alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 99



CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS
ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 1350, Chapter 63 of Title 18, United
States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned President & Chief Executive Officer and Chief Financial Officer of the Company, certifies, that to their knowledge:



| | 1) |  | the Companys Form 10-QSB for the quarterly period ended March 29, 2003 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 Companys Form 10-QSB for the quarterly period ended March 29, 2003 fairly presents, in all material respects, the financial
condition and results of operations of the Company.
| | -- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|/s/    CARL H. GUILD,
JR.           |  | /s/    MICHAEL P. MALONE
|----------------------------------- |  | ------------------------
|Carl H. Guild, Jr.                  |  | Michael P. Malone       
|President & Chief Executive Officer |  | Chief Financial Officer 
|                                   
|Date: May 12, 2003                  |  | Date: May 12, 2003
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Tandycrafts,
Inc. March 31, 1999 Form 10-Q and is qualified in its entirety by
reference to such Form 10-Q filing.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           1,365
<SECURITIES>                                         0
<RECEIVABLES>                                   25,808
<ALLOWANCES>                                     2,947
<INVENTORY>                                     37,144
<CURRENT-ASSETS>                                67,766
<PP&E>                                          55,056
<DEPRECIATION>                                  29,086
<TOTAL-ASSETS>                                 131,128
<CURRENT-LIABILITIES>                           27,047
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        18,528
<OTHER-SE>                                      55,231
<TOTAL-LIABILITY-AND-EQUITY>                   131,128
<SALES>                                        154,171
<TOTAL-REVENUES>                               154,171
<CGS>                                          110,328
<TOTAL-COSTS>                                  162,137
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 8,145
<INTEREST-EXPENSE>                               1,600
<INCOME-PRETAX>                               (17,711)
<INCOME-TAX>                                   (4,623)
<INCOME-CONTINUING>                           (13,088)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (13,088)
<EPS-PRIMARY>                                   (1.07)
<EPS-DILUTED>                                   (1.07)
        

</TABLE>
#### Ex parte HOOVER.

No. 12397.

Court of Civil Appeals of Texas. San Antonio.

Jan. 9, 1952.

See, also, 245 S.W.2d 966.

Fred H. Woodard, Corpus Christi, for appellant.

John Young, County Atty., Corpus Christi, for appellee.

PER CURIAM.

Annie McGuire Hoover has filed in this court an original petition for writ of habeas corpus claiming that she is illegally restrained of her liberty by John B. Harney, Sheriff of Nueces County, Texas, acting under an order issued by Hon. Paul A. Martineau, Judge of the 28th District Court, holding her in contempt of court.

The contempt proceedings did not arise out of a case in which the appellate jurisdiction of this court was sought to be invoked. Under the constitution, the original jurisdiction of the Courts of Civil Appeals is prescribed by law, that is, by Legislative enactments. Article 5, § 6, Constitution of Texas, Vernon’s Ann.St. Article 1823, Vernon’s Ann.Civ.Stats., provides that: “Said courts (of civil appeals) and the judges thereof may issue writs of mandamus * * * to enforce the jurisdiction of said courts.”

Article 1824, Vernon’s Ann.Civ.Stats., while relating to our jurisdiction to issue original writs, has no application to the case here presented. Obviously, the granting of the writ applied for would not aid in the enforcement of the jurisdiction of this court, and it necessarily follows that we are wholly without authority to consider the petition.

The original jurisdiction conferred upon the Supreme Court by the constitution and statutes is much broader than that conferred upon the Courts of Civil Appeals. Adams v. Mitchell, Tex.Civ.App., 86 S.W.2d 884. Article 1737, Vernon’s Ann.Civ.Stats., reads as follows: “Habeas corpus — The Supreme Court or any of the Justices thereof, either in term time or in vacation, may issue writs of habeas corpus in any case where any person is restrained in his liberty by virtue of any order, process or commitment issued by any court or judge on account of the violation of any order, judgment or decree theretofore made, rendered or entered by such court or judge in any civil cause. Said Court or any Justice thereof, either in term time or in vacation, pending the hearing of application for such writ, may admit to bail any person to whom *558the writ of habeas corpus may be so granted.”

Being without jurisdiction, the petition will be dismissed. Wetz v. Thompson, 26 Tex.Civ.App. 396, 63 S.W. 1050; Yantis v. McCallum, Tex.Civ.App., 121 S.W.2d 610; Harney v. Wood, Tex.Civ.App., 160 S.W.2d 315; 11 Tex.Jur. 910, Courts, § 131.

