alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jacob Behler v. Lewis A. Drury.

*Findings*— Conversion *by sheriff.*

'The assignment of error that there is no evidence to support the finding covers the whole group of facts found and is too hroad where the finding contains some unquestioned facts.

•Judgment in trover for conversion is sustained by a finding that defendant, in making levy as sheriff, upon wheat belonging to plaintiff’s father-in-law, had taken away part of a common mass and put the rest in another bin after being warned by plaintiff that he had wheat there which must not he taken.

*112Error to Gratiot. (Hart, J.)

June 7.

June 20.

Trover. Defendant brings error.

Affirmed.

*James K. Wright*and *L. T.*Wright'for appellant.

*C. J. Willett*and *C. W. Giddings*for appellee.

Graves, C. J.

This is a case of trover for twenty-six bushels of wheat, which was tried on appeal before the circuit judge without a jury, and decided in favor of the plaintiff. The wheat was taken by the defendant, as sheriff, on certain process against one Wilson, the plaintiff’s father-in-law.

It was lying in a bin in Wilson’s barn, along with a few bushels belonging to Wilson. There were three other bins, —one containing about 175 bushels, another about 10 bushels of poor red wheat, and still another which was empty. The plaintiff was about starting for a funeral'when the defendant called and made known his business, aDd the plaintiff told him he had wheat there and that he must not take that. The defendant suggested that the parties for-whom he was acting would have to be responsible, and he immediately went to the granary. When the plaintiff returned from the funeral he found about 45 bushels in the bin that was previously empty, but all the residue-gone except the parcel of poor red wheat. The bin in which the plaintiff had left his wheat was empty.

A demand was made subsequently of the defendant, and he virtually admitted the taking, but referred to those for whom he acted as the persons to be looked to.

The whole evidence is set out in the bill of exceptions. The charges of error are — 1st, that there is no evidence to support the finding; 2d, that the finding does not support the judgment; and 3d, that the conclusion of the circuit judge that there was a conversion was obtained by inference..

The first charge of error is too broad. It applies to the entire group of facts found, and not to any one in particular and there are some which the defendant does not pretend *113to question. But tbis is not very important, because neither of the facts is destitute of eyidenee. The second charge of error is not borne out. The finding is quite sufficient. The third objection has no force, either upon principle or in fact.

No error is shown, and the judgment must be affirmed with costs.

The other Justices concurred.
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-22-00457-CR

Douglas Wayne THOMAS,

Appellant

v.

The STATE of Texas,

Appellee

From the 186th Judicial District Court, Bexar County, Texas

Trial Court No. 2017CR13170

Honorable Jefferson Moore, Judge Presiding

BEFORE CHIEF JUSTICE MARTINEZ, JUSTICE ALVAREZ, AND JUSTICE WATKINS

In accordance with this court’s opinion of this date, we MODIFY the trial court’s judgment 

to delete the $1,000.00 fine. We AFFIRM the trial court’s judgment AS MODIFIED.

SIGNED March 22, 2023.

_____________________________

Rebeca C. Martinez, Chief Justice
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

1

IN THE MATTER OF: 1

i CASE No.

THE SEARCH AND SEIZURE 1

WARRANTS, APPLICATIONS, PEN j CHIEF MAGISTRATE JUDGE

REGISTERS, AND NON- \ ELIZABETH A. PRESTON-DEAVERS

DISCLOSURE ORDERS IN THE |

CASES LISTED IN ATTACHMENT |

A

FILED UNDER SEAL

ORDER TO UNSEAL

Upon the Motion ofthe United States Attorney and for good cause shown, it is

ORDERED that the Search and Seizure Warrants, Applications, Pen Registers, and NonDisclosure Orders and related documents in the cases listed in Attachment A in the above-entitled

matter, be unsealed.

Case: 2:18-mj-00010-CMV Doc #: 15 Filed: 01/29/20 Page: 1 of 2 PAGEID #: 54
ATTACHMENT A:

