alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Daren SUNDSTROM, Defendant-Appellant.

No. 81CA0287.

Colorado Court of Appeals, Div. I.

Nov. 19, 1981.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Susan P. Mele, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Stuver & George, Thomas W. Stuver, Rifle, for defendant-appellant.

COYTE, Judge.

Defendant appeals from the denial of his Crim.P. 35(c) motion for reduction of sentence. We affirm.

Defendant sought reduction of his sentence pursuant to Crim.P. 35(c) claiming that the decision in *Ramos v. Lamm,*485 F.Supp. 122 (D.Colo.1979), *modified,*639 F.2d 559 (10th Cir. 1980), *cert. denied,*450 U.S. 1041, 101 S.Ct. 1759, 68 L.Ed.2d 239 (1981) which determined that conditions at the prison constituted cruel and unusual punishment, made his sentence more onerous than contemplated by the sentencing judge. The reviewing court denied the motion, finding that the unconstitutional conditions of the prison were irrelevant to the sentencing process and would not be considered in an application for post-conviction review.

Defendant appeals, arguing that the reviewing court abused its discretion in failing to find that the unconstitutional conditions of confinement justified a reduction in sentence. In support of his assignment of error, defendant contends that the *Ramos*holding constitutes either material facts or “a ground otherwise properly the basis for collateral attack,” thus justifying post-conviction review of his sentence. We disagree.

In its opinion, the *Ramos*court, explicitly rejected any interpretation that its decision furnished a basis for the defendant to challenge the length of his sentence. Instead, the court focused only on correcting the unsatisfactory conditions at the prison. Furthermore, other jurisdictions, when considering what relief should be available to prisoners upon a finding that conditions where they are incarcerated constitute cruel and unusual punishment have declined to allow as a remedy the reduction of sentence or early release of prisoners. *See Cook v. Hanberry,*596 F.2d 658 (5th Cir. 1979), *cert. denied,*442 U.S. 932, 99 S.Ct. 2866, 61 L.Ed.2d 301 (1979); *Konigsberg v. Ciccone,*285 F.Supp. 585 (D.Mo.1968), *aff’d,*417 F.2d 161 (8th Cir. 1969), *cert. denied,*397 U.S. 963, 90 S.Ct. 996, 25 L.Ed.2d 255 (1970); *Ex parte Pickens,*13 Alaska 477, 101 F.Supp. 285 (D.Alaska 1951); *Newton v. Cupp,*3 Or.App. 434, 474 P.2d 532 (1970).

*832Absent an abuse of discretion, the decision of the reviewing court on a Crim.P. 35 motion will not be reversed. *Spann v. People,*193 Colo. 53, 561 P.2d 1268 (1977). Defendant’s allegations do not present a claim for relief under Crim.P. 35(c). Hence, the trial court did not abuse its discretion in denying defendant’s motion for reduction of sentence.

Order affirmed.

STERNBERG and KIRSHBAUM, JJ., concur.
[No. 14550-6-III.

Division Three.

July 25, 1996.]

#### The State of Washington, *Respondent,*v. Paul Eric Peterson, *Appellant.*

Appeal from a judgment of the Superior Court for Grant County, No. 94-1-00231-0, Evan E. Sperline, J., entered November 7, 1994. *Reversed*by unpublished opinion per Sweeney, C.J., concurred in by Schultheis, J., Munson, J., dissenting.
[Nos. 17415-4-II; 18750-7-II.

Division Two.

July 5, 1996.]

#### The State of Washington, *Respondent,*v. Cong Dahn Hu Tran, *Appellant.*

Appeals from judgments of the Superior Court for Thur-ston County, No. 92-1-01200-0, Christine A. Pomeroy, J., entered August 8, 1993. *Affirmed*by unpublished opinion per Seinfeld, C.J., concurred in by Munson and Bridgewa-ter, JJ.
#### BETHESDA MEMORIAL HOSPITAL, INC., and Bethesda Care, Petitioners, v. TRADITIONAL HOME HEALTH OF PALM BEACH, INC., d/b/a Community Home Health Care of Palm Beach, Respondent.

