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  In connection with the Annual Report on Form 10-K of Merchants Bancshares, Inc. (the "Company") for the year ending December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael R. Tuttle, President and Chief Executive 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, 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 the results of operations of the Company.  Merchants Bancshares, Inc.By:/s/  Michael R. TuttleMichael R. TuttlePresident & Chief Executive OfficerMarch 16, 2009Date
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JEFFREY EUGENE CONNER,

 Defendant - Appellant.

No. 12-10073

D.C. No. 2:10-cr-00036-GEB

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Garland E. Burrell, Jr., District Judge, Presiding

Submitted February 11, 2013** 

Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.

Jeffrey Eugene Conner appeals from the district court’s judgment and

challenges the 92-month sentence imposed following his guilty-plea conviction for

distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1). We have

FILED

FEB 13 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-10073

jurisdiction under 28 U.S.C. § 1291, and we affirm.

Conner contends that the district court procedurally erred by failing to

consider or explain why it rejected his argument that the court should apply a 1:1

crack-to-powder cocaine ratio and impose the mandatory minimum sentence. 

Because Conner failed to object on this basis in the district court, we review for

plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.

2010), and find none. The record reflects that the court was aware of Conner’s

arguments and understood its discretion to vary from the advisory Guidelines on

policy grounds, but declined to do so in light of the 18 U.S.C. § 3553(a) sentencing

factors. The court did not procedurally err. See United States v. Carty, 520 F.3d

984, 992-93 (9th Cir. 2008) (en banc).

AFFIRMED.