The petition for writ of habeas corpus is dismissed for want of jurisdiction.
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000095779
<NAME>                        SWANK, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                    DEC-31-1997
<PERIOD-START>                       JAN-01-1996
<PERIOD-END>                         SEP-30-1996
<CASH>                             924
<SECURITIES>                         0
<RECEIVABLES>                   22,497
<ALLOWANCES>                    (6,491)
<INVENTORY>                     27,561
<CURRENT-ASSETS>                48,116
<PP&E>                          24,168
<DEPRECIATION>                 (17,234)
<TOTAL-ASSETS>                  58,414
<CURRENT-LIABILITIES>           34,659
<BONDS>                              0
<PREFERRED-MANDATORY>                0
<PREFERRED>                          0
<COMMON>                         1,684
<OTHER-SE>                      16,514
<TOTAL-LIABILITY-AND-EQUITY>    58,414
<SALES>                         91,587
<TOTAL-REVENUES>                91,587
<CGS>                           54,148
<TOTAL-COSTS>                   54,148
<OTHER-EXPENSES>                     0
<LOSS-PROVISION>                     0
<INTEREST-EXPENSE>               1,437
<INCOME-PRETAX>                 (2,535)
<INCOME-TAX>                      (634)
<INCOME-CONTINUING>             (1,901)
<DISCONTINUED>                       0
<EXTRAORDINARY>                      0
<CHANGES>                            0
<NET-INCOME>                    (1,901)
<EPS-PRIMARY>                     (.12)
<EPS-DILUTED>                     (.12)
        


</TABLE>
United States Court of Appeals 

for the Fifth Circuit ____________ 

No. 22-20340 

Summary Calendar 

____________ 

United States of America, 

Plaintiff—Appellee, 

versus

Troy Fabian Heflin, 

Defendant—Appellant.

______________________________ 

Appeal from the United States District Court 

for the Southern District of Texas 

USDC No. 4:21-CR-269-1 

______________________________ 

Before Jones, Haynes, and Oldham, Circuit Judges.

Per Curiam:*

Troy Fabian Heflin appeals the 41-month sentence imposed following 

his guilty plea conviction for unlawful possession of a firearm as a convicted 

felon. Heflin argues that the district court erred in applying a two-level 

reckless endangerment enhancement pursuant to U.S.S.G. § 3C1.2 because 

his reckless conduct was not the result of attempting to flee from the 

_____________________ 

*

 This opinion is not designated for publication. See 5th Cir. R. 47.5. 

United States Court of Appeals 

Fifth Circuit 

FILED 

April 21, 2023 

Lyle W. Cayce 

Clerk 

Case: 22-20340 Document: 00516721146 Page: 1 Date Filed: 04/21/2023
No. 22-20340 

2 

consequences of the offense of conviction. He also argues that his conduct 

was not reckless. 

Heflin preserved his challenge to the reckless endangerment 

enhancement in the district court; accordingly, we review the district court’s 

interpretation of the Guidelines de novo and its factual findings for clear 

error. See United States v. Deckert, 993 F.3d 399, 401 (5th Cir. 2021). There 

is no clear error when the district court’s findings are plausible in light of the 

entire record. United States v. Torres-Magana, 938 F.3d 213, 216 (5th Cir. 

2019). 

Citing United States v. Southerland, 405 F.3d 263, 268 (5th Cir. 2005), 

Heflin argues that the § 3C1.2 enhancement was not applicable because the 

evidence reveals that he fled from law enforcement officials because he knew 

he had warrants, not because of the offense of conviction. He further asserts 

that his conduct did not create a serious risk of bodily injury and that the 

record is ambiguous as to whether he knew the police were pulling him over. 

We have held that a substantial risk of serious injury is created when police 

officers are led on a high-speed chase. United States v. Lee, 989 F.2d 180, 183 

(5th Cir. 1993). Nothing in the record suggests that Heflin was unaware that 

police were attempting to pull him over. See United States v. Gould, 529 F.3d 

274, 276 (5th Cir. 2008). Further, since the chase took place while Heflin 

was illegally in possession of a firearm, a sufficient nexus exists between his 

flight and the offense of conviction. See Southerland, 405 F.3d at 268. The 

district court’s conclusion that the § 3C1.2 enhancement was applicable 

given the facts of this case was not clear error. See Torres-Magana, 938 F.3d

at 216. Accordingly, the judgment of the district court is AFFIRMED. 

Case: 22-20340 Document: 00516721146 Page: 2 Date Filed: 04/21/2023
EX-10.47



 




Exhibit 10.47




U-STORE-IT TRUST




Schedule of 2006 Bonus Structure for Named Executive Officers




     Fiscal year 2006 bonuses for the chief executive officer and three other most highly
compensated executive officers (together, the “Named Executive Officers”) of U-Store-It Trust (the
“Company”), are to be awarded based on a combination of corporate and individual performance. The
Company will utilize the following allocations between corporate and individual performance:



	 	 	 	 	 
	Named Executive Officer	 	Allocation
	 	 	Corporate	 	Individual
	Robert J. Amsdell

Chairman of the Board and Chief

Executive Officer
	 	80%	 	20%
	 
	 	 	 	 
	Steven G. Osgood

President and Chief Financial 

Officer
	 	80%	 	20%
	 
	 	 	 	 
	Todd C. Amsdell

Chief Operating Officer
	 	80%	 	20%
	 
	 	 	 	 
	Tedd D. Towsley

Vice President and Treasurer
	 	50%	 	50%







     The Compensation Committee and/or the Company’s chief executive officer can use objective
metrics to measure the individual performance of the Named Executive Officer. Such metrics are to
be formulated based on the goals and expectations of the individual.