2:17-l\/lJ-434 2:18-MJ-007 2:18-MJ-756 2:19-MJ-001 2:19-MJ-471

2:17-MJ-585 2;18-MJ-8 2:18-MJ-840 2;19-MJ-45 2:19-MJ-481

2;17-MJ-586 2:18-MJ-9 2:19-MJ-121 2:19-MJ-498

2:17-MJ-587 2:18-MJ-10 2:19-MJ-122 2:19-MJ-510

2:17-MJ-588 2:18-MJ-17 2:19-MJ-127 2:19-MJ-512

2:17-MJ-589 2;18-MJ-51 2:19-MJ-153 2:19-MJ-527

2:17-MJ-617 2:18-MJ-61 2:19-MJ-174 2:19-MJ-528

2:17-MJ-644 2:18-MJ-92 2:19-MJ-175 2:19-MJ-553

2:17-MJ-676 2:lS-MJ-205 2:19-MJ -191 2:19-MJ-560

2:17-MJ-677 2:18-MJ-213 2:19-MJ-255 2;19-MJ-561

2:17-MJ-678 2:18-MJ-232 2:19-MJ-265 2:19-MJ-562

2:17-MJ-679 2:18-MJ-326 2:19-MJ-266 2;19-MJ-563

2:17-MJ-696 2;18-MJ-355 2:19-MJ-272 2:19-MJ-564

2:17-MJ-713 2:18-MJ-379 2:19-MJ-273 2:19-MJ-570

2;17-MJ-714 2:18-MJ-397 2:19-MJ-276

2;17-MJ-715 2:18-MJ-398 2:19-MJ-290

2;17-MJ-747 2:18-MJ-404 2:19-MJ-291

2;17-MJ-758 2:18-MJ-411 2:19-MJ-320

2;17-MJ-759 2:18-MJ-429 2:19-MJ-348

2:17-MJ-761 2:18-MJ-434 2:19-MJ-349

2:17-MJ-762 2:18-MJ-460 2:19-MJ-379

2:17-MJ-782 2:18-MJ-498 2:19-MJ-414

2:17-MJ-791 2:18-MJ-512

2:18-MJ-515

2:18-MJ-532

2:19-MJ-460

Case: 2:18-mj-00010-CMV Doc #: 15 Filed: 01/29/20 Page: 2 of 2 PAGEID #: 55
[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Notices]
[Page 2150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00619]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Combined Notice of Filings

    Take notice that the Commission has received the following Natural 
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP22-476-000.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Section 22 Adjustment to be 
effective 2/1/2022.
    Filed Date: 1/5/22.
    Accession Number: 20220105-5173.
    Comment Date: 5 p.m. ET 1/18/22.

    Docket Numbers: RP22-477-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Compliance filing: Rate Schedule S-2 OFO Flow Through 
Refund to be effective N/A.
    Filed Date: 1/7/22.
    Accession Number: 20220107-5028.
    Comment Date: 5 p.m. ET 1/19/22.

    Any person desiring to intervene or protest in any of the above 
proceedings must file in accordance with Rules 211 and 214 of the 
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 
p.m. Eastern time on the specified comment date. Protests may be 
considered, but intervention is necessary to become a party to the 
proceeding.
    The filings are accessible in the Commission's eLibrary system by 
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing 
requirements, interventions, protests, service, and qualifying 
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 
(toll free). For TTY, call (202) 502-8659.

    Dated: January 7, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-00619 Filed 1-12-22; 8:45 am]
BILLING CODE 6717-01-P
cc: Hon. Douglas Smith, District Judge Jermaine Brass Anthony Sgro, Esq. Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2

(0) 1947A
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 Quintek  Technologies,  Inc.
on Form 10-QSB for the period ending March 31, 2004 as filed with the Securities
and Exchange  Commission on the date hereof,  I, Robert Steele,  Chief Executive
Officer of the Company,  certify,  pursuant to 18 U.S.C.  ss.  1350,  as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

         1. The Report 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 result of  operations of the
Company.

Date:  May 20, 2004

                               /S/ ROBERT STEELE
                               -------------------------------
                               Robert Steele,
                               Chief Executive Officer
1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

Jerone McDougald,

Plaintiff,

v. Case No. 1:18cv080

Jeremy Eaches, et al., Judge Michael R. Barrett 

Defendants.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed 

by the Magistrate Judge on May 9, 2019 (Doc. 28). 

Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), 

including notice that the parties would waive further appeal if they failed to file 

objections to the Report and Recommendation in a timely manner. United States v. 

Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge=s R&R 

(Doc. 28) have been filed.

Accordingly, it is ORDERED that the R&R (Doc. 28) of the Magistrate Judge is 

hereby ADOPTED.1 Consistent with the recommendation by the Magistrate Judge,

Plaintiff’s Motion to for Leave to Amend (Doc. 18) is DENIED.

IT IS SO ORDERED.

s/ Michael R. Barrett 

Michael R. Barrett, Judge

United States District Court

 1 On page 2 of the R&R, the Magistrate Judge refers to discovery as having closed on March 1, 2017, an 

obvious typographical error. Discovery originally was set to close in this case on March 1, 2019 (Doc. 

19), with the Magistrate Judge later extending that date to May 9, 2019 (see Doc. 27).
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

CARL BERRY,

Plaintiff,

vs.

