alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

Assigned on Briefs February 16, 2005

STATE OF TENNESSEE v. RONALD LYNN CHATMAN

Direct Appeal from the Circuit Court for Robertson County

No. 01-0494 Michael R. Jones, Judge

No. M2003-00806-CCA-R3-CD - Filed April 19, 2005

DAVID G. HAYES, J., separate concurring.

The majority concludes that application of enhancing factor (21), adjudication of a delinquent

act by a juvenile which would constitute a felony if committed by an adult, is inapplicable in this

case under the holding of Blakely. I respectfully disagree. The decision in Blakely v. Washington,

124 S. Ct. 2531, 2536-37 (2004), applied Apprendi, which recognized the Almendarez-Torres

holding permitting sentencing enhancement based upon a prior guilty plea, as opposed to the

necessity of a jury conviction, because guilty pleas are “entered pursuant to proceedings with

substantial procedural safeguards of their own.” Apprendi v. New Jersey, 120 S. Ct. 2348, 2361

(2000). Similarly, I find that juvenile adjudicationsin thisstate are entered pursuant to proceedings

with substantial procedural safeguards and constitutional protections of their own. A panel of this

court recently concluded that enhancement factor (21) is not implicated under Blakely. The panel

reasoned:

The constitutional protections of due process and a finding that the delinquent charge

has been proven beyond a reasonable doubt, as required by United States v.

Almendarez-Torres, 512 U.S. 224, 243, 118 S. Ct 1219, 1230 (1998), are integral to

an adjudication of delinquencyin this state. State v. Strickland, 532 S.W.2d 912, 921

(Tenn. 1975); Tenn. Code Ann. § 37-1-129(b) (2003); Tenn. R. Juv. P. 28(d)(2). 

State v. Cornelius Boales, No. W2003-02724-CCA-R3-CD (Tenn. Crim. App. at Jackson, Mar. 3,

2005).

The question, as I perceive it, is not whether a juvenile adjudication constitutes a criminal

conviction, but whether the adjudication process was afforded constitutional and procedural

safeguards. Subscribing to the view that these safeguards were afforded, Ifind enhancing factor (21)

applicable in this case. In all other respects, I concur.

____________________________________

David G. Hayes, Judge
-2-
Regulatory Evaluation

Docket No. FAA-20**-***** Directorate Identifier: 2014-NM-165-AD

If you make changes to the values in the table below, you must ensure the totals update accordingly. If 

they do not, click (or Tab) into and then out of the changed cell.

Estimated Costs:

Action

(e.g., Inspection, 

replacement)

Do not include oncondition costs here

Costs per Product (e.g., aircraft, engine, 

propeller, appliance)

Work-hours

(include 

access, testing, 

and close-up)

Labor 

cost 

(@$85/h

our)

Parts Cost Total Costs 

(labor + 

parts)

Number of 

U.S. 

Registered 

Products

Total Cost 

for U.S. Fleet

Removal 3.0 $ 255.00 $0 $ 255.00 82 $20,910.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

The known number of products in compliance:

Total Costs of compliance for U.S. fleet: $20,910

Costs covered under warranty (if known) $

On-Condition Costs:

Action

(e.g., Inspection, 

replacement)

Work-hours 

(include access, 

testing, and closeup)

Labor cost 

(@$85/hour)

Parts Cost Cost per Product

$ 0.00 $ 0.00

$ 0.00 $ 0.00

$ 0.00 $ 0.00

$ 0.00 $ 0.00

Special considerations for Economic Analysis (Use this field to explain anything in the Estimated Costs table 

that was assumed or might not be obvious. This field can also be used to explain warranty costs):
Executive Order 12866:

Could the AD be considered a “significant regulatory action”?

YES* NO 

*Explanation: 

DOT Regulatory Policies and Procedures:

Is the AD significant? 

YES* NO 

*Explanation: 

Regulatory Flexibility Act:

Will the AD have a significant economic impact on a substantial number of small entities? Explain for

either a Yes or No answer.

YES NO 

Explanation: 

Intrastate Aviation in Alaska:

This AD could affect intrastate aviation in Alaska. Is it appropriate to include specific requirements for 

aircraft operated in Alaska where aviation might be the only mode of transportation?