     The Compensation Committee set various objective Company goals in terms of achievement of
funds from operations goals and acquisitions growth with certain weightings attributable to
achievement of these goals. The Committee then established various criteria for achieving
“threshold,” “target,” “maximum” and “superior” performance in relation to these goals.



     Under
this structure, the amount of the Named Executive Officer’s
bonuses may range from 40% to 150% of 2006 salary (50% to 250% of 2006
salary in the case of the Company’s chief executive officer).
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 of AXT, Inc. (the "Company") on Form 10-K for the year ending
December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:



Date: March 31, 2009

By:

/s/ WILSON W. CHEUNGWilson W. Cheung Chief Financial Officer and Corporate Secretary
(Principal Executive Officer and Principal Financial Officer)


---



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__ __ __ __ __ __ __ __ __ __ __ __ __ __ __

The Hon or ab le J. Leo n Ho lm es , Uni te d Stat es Dis tri ctJu dg e fo r th e Eas te rn 1 Dis tri ctof Ark an sa s. -2

-
----

| 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. |
|----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  | August 5, 2008 |   | /s/ Ronald H. Braam          |
|--------|----------------|--------|------------------------------|
|   |           |   | Ronald      H. Braam         |
|   |           |   | Chief      Executive Officer |

----

| 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. |
|----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  | August 5, 2008 |   | /s/ Gregory M. Bowie         |
|--------|----------------|--------|------------------------------|
|   |           |   | Gregory      M. Bowie        |
|   |           |   | Chief      Financial Officer |

----
[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Notices]
[Page 63891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27398]


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

DEPARTMENT OF LABOR

Office of the Secretary


Advisory Committee on Veterans' Employment and Training; Notice 
of Renewal

    In accordance with the provisions of the Federal Advisory Committee 
Act and Office of Management and Budget Circular A-63--of March 1974, 
and after consultation with GSA, the Secretary of Labor has determined 
that the renewal of the Advisory Committee on Veterans' Employment and 
Training is in the public interest in connection with the performance 
of duties imposed on the Department by section 4110 of title 38, United 
States Code.
    The Advisory Committee on Veterans' Employment and Training shall: 
Assess the employment and training needs of veterans; determine the 
extent to which the programs and activities of the Department of Labor 
are meeting such needs; carry out such other activities that are 
necessary to make the recommendations required by law and, at such 
times as the Committee may determine, report to the Secretary of Labor 
on the employment and training needs of veterans.
    The Committee shall consist of at least 12, but not more than 18, 
individuals appointed by the Secretary of Labor to serve as members of 
the Advisory Committee, consisting of: representatives nominated by 
veterans' organizations that are chartered by Federal law and have a 
national employment program, and not more than 6 individuals who are 
recognized authorities in the fields of business, employment, training, 
rehabilitation, or labor and who are not employees of the Department of 
Labor.
    The Advisory Committee will report to the Assistant Secretary for 
Veterans' Employment and Training. It will function solely as an 
advisory body and in compliance with the provisions of the Federal 
Advisory Committee Act, and its charter will be filed under the Act.
    For further information contact Ms. Polin Cohanne, Chief of Staff, 
Office of the Assistant Secretary for Veterans' Employment and 
Training, U.S. Department of Labor 200 Constitution Avenue, N.W., 
Washington, D.C. 20210, telephone (202) 693-4741.

    Signed at Washington, D.C., this 19th day of October, 2000.
Alexis M. Herman,
Secretary of Labor.
[FR Doc. 00-27398 Filed 10-24-00; 8:45 am]
BILLING CODE 4510-79-M
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Office of the Secretary

                    Section 30.13 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 as fixed by the Secretary of the Treasury after taking into consideration private consumer rates of interest prevailing on the date that HHS becomes entitled to recovery. The rate generally 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.” This rate may be revised quarterly by the Secretary of the Treasury and shall be published quarterly by the Department of Health and Human Services in the                     **Federal Register**                    .                

                    The Secretary of the Treasury has certified a rate of 13                    7/8                    % for the quarter ended September 30, 2000. This interest rate will remain in effect until such time as the Secretary of the Treasury notifies HHS of any change.                

      ( print page 63592)    
Dated: October 17, 2000.

George Strader,

Deputy Assistant Secretary, Finance.

[FR Doc. 00-27192  Filed 10-23-00; 8:45 am]

BILLING CODE 4150-04-M