No. 4-86-3050.

District Court of Appeal of Florida, Fourth District.

Oct. 14, 1987.

Marjorie Gadarian Graham of Jones & Foster, P.A., West Palm Beach, for petitioners.

Philip J. Padovano, Tallahassee, for respondent.

PER CURIAM.

We grant the petition for writ of certio-rari only to the extent that we direct the trial court to limit disclosure of the two (2) documents in question to the respondent’s attorney, unless, upon a separate hearing conducted for that purpose, the respondent *798is able to demonstrate to the satisfaction of the trial court a need for disclosure of the documents to others that outweighs the right of the petitioners to protect the alleged trade secrets contained in the documents.

ANSTEAD, WALDEN and GUNTHER, JJ., concur.
Exhibit 31.1

SARBANES-OXLEY SECTION 302(a) CERTIFICATION

Principal Executive and Financial Officer

I, Kevin Moe, certify that:

1. 	I have reviewed this quarterly report ofAmeriprint International Ltd.;

2. 	Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3. 	Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4. 	The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) 	designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b) 	evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

c) 	disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

5. 	The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):

a) 	all deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and

b) 	any fraud, whether or not material, that involves management or other employees who have a role in the registrant's internal control over financial reporting.



|Date: September 14, 2005 | /s/ Kevin Moe                                              
|------------------------ | -----------------------------------------------------------
|                         | Kevin Moe                                                  
|                         | Principal Executive Officer and Principal Financial Officer



---
Exhibit 32.2

                    CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                         PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Annual Report on Form 10-K of RAMTRON INTERNATIONAL
CORPORATION for the year ended December 31, 2007, I, Eric A. Balzer,
Chief Financial Officer of RAMTRON INTERNATIONAL CORPORATION, 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 Annual Report on Form 10-K of RAMTRON INTERNATIONAL
         CORPORATION for the year ended December 31, 2007, 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 Annual Report on Form 10-K of
         RAMTRON INTERNATIONAL CORPORATION for the year ended
         December 31, 2007, fairly presents, in all material respects, the
         financial condition and results of operations of RAMTRON
         INTERNATIONAL CORPORATION as of the dates and for the periods
         expressed in the report.


/s/ Eric A. Balzer
-------------------
Eric A. Balzer
Chief Financial Officer
(Principal Accounting Officer and
Duly Authorized Officer of the
Registrant)

February 27, 2008

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

                                    Page-1
<PAGE>
[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Notices]
[Page 20646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8219]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Arthritis and Musculoskeletal and Skin 
Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Arthritis and 
Musculoskeletal and Skin Diseases Special Emphasis Panel, Program 
Project Grant Review.
    Date: April 25, 2012.
    Time: 3 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications and/or 
proposals.
    Place: National Institutes of Health, One Democracy Plaza, 6701 
Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call).
    Contact Person: Eric H. Brown, MS, Ph.D., Scientific Review 
Officer, Scientific Review Branch, National Institute of Arthritis, 
Musculoskeletal and Skin Diseases, National Institutes of Health, 
6701 Democracy Blvd., Room 824, Msc 4872, (301) 594-4955, 
<a href="/cdn-cgi/l/email-protection#82e0f0edf5ece7f0ebc2efe3ebeeacecebeaace5edf4"><span class="__cf_email__" data-cfemail="bcdeced3cbd2d9ced5fcd1ddd5d092d2d5d492dbd3ca">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.846, 
Arthritis, Musculoskeletal and Skin Diseases Research, National 
Institutes of Health, HHS)

    Dated: March 28, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2012-8219 Filed 4-4-12; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit 31.1
                     RULE 13a-14(a)/15d-14(a) CERTIFICATION

