alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 99.4

I, Emanuel Chirico, certify that:

1.	I have reviewed this quarterly report on Form 10-Q of Phillips-Van Heusen Corporation;

2.	Based on my knowledge, this quarterly 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 quarterly report;

3.	Based on my knowledge, the financial statements, and other financial information included in this quarterly 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 quarterly 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 quarterly 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 registrant's board of directors (or persons performing the equivalent
functions):

a)	all significant 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 significant role in the registrant's
internal control over financial reporting.



Dated:  September 15, 2003

| | /s/ Emanuel Chirico         
| | ----------------------------
| | Emanuel Chirico             
| | Executive Vice President and
| | Chief Financial Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

MOHAMMED JEWEL,

 Petitioner,

 v.

LORETTA E. LYNCH, Attorney General,

 Respondent.

No. 12-71832

Agency No. A070-947-513

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted August 1, 2016** 

Pasadena, California

Before: O’SCANNLAIN, RAWLINSON, and CALLAHAN, Circuit Judges.

Mohammad Jewel, a native and citizen of Bangladesh, petitions for review

of the BIA’s denial of his motion to reopen removal proceedings based on changed

country conditions. We have jurisdiction under 8 U.S.C. § 1252, and we deny the

petition.

FILED

AUG 03 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

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

without oral argument. See Fed. R. App. P. 34(a)(2).
Jewel first argues that the BIA did not give adequate weight to his

declarations, which were not sworn or otherwise made under penalty of perjury. 

The BIA did not abuse its discretion by giving Jewel’s declarations “minimal

evidentiary weight” because the BIA was not required to give any weight to

unsworn declarations. See 8 U.S.C. § 1229a(c)(7)(B) (“The motion to reopen . . .

shall be supported by affidavits or other evidentiary material.”); 8 C.F.R. §

1003.2(c)(1) (same); United States v. Vargas-Amaya, 389 F.3d 901, 905 (9th Cir.

2004) (“[A]ffidavits . . . are signed under oath . . . .”) (citing Affidavit, Black’s Law

Dictionary (7th ed. 1999) (defining “affidavit” as a “sworn” declaration of facts));

see also INS v. Jong Ha Wang, 450 U.S. 139, 142–43 (1981) (error to require a

hearing on a motion to reopen where “[n]one of the allegations was sworn”). 

Jewel next argues that the BIA mistakenly concluded that his claims of

changed circumstances were subject to a time limitation. The BIA’s referring to

the motion to reopen as “untimely” simply reflected the fact that the motion was

filed more than ninety days “after the date on which the final administrative

decision was rendered.” See 8 C.F.R. § 1003.2(c)(2). The BIA properly

considered whether Jewel had shown changed circumstances in Bangladesh. See 8

C.F.R. § 1003.2(c)(3)(ii). In concluding that Jewel failed to show materially

changed circumstances, the BIA did not abuse its discretion. 

2
DENIED.

3
<TABLE> <S> <C>


<ARTICLE>     5


<CAPTION>

Article 5 Fin. Data Schedule for 1st Qtr 10-Q

<S>                               <C>

<PERIOD-TYPE>                     3-MOS
<FISCAL-YEAR-END>                 DEC-31-2000
<PERIOD-START>                    JAN-01-2000
<PERIOD-END>                      MAR-31-2000
<CASH>                                     0
<SECURITIES>                               0
<RECEIVABLES>                              0
<ALLOWANCES>                               0
<INVENTORY>                                0
<CURRENT-ASSETS>                           0
<PP&E>                                     0
<DEPRECIATION>                             0
<TOTAL-ASSETS>                             0
<CURRENT-LIABILITIES>                 16,525
<BONDS>                                    0
<PREFERRED-MANDATORY>                      0
<PREFERRED>                                0
<COMMON>                                 734
<OTHER-SE>                             2,055
<TOTAL-LIABILITY-AND-EQUITY>               0
<SALES>                                    0
<TOTAL-REVENUES>                           0
<CGS>                                      0
<TOTAL-COSTS>                              0
<OTHER-EXPENSES>                       2,789
<LOSS-PROVISION>                    ( 19,314)
<INTEREST-EXPENSE>                         0
<INCOME-PRETAX>                            0
<INCOME-TAX>                               0
<INCOME-CONTINUING>                        0
<DISCONTINUED>                             0
<EXTRAORDINARY>                            0
<CHANGES>                                  0
<NET-INCOME>                         (19,314)
<EPS-BASIC>                           (.03)
<EPS-DILUTED>                           (.03)