YES* NO 

*Explanation:
I 

114TH CONGRESS 

1ST SESSION H. R. 2752 

To amend the Internal Revenue Code of 1986 to extend and increase the 

exclusion for benefits provided to volunteer firefighters and emergency 

medical responders. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2015 

Mr. LARSON of Connecticut (for himself, Mr. REICHERT, Mr. COURTNEY, Ms. 

ESTY, Mr. HIMES, Ms. DELAURO, Mr. LANCE, Mr. KELLY of Pennsylvania, Mr. ISRAEL, Mr. KING of New York, Mr. PASCRELL, Mr. WALZ, 

Ms. PINGREE, Mr. THOMPSON of Pennsylvania, Mr. JOHNSON of Ohio, 

Mr. TONKO, Mr. ELLISON, Mr. RYAN of Ohio, Mr. HONDA, Mr. JOYCE, 

Ms. KAPTUR, Ms. KUSTER, Mr. GOODLATTE, Mr. BARLETTA, Mr. CARTER of Texas, Mr. LOEBSACK, and Mr. MICA) 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 extend 

and increase the exclusion for benefits provided to volunteer firefighters and emergency medical responders. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Volunteer Responder 

5 Incentive Protection Act of 2015’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 2752 IH

1 SEC. 2. BENEFITS PROVIDED TO VOLUNTEER FIRE2 FIGHTERS AND EMERGENCY MEDICAL RE3 SPONDERS. 

4 (a) INCREASE IN DOLLAR LIMITATION ON QUALI5 FIED PAYMENTS.—Subparagraph (B) of section 

6 139B(c)(2) of the Internal Revenue Code of 1986 is 

7 amended by striking ‘‘$30’’ and inserting ‘‘$50’’. 

8 (b) EXTENSION.—Subsection (d) of section 139B of 

9 the Internal Revenue Code of 1986 is amended by striking 

10 ‘‘beginning after December 31, 2010.’’ and inserting ‘‘be11 ginning— 

12 ‘‘(1) after December 31, 2010, and before Jan13 uary 1, 2016, or 

14 ‘‘(2) after December 31, 2018.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to taxable years beginning after 

17 December 31, 2014. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS
# C_2022438EN.01000301.xml

| 18.11.2022 | EN | Official Journal of the European Union | C 438/3 |
| --- | --- | --- | --- |

18.11.2022

EN

Official Journal of the European Union

C 438/3

---

Non-opposition to a notified concentration

(Case M.10916 – ALPHA / PENINSULA / PRIMA INDUSTRIE)

(Text with EEA relevance)

(2022/C 438/03)

On 28 October 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10916. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10916. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
# C_2022085EN.01000501.xml

| 22.2.2022 | EN | Official Journal of the European Union | C 85/5 |
| --- | --- | --- | --- |

22.2.2022

EN

Official Journal of the European Union

C 85/5

---

Special report No 4/2022

Investment funds: EU actions have not yet created a true single market benefiting investors

(2022/C 85/05)

The European Court of Auditors hereby informs you that special report No 4/2022 ‘Investment funds: EU actions have not yet created a true single market benefiting investors’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ Internet: http://eca.europa.eu.

---
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 Quarterly Report of ValCom, Inc. (the "Company") on Form
10-Q for the quarter ended  March  31,  2009  as  filed with the Securities and
Exchange Commission on the date hereof (the "Report"),  I,  Vincent Vellardita,
Chief  Executive  Officer and Chief Financial Officer of the Company,  certify,
pursuant to 18 U.S.C. section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully  complies  with the requirements of section 13(a) or 15(d)
of the Securities and 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.