I, John C. Roman, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Naugatuck Valley
Financial Corporation;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

      a) designed such disclosure controls and procedures, or caused such
      disclosure controls and procedures to be designed under our supervision,
      to ensure that material information relating to the registrant, including
      its consolidated subsidiaries, is made known to us by others within those
      entities, particularly during the period in which this report is being
      prepared;

      b) evaluated the effectiveness of the registrant's disclosure controls and
      procedures and presented in this report our conclusions about the
      effectiveness of the disclosure controls and procedures, as of the end of
      the period covered by this report based on such evaluation; and

      c) disclosed in this report any change in the registrant's internal
      control over financial reporting that occurred during the registrant's
      most recent fiscal quarter that has materially affected, or is reasonably
      likely to materially affect, the registrant's internal control over
      financial reporting; and

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of registrant's board of directors
(or persons performing the equivalent function):

      a) all significant deficiencies and material weakness in the design or
      operation of internal control over financial reporting which are
      reasonably likely to adversely affect the registrant's ability to record,
      process, summarize and report financial information; and

      b) any fraud, whether or not material, that involves management or other
      employees who have a significant role in the registrant's internal control
      over financial reporting.

Date: August 12, 2005


By: /s/ John C. Roman
    -----------------
    President and Chief Executive Officer


                                       17
EXHIBIT
32.1





Section 1350
Certification


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


(Subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United
States Code)





Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of section 1350, chapter 63 of title 18, United States Code), each of
the undersigned officers of Symmetry Medical Inc., a Delaware corporation (the
“Corporation”), does hereby certify that:





The
Quarterly Report on Form 10-Q for the quarter and three months ended April
3, 2010 (the “Form 10-Q”) of the Corporation fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act
of 1934 and information contained in the Form 10-Q fairly presents, in all
material respects, the financial condition and results of operations of the
Corporation.





May 10,
2010


/s/
      Brian S. MooreBrian
      S. MooreChief
      Executive Officer/s/
      Fred L. HiteFred
      L. HiteChief
      Financial Officer
[No. 14666-9-III.

Division Three.

June 18, 1996.]

#### The State of Washington, *Respondent,*v. Terry Alan Friel, *Appellant.*

Appeal from a judgment of the Superior Court for Spokane County, No. 94-1-01074-4, Harold D. Clarke, J., entered January 13, 1995. *Affirmed*by unpublished opinion per Sweeney, C.J., concurred in by Munson and Thompson, JJ.
**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**





In
      connection with the Quarterly Report on Form 10-Q for the three months period
      ended June 30, 2007 of the Claymore MACROshares Oil Down Holding Trust (the
      " **Registrant** "),
      as
      filed with the Securities and Exchange Commission on the date hereof (the
      " **Quarterly**  **Report** "),
      I,
      Steven M. Hill, principal financial officer of MACRO Securities Depositor,
      LLC,
      which acts as the depositor for the Registrant (the " **Depositor** "),
      certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
      Sarbanes-Oxley Act of 2002, that:





1.
            The
                Quarterly 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 Quarterly Report fairly represents,
                in all
                material respects, the financial condition and result of operations
                of the
                Registrant.








Date:
      August 14, 2007


/s/ Steven
                  M. Hill
                
                Steven
                    M. Hill
                  On
                    behalf of the Registrant
                  and
                    as Chief Financial Officer
[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Page 20399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8059]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Notice of Interest Rate on Overdue Debts

    Section 30.18 of the Department of Health and Human Services' 
claims collection regulations (45 CFR part 30) provides that the 
Secretary shall charge an annual rate of interest, which is determined 
and fixed by the Secretary of the Treasury after considering private 
consumer rates of interest on the date that the Department of Health 
and Human Services becomes entitled to recovery. The rate cannot be 
lower than the Department of Treasury's current value of funds rate or 
the applicable rate determined from the ``Schedule of Certified 
Interest Rates with Range of Maturities'' unless the Secretary waives 
interest in whole or part, or a different rate is prescribed by 
statute, contract, or repayment agreement. The Secretary of the 
Treasury may revise this rate quarterly. The Department of Health and 
Human Services publishes this rate in the Federal Register.
    The current rate of 10 \1/2\%, as fixed by the Secretary of the 
Treasury, is certified for the quarter ended December 31, 2011. This 
interest rate is effective until the Secretary of the Treasury notifies 
the Department of Health and Human Services of any change.