</TABLE>
Exhibit 32.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO TITLE 18,
UNITED STATES CODE, SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, Anthony
  A. Lombardo, President, Chief Executive Officer and Director of E-Z-EM, Inc.
  (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
  of 2002, 18 U.S.C. Section 1350, that:1.
  the Annual Report on Form
  10-K of the Company for the fiscal year ended May 28, 2005 (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)); and2.
  the information contained
  in the Report fairly presents, in all material respects, the financial
  condition and results of operations of the Company.  Date:
    August
        11, 2005
    
    /s/
        Anthony A. LombardoAnthony
        A. Lombardo, President,Chief
        Executive Officer, Director -136-
Exhibit 31.2

Certifications pursuant to Securities and Exchange Act of 1934 Rule 13a-14 as
adopted pursuant to Section 302 of Sarbanes-Oxley Act of 2002:

      I, Gifford A. Dieterle, Chief Financial Officer of Capital Gold
Corporation (the "Registrant"), certify that:

1. I have reviewed this annual report on Form 10-KSB of the Company;

2. Based on my knowledge, this annual 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 annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual 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 annual report;

4. I am 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 I have:

a) designed such disclosure controls and procedures to ensure that material
information relating to the Registrant, including its consolidated subsidiaries,
is made known to me by others within those entities, particularly during the
period in which this annual report is being prepared;

b) evaluated the effectiveness of the Registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this annual
report (the Evaluation Date); and

c) presented in this annual report my conclusions about the effectiveness of the
disclosure controls and procedures based on my evaluation as of the Evaluation
Date;

5. I have disclosed, based on my most recent evaluation, 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 in the design or operation of internal controls
which could adversely affect the Registrant's ability to record, process,
summarize and report financial data and have identified for the Registrant's
auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the Registrant's internal controls; and

6. I have indicated in this annual report whether or not there were significant
changes in internal controls or in other factors that could significantly affect
internal controls subsequent to the date of my most recent evaluation, including
any corrective actions with regard to significant deficiencies and material
weaknesses.

Date: November 11, 2004

/s/ Gifford A. Dieterle
--------------------------
Gifford A. Dieterle
Chief Financial Officer


                                       1
## U NITED 

## S TATES 

## N AVY



## – M ARINE 

## C ORPS 

## C OURT OF 

## C RIMINAL 

## A PPEALS

_________________________
No

. 201 600240

_________________________ 

### UNITED STATES OF AMERICA

Appellee

v.


### JOSE E. MARTINEZ Aviation Support Equipment Technician Third Class (E

- 4), U.S. Navy

Appellant

_________________________ Appeal from the United States Navy

- Marine Corps Trial Judiciary

Military Judge: Captain Robert J. Crow, JAGC, USN

. For Appellant : Captain Sean M. Monks, USMC

. For Appellee: Brian K. Keller, Esq.

_________________________
Decided 29 September 2016

_________________________
Before CAMPBELL , RUGH and HUTCHISON

, Appellate Military Judges

_________________________ After careful consideration of the record, submitted without assignment of error, we affirm the findings and sentence as approved by the convening authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c).

For the Court

R.H. TROIDL
Clerk of Court
NO. 07-03-0005-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TE XAS

AT AMARILLO PANEL A APRIL 29, 2004

______________________________ ALBERTO GEORGE BARRON, APPELLANT

V. THE STATE OF TEXAS, APPELLE E

_________________________________ FROM THE 242ND DISTRICT COURT OF SWISH ER COUNTY; NO. B 366 4-0111; H ONORABLE ED SELF , JUDGE

_______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ. MEMORAND UM OPINION Appellant

Alberto George Barron filed a notice of appeal from his conviction in the 242nd District Court of Swisher County. The appeal was previously abated and remanded to the tri al court for furthe r proceed ings.-2-

Pursuantto the abatement and rema nd, a supplem ental cl erk’s record was f iled wi th this Court which contained an affidavit signed by appe llantindicating that he no longer wished to pursue this app eal. The appeal is dismissed. The appeal having been dismissed pursuant to appellant’s request, n o motion for rehea ring wil l be ente rtained. Mandate will is sue forthw ith. Phil Johnson Chief Justice Do not pu blish.
#### Bernard KAHN et al., Appellants, v. HIRSCH BROTHERS & COMPANY, Appellee.

