 |  |  |  | /s/ Cameron Coburn                   
|                      |  |  |  | Cameron Coburn                       
|                      |  |  |  | President and Chief Executive Officer
United States Court of Appeals

for the Fifth Circuit

No. 20-61221

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Michael Wayne Hanzik, Jr., 

Defendant—Appellant.

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 1:15-CR-33-1

Before Davis, Jones, and Elrod, Circuit Judges.

Per Curiam:*

Michael Wayne Hanzik, Jr., federal prisoner # 18297-043, appeals the 

denial of his motion for compassionate release filed pursuant to 18 U.S.C. 

§ 3582(c)(1)(A). Hanzik argues that the district court erred by finding he 

failed to exhaust his administrative remedies, by failing to consider all of his 

* Pursuant to 5th Circuit 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 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 25, 2021

Lyle W. Cayce

Clerk

Case: 20-61221 Document: 00516067697 Page: 1 Date Filed: 10/25/2021
No. 20-61221

2

arguments for granting relief, by failing to adequately explain its decision, by 

failing to properly balance the 18 U.S.C. § 3553(a) factors, and by considering 

U.S.S.G. § 1B1.13, p.s. 

We review a district court’s denial of a prisoner’s § 3582(c)(1)(A) 

motion for an abuse of discretion. United States v. Chambliss, 948 F.3d 691, 

693 (5th Cir. 2020). Because Hanzik himself filed the instant motion, the 

district court’s ruling was “bound only by § 3582(c)(1)(A)(i) and . . . the 

sentencing factors in § 3553(a).” United States v. Shkambi, 993 F.3d 388, 393 

(5th Cir. 2021).

In the instant case, we need not addressthe district court’s conclusion 

that Hanzik failed to exhaust his administrative remedies because it

alternatively concluded that Hanzik’s motion failed on its merits. The 

district court considered all of Hanzik’s arguments and found that, even if 

Hanzik had demonstrated an extraordinary and compelling reason to grant 

his motion, it should be denied based on the sentencing factors of § 3553(a). 

Thus, the court’s ruling provided “specific factual reasons” for its decision 

and reflected consideration of Hanzik’s motion, the record, and the § 3553(a) 

factors. See Chambliss, 948 F.3d at 693. Hanzik’s disagreement with the 

district court’s balancing of the § 3553(a) sentencing factors is not sufficient 

to demonstrate that the district court abused its discretion. See id. at 694.

Finally, although the district court briefly discussed the policy 

statement and commentary found at U.S.S.G. § 1B.13, p.s., there is no 

indication that the court considered itself bound by § 1B1.13. Cf. Shkambi, 

993 F.3d at 393.

Accordingly, the district court’s order is AFFIRMED.

Case: 20-61221 Document: 00516067697 Page: 2 Date Filed: 10/25/2021