    Dated: March 28, 2012.
Margie Yanchuk,
Director, Office of Financial Policy and Reporting.
[FR Doc. 2012-8059 Filed 4-3-12; 8:45 am]
BILLING CODE 4150-04-P
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





Pursuant to 18 U.S.C.
Section1350, the
undersigned, Lawrence Lee, Chief Financial Officer of Synutra International,
Inc. (the “Company”), hereby certifies, to his knowledge,
that the Company’s quarterly report on Form 10-Q for the
fiscal quarter endedSeptember30, 2009 (the “Report”) 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 Report fairly presents, in all material
respects, the financialcondition and results of operations of
the Company.




Date:November9, 2009
              /s/ Lawrence
      LeeName: Lawrence
      LeeTitle: Chief Financial Officer





A signed original of this written
statement required by Section 906 of the Sarbanes-Oxley Actof 2002 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.





The foregoing certification is being
furnished with the Company’s Report pursuant to 18 U.S.C. Section 1350. It is not being
filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and it is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless ofany general incorporation language in
such filing.
#### Ralph WINDOM v. SHEFFIELD ENTERPRISES, INC.

86-209.

Supreme Court of Alabama.

June 26, 1987.

Ralph Windom, pro se.

Stephen M. Gudac, Mobile, for appellee.

PER CURIAM.

In its order dismissing the plaintiff’s case, the trial court observed: “The reason I dismissed it was that the Supreme Court, in its opinion *[Windom v. Easley,*495 So.2d 46 (Ala.1986) ], held that Judge Byrd had ruled on the effectiveness of the amendment [to the subject restrictive covenant]. And it is my opinion that I am bound by the [Court’s] ruling and [that] the present action is barred by what is known as res judicata.”1

*238This order of dismissal is a misreading of our opinion in *Windom v. Easley.*We acknowledge that certain language in the last paragraph of that opinion may be confusing; but we were addressing the issue there presented in a prior claim in which the appellee Easley was the only named defendant. Indeed, as the appellee’s brief in *Windom v. Easley*pointed out: “[Judge Byrd] explained that Mr. Windom could file a new suit attacking the validity of the latest covenants, which Mr. Windom has done in Baldwin County Circuit Court case no. CV-85-500205.” In that new suit, Windom named as an additional defendant Sheffield Enterprises, Inc., the only appel-lee in the instant appeal.

In these circumstances, it is axiomatic that the plaintiff’s present claim against Sheffield is not barred by the principles of res judicata or by the law of the case doctrine.

REVERSED AND REMANDED.

JONES, ALMON, SHORES, ADAMS and STEAGALL, JJ., concur.

1

. We note that the circuit judge in the instant case is not the same circuit judge whose ruling was affirmed in *Windom*v. *Easley.*
[Nos. 14170-5-III; 14353-8-III.

Division Three.

August 15, 1996.]

#### Jean Keller, as *General Guardian, Appellant,*v. The City of Spokane, *Respondent.*

Appeals from judgments of the Superior Court for Spokane County, No. 92-2-02692-3, Michael E. Donohue, J., entered June 3, 1994 and September 9, 1994. *Affirmed in part, reversed in part*and *remanded*by unpublished opinion per Schultheis, J., concurred in by Sweeney, C.J., and Thompson, J.
**Exhibit 32.2**

 

**Certificationof Chief Financial Officer**

 

Pursuant to 18 U.S.C. § 1350, as created bySection 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer ofMPC Corporation (the “*Company*”)hereby certifies, to such officer’s knowledge, that:

 

(i) theaccompanying Quarterly Report on Form 10-Q of the Company for the quarterended June 30, 2008 (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

 

(ii) theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
|                  | /s/  Curtis Akey                                   |
|-----------------------|----------------------------------------------------|
| August 14,  2008 | Curtis  Akey                                       |
|                  | Vice  President & Chief Financial Officer |

 

----