Court of Appeals of Kentucky.

Oct. 21, 1955.

Fred B. Redwine, Louisville, for appellants.

Peter, Heyburn & Marshall, Gavin H. Cochran, Charles F. Wood, Louisville, for appellee.

PER CURIAM.

This is a motion for an appeal from a judgment dismissing appellant’s application for compensation for an alleged temporary partial disability for the period from November 20, 1950, to December 1, 1952, with *6%*interest. It is agreed the amount involved is less than $2,500. We believe the evidence failed to establish that appellant had an actual disability that entitled him to compensation.

The motion for an appeal is overruled and the judgment is affirmed.
**Exhibit32.1**

** **

**CERTIFICATION OF CHIEFEXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**

**PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

** **

I, John R. Cooper, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the QuarterlyReport of Avocent Corporation on Form 10-Q for the quarterly period ended March31, 2006 fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and that information contained in such Form10-Q fairly presents in all material respects the financial condition andresults of operations of Avocent Corporation.

 

Date:       May 10, 2006

 
|   | By:    | /s/ John R. Cooper      |   |
|--------|--------|-------------------------|--------|
|   | Name:  | John R. Cooper          |
|   | Title: | Chief Executive Officer |
|        |        |                         |        |  |

 

I, Edward H. Blankenship, certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that theQuarterly Report of Avocent Corporation on Form 10-Q for the quarterly periodended March 31, 2006 fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 and that information contained insuch Form 10-Q fairly presents in all material respects the financial conditionand results of operations of Avocent Corporation.

 

Date:       May 10, 2006

 
|   | By:                 | /s/ Edward H. Blankenship                                       |   |
|--------|---------------------|-----------------------------------------------------------------|--------|
|   | Name:               | Edward H. Blankenship                                           |
|   | Title:              | Senior Vice President of Finance, Chief Financial  Officer, and |
|   | Assistant Secretary |
|        |                     |                                                                 |        |  |

 

1

----
<PAGE>

                                                                     Exhibit 4.9

[LOGO] PSi TECHNOLOGIES HOLDINGS. INC.                             June 26, 2002

Mr. William J Meder
President and Chief Executive Officer
Firebird Consulting Group LLC
PO Box 28245,
Tempe, AZ 85285
USA

Dear Mr. Meder:

This letter sets out our agreement on the terms and conditions that will govern
your appointment as Director of PSi Technologies Holdings Inc. (PSIT), and PSi
Technologies Inc. (PSI), effective this date.

1.   You are hereby appointed as a Director in the Board of Directors of both
     PSIT and PSI, upon your election by the incumbent members of the said
     boards, in any of their regular or special board meetings.

2.   Your term as Director shall be consistent with the term of Directors as
     defined in the company's articles and by-laws.

3.   You shall be compensated with $1,500.00 (per diem) for every meeting of the
     Board that you attend.

4.   You shall continue to perform your services as Consultant for Strategy and
     Operations in accordance with the consultancy agreement that we signed with
     you dated August 9, 1999. As an amendment to said agreement, the company
     guarantees you a minimum of three (3) days of consultancy of work, in
     conjunction with each board meeting, in the following areas, among others:
     1) the company's M&A projects in China or in other overseas locations, 2)
     the formulation of the company's business strategies, 3) the conduct of
     performance reviews, and 4) the review of the company's manufacturing
     operations and package development initiatives. The company shall also pay
     for all of your travel and hotel expenses while performing your consultancy
     services.

5.   It is understood that you will continue to be covered by the
     confidentiality and non-disclosure provisions of the agreement mentioned
     above.

If you agree with all of the above terms and conditions, please indicate your
conforme by signing below.