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

May 20, 2009

By: /s/  Vince Vellardita
    ----------------------
    Vince Vellardita
    Chief Executive Officer,
    Chief Financial Officer
   (Principal Executive Officer and Principal Accounting Officer)
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED STATEMENTS OF EARNINGS AND CONSOLIDATED BALANCE SHEETS
FOR THE QUARTERLY PERIOD ENDED MARCH 31, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         391,087
<SECURITIES>                                 2,907,994
<RECEIVABLES>                                  601,841
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             4,044,886
<PP&E>                                         137,100
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               5,014,419
<CURRENT-LIABILITIES>                        2,826,924
<BONDS>                                        498,623
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           714
<OTHER-SE>                                   1,293,790
<TOTAL-LIABILITY-AND-EQUITY>                 5,014,419
<SALES>                                              0
<TOTAL-REVENUES>                             2,145,246
<CGS>                                                0
<TOTAL-COSTS>                                2,001,300
<OTHER-EXPENSES>                                 7,807
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,524
<INCOME-PRETAX>                                130,615
<INCOME-TAX>                                    50,971
<INCOME-CONTINUING>                             79,644
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    79,644
<EPS-BASIC>                                       1.27
<EPS-DILUTED>                                     1.23


</TABLE>
[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Notices]
[Page 76489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21187]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4759-DR; Docket ID FEMA-2024-0001]


Washington; Amendment No. 3 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Washington (FEMA-4759-DR), dated February 15, 2024, 
and related determinations.

DATES: This change occurred on July 16, 2024.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW, 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) hereby gives notice that pursuant to the authority vested in the 
Administrator, under Executive Order 12148, as amended, Tonia Pence, of 
FEMA is appointed to act as the Federal Coordinating Officer for this 
disaster.
    This action terminates the appointment of Lance E. Davis as Federal 
Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant; 97.048, Disaster Housing Assistance to Individuals and 
Households In Presidentially Declared Disaster Areas; 97.049, 
Presidentially Declared Disaster Assistance--Disaster Housing 
Operations for Individuals and Households; 97.050, Presidentially 
Declared Disaster Assistance to Individuals and Households--Other 
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially 
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2024-21187 Filed 9-17-24; 8:45 am]
BILLING CODE 9111-23-P
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6765
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ALFAYGO NIGHTENGALE, Defendant - Appellant.
Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., District Judge. (CR-98-17, CV-00-182) Submitted: July 25, 2002 Decided: August 2, 2002 Before WILKINS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Alfaygo Nightengale, Appellant Pro Se. Samuel Gerald Nazzaro, Jr., Assistant United States Attorney, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Alfaygo Nightengale seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2002). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Nightengale , Nos. CR-98-17; CV00-182 (N.D.W. Va. Feb. 20, 2002). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Exhibit 32.1

GUARDIAN TECHNOLOGIES INTERNATIONAL, INC. 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 Guardian Technologies International, Inc. (the "Company") on Form 10-K for the year ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael W. Trudnak, Chairman, Chief Executive Officer, and Secretary of 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:

(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 operations of the Company.







Date: May 16, 2006

Signed:   /s/Michael W. Trudnak

Name: Michael W. Trudnak

Title: Chief Executive Officer
Dismissed and Opinion Filed October 5, 2023 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-23-00932-CV 

DALLAS COUNTY COMMISSIONERS COURT, Appellant 

V. 

DALLAS COUNTY JUVENILE DEPARTMENT A/K/A DALLAS COUNTY 

JUVENILE PROBATE DEPARTMENT AND DARRYL BEATTY, IN HIS 

OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE DALLAS 

COUNTY JUVENILE DEPARTMENT, Appellees 

On Appeal from the 14th Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. DC-23-07024 

MEMORANDUM OPINION 

Before Justices Partida-Kipness, Reichek, and Breedlove 

Opinion by Justice Reichek 

Before the Court is appellant’s unopposed motion to dismiss this appeal 

because it was filed prematurely. We grant the motion and dismiss the appeal. See 

TEX. R. APP. P. 42.1(a)(1). 

230932F.P05 

/Amanda L. Reichek/

AMANDA L. REICHEK 

JUSTICE 
 –2– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

DALLAS COUNTY 

COMMISSIONERS COURT, 

Appellant 

No. 05-23-00932-CV V. 