<PAGE>

Very Truly Yours,

For PSi Technologies Holdings Inc., and
PSi Technologies Inc.:


/s/ Arthur J. Young, Jr.
-------------------------------------
Arthur J. Young, Jr.
Chairman and Chief Executive Officer
Date:
      -------------------------------

Conforme:


/s/ William J. Meder
-------------------------------------
William J. Meder
President and Chief Executive Officer
Firebird Consulting Group LLC
Date:
      -------------------------------
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AS OF, AND THE STATEMENT OF INCOME FOR THE PERIOD ENDED DECEMBER 31, 1998
INCLUDED IN REGISTRANT'S ANNUAL REPORT ON FORM 10-K FOR THE FISCAL YEAR ENDED
DECEMBER 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH BALANCE
SHEET AND STATEMENT OF INCOME AND THE NOTES THERETO.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                             435
<SECURITIES>                                         0
<RECEIVABLES>                                   12,412
<ALLOWANCES>                                       890
<INVENTORY>                                     37,246
<CURRENT-ASSETS>                                52,351
<PP&E>                                           3,904
<DEPRECIATION>                                   7,106
<TOTAL-ASSETS>                                  66,813
<CURRENT-LIABILITIES>                            9,414
<BONDS>                                         23,175
<PREFERRED-MANDATORY>                              237
<PREFERRED>                                          0
<COMMON>                                        19,640
<OTHER-SE>                                      14,191
<TOTAL-LIABILITY-AND-EQUITY>                    66,813
<SALES>                                        148,680
<TOTAL-REVENUES>                               148,680
<CGS>                                          124,452
<TOTAL-COSTS>                                  144,753
<OTHER-EXPENSES>                                 2,704
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,662
<INCOME-PRETAX>                                  1,053
<INCOME-TAX>                                       927
<INCOME-CONTINUING>                                126
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       126
<EPS-PRIMARY>                                      .02<F1>
<EPS-DILUTED>                                      .02
<FN>
<F1>FOR PURPOSES OF THIS EXHIBIT, PRIMARY MEANS BASIC.
</FN>
        

</TABLE>
I 

112TH CONGRESS 

1ST SESSION H. R. 1712 

To amend the Internal Revenue Code of 1986 to exempt sales of natural 

gas for use in natural gas vehicles from the retail sales limitation on 

defining independent producers of petroleum products. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2011 

Mr. CASSIDY (for himself, Mr. LANKFORD, Mr. YOUNG of Alaska, Mr. 

DENHAM, Mr. CRAWFORD, Mr. LANDRY, Mrs. LUMMIS, Mr. GARDNER, 

Mr. BOREN, Mr. THOMPSON of Pennsylvania, Mr. BILBRAY, Mr. SCHILLING, Mr. SULLIVAN, Mr. LUCAS, Mr. GUINTA, Mr. FLEMING, Mr. 

HUNTER, Mr. COLE, Mr. TERRY, Mr. FLORES, Mr. REHBERG, Mr. GRIFFIN of Arkansas, Mr. AUSTRIA, Mr. CHAFFETZ, Mr. OLSON, Mr. CRITZ, 

Mr. BOUSTANY, Mr. BURTON of Indiana, Mr. ALEXANDER, Mrs. 

BIGGERT, Mr. SCALISE, Ms. GRANGER, Mr. STUTZMAN, Mr. RICHMOND, 

and Mr. HARPER) introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to exempt 

sales of natural gas for use in natural gas vehicles from 

the retail sales limitation on defining independent producers of petroleum products. 

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


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2 

•HR 1712 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Job Creation and En3 ergy Security Act of 2011’’. 

4 SEC. 2. EXEMPTION OF SALES OF NATURAL GAS FOR USE 

5 IN MOTOR VEHICLES FROM THE RETAIL 

6 SALES LIMITATION ON DEFINITION OF INDE7 PENDENT PRODUCERS OF PETROLEUM 

8 PRODUCTS. 

9 (a) IN GENERAL.—Paragraph (2) of section 613A(d) 

10 of the Internal Revenue Code of 1986 is amended by add11 ing at the end the following new sentence: ‘‘Sales of nat12 ural gas, or any product derived from natural gas, for use 

13 in motor vehicles shall not be taken into account for pur14 poses of this paragraph.’’. 

15 (b) MOTOR VEHICLE.—Subsection (d) of section 

16 613A of such Code is amended by adding at the end the 

17 following new paragraph: 

18 ‘‘(6) MOTOR VEHICLE.—For purposes of para19 graph (2), the term ‘motor vehicle’ means any vehi20 cle which is manufactured primarily for use on pub21 lic streets, roads, and highways (not including a ve22 hicle operated exclusively on a rail or rails) and 

23 which has at least 4 wheels.’’. 


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3 

•HR 1712 IH

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

2 this section shall apply to sales after the date of the enact3 ment of this Act. 

Æ 


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