DALLAS COUNTY JUVENILE 

DEPARTMENT A/K/A DALLAS 

COUNTY JUVENILE PROBATE 

DEPARTMENT AND DARRYL 

BEATTY, IN HIS OFFICIAL 

CAPACITY AS EXECUTIVE 

DIRECTOR OF THE DALLAS 

COUNTY JUVENILE 

DEPARTMENT, Appellees 

 On Appeal from the 14th Judicial 

District Court, Dallas County, Texas 

Trial Court Cause No. DC-23-07024. 

Opinion delivered by Justice 

Reichek. Justices Partida-Kipness 

and Breedlove participating. 

 In accordance with this Court’s opinion of this date, the appeal is 

DISMISSED. 

 It is ORDERED that appellees DALLAS COUNTY JUVENILE 

DEPARTMENT A/K/A DALLAS COUNTY JUVENILE PROBATE 

DEPARTMENT AND DARRYL BEATTY, IN HIS OFFICIAL CAPACITY AS 

EXECUTIVE DIRECTOR OF THE DALLAS COUNTY JUVENILE 

DEPARTMENT recover their costs of this appeal from appellant DALLAS 

COUNTY COMMISSIONERS COURT. 

Judgment entered October 5, 2023
Gardella, Anthon,l

From:

Sent:

To:

Cc:

Subject:

Attachments:

Luis R. Sierra Torres < LuisSierra@jca.pr.gov>

Tuesday, November 10, 2015 7:50 AM

Gardella, Anthony

Aponte, John; Mangels, Karl

RE: PR EQB's State plan for sewage sludge incinerators

removed.txt

Ted,

Bellow you will find a table that compare PRASAPuerto Nuevo 2008 Sludge Incinerator stack test results with

the Sludge Incinerators Emission Guidelines Limits. Note that from the 2008 stack test results mercury exceeded

the EG limit.

2008 Stack Sludge EG

Pollutant Test Results Emission Limit Units

PM 3.17 18.00 mg/dscm

NOX 42.24 150.00 ppmdv

S02 2.29 15.00 ppmdv

CO 3.52 64.00 ppmdv

HCL 0.14 0.51 ppm

Hg 0.26 0.04 mg/dscm

Cd 0.00014 0.00160 mg/dscm

Pb 0.0064 0.0074 mg/dscm

D/F Not Available 1.2 Nanogram/dscm

Luis R. Sierra

Chief, Inspection and Compliance Division

Air Quality Area

Puerto Rico Environmental Quality Board

Phone: (787) 767-8181 x.3237

10 ='~-==-=~=l

From: Gardella, Anthony [mailto:Gardella.Anthony@epa.gov]

Sent: Monday, November 09,20155:05 PM

To: Luis R. Sierra Torres <LuisSierra@jca.pr.gov>

Cc: Aponte, John <Aponte.John@epa.gov>; Mangels, Karl <Mangels.Karl@epa.gov>

Subject: RE: PR EQB's State plan for sewage sludge incinerators

Luis,

1
Order entered July 11, 2014

In The 

## Court of Appeals **Fifth District of Texas at Dallas**

No. 05-14-00339-CV

IN RE RAMON C. HILL, SOVEREIGN ELECTRONICS, INC., AND SOVEREIGN SECURITY SYSTEMS, INC., Relators

Original Proceeding from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-01308-2008



### ORDER

Before the Court is relators’ unopposed motion to withdraw or dismiss their petition for

writ of mandamus. We GRANT the motion and DISMISS relators’ petition for writ of

mandamus. We ORDER that relators bear the costs of this original proceeding.

/s/ KERRY P. FITZGERALD JUSTICE
Exhibit 31.1
**CERTIFICATION**
I, Frederick D. Sancilio, certify that:
1. I have reviewed this quarterly report on Form 10-Q/A for thequarter ended June 30, 2003 of aaiPharma Inc. (the “registrant”); 2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presented inthis report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:
a. Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities,particularly during the period in which this report is beingprepared; b. Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this reportbased on such evaluation; and c. Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s fiscal quarter being reported (the registrant’sfourth fiscal quarter in the case of an annual report) that hasmaterially 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 financialreporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunctions):
a. All significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and reportfinancial information; and b. Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal control over financial reporting.   Date:June 24, 2004 /s/ Frederick D. Sancilio Dr. Frederick D. Sancilio Executive Chairman and Chief Executive Officer