COMMISSIONER OF SOCIAL 

SECURITY, 

Defendant.

:

:

:

:

:

:

:

:

:

:

Case No. 1:18-cv-207

Judge Timothy S. Black

Magistrate Judge Stephanie K. 

Bowman

DECISION AND ENTRY

ADOPTING THE REPORT AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 28)

This case is before the Court pursuant to the Order of General Reference to United 

States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the 

Magistrate Judge reviewed the pleadings filed with this Court and, on May 14, 2020, 

submitted a Report and Recommendation. (Doc. 28). No objections were filed.

As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has 

reviewed the comprehensive findings of the Magistrate Judge and considered de novo all 

of the filings in this matter. Upon consideration of the foregoing, the Court finds that the 

Report and Recommendation should be and is hereby adopted in its entirety. 

Accordingly, for the reasons stated above:

1. The Report and Recommendation (Doc. 28) is ADOPTED; 

2. Plaintiff’s motion for an award of attorney fees (Doc. 24) is CONSTRUED

as if filed under 42 U.S.C. § 1383(d);

Case: 1:18-cv-00207-TSB-SKB Doc #: 30 Filed: 10/16/20 Page: 1 of 2 PAGEID #: 1381
2

3. Plaintiff’s motion for attorney fees (Doc. 24) is GRANTED in part and

DENIED in part;

4. Specifically, counsel is AWARDED a net fee of $4,538.02 for the reasons

set forth in the Report and Recommendation (Doc. 28);

1

and

5. This case shall remain CLOSED upon the docket of this Court.

IT IS SO ORDERED.

Date: 

Timothy S. Black

United States District Judge

1 Plaintiff’s counsel did not submit a copy of Plaintiff’s fee agreement in connection with the

motion for attorney fees. (Doc. 28 at 5 n.5, 15). Given this omission, the Magistrate Judge 

recommended that this Court condition counsel’s fee award on counsel’s submission of a copy of 

the fee agreement. (Id. at 15). Following the Magistrate Judge’s issuance of the Report and 

Recommendation, counsel submitted a copy of the fee agreement. (Doc. 29). As such, the Court 

concludes that the Magistrate Judge’s appropriate condition has been sufficiently satisfied, and 

that it is appropriate to award the fees recommended by the Magistrate Judge in the Report and 

Recommendation. (Doc. 28 at 15).

10/16/2020 s/Timothy S. Black

Case: 1:18-cv-00207-TSB-SKB Doc #: 30 Filed: 10/16/20 Page: 2 of 2 PAGEID #: 1382
EXHIBIT 23.1CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMWe consent to the incorporation by reference in the Registration Statements on Form S-3 (Nos.333-62724, 333-67424 and 333-105497) and Form S-8 (Nos. 333-88543, 333-95713, 333-35738,333-44768, 333-61218, 333-63900, 333-67730, 333-86324, 333-102771, 333-105498, 333-113856 and333-123377) of our reports dated March 15, 2006, relating to the consolidated financial statementsof Silicon Image, Inc. for the year ended December 31, 2005, and management’s report on theeffectiveness of internal control over financial reporting (which report expresses an adverseopinion on the effectiveness of the Company’s internal control over financial reporting because ofa material weakness), appearing in this Annual Report on Form 10-K of Silicon Image, Inc. for theyear ended December 31, 2005.\s\ DELOITTE & TOUCHE LLPSan Jose, California
FIL ED U.S. COURT OF APPEAL S EL EVENTHCI RCUI T J ULY 9, 2012 J OHN LEY CL ERK [DO NOT PUBLISH]
IN THE UN ITED STATES COURT OF APPEALS FOR THE ELE VENTH CIRCUIT

__ __ __ __ __ __ __ __ __ __ __ __ No. 1 0- 15 05 1 Non -Arg um en t Ca le nd ar

__ __ __ __ __ __ __ __ __ __ __ __ D.C. Dock etNo. 1 :1 0- cr-0 00 94 -J OF-LTW -1 UNITED STAT ES OF AMERIC A, Pl ai nt iff -Ap pe ll ee,
ve rs us MIC HAEL ROMEO ST. ROMAIN, Defen da nt -Ap pe ll an t.

__ __ __ __ __ __ __ __ __ __ __ __ __ App eal fro m

th e Uni te d S ta te s Di st ric t Co urt fo r th e North ernDis tri ctof Ge or gi a

__ __ __ __ __ __ __ __ __ __ __ __ _ (Jul y 9, 2 01 2) Befo re EDMONDSON, PRYOR an d F AY, Circ ui t J ud ge s. PER CURI AM: Mi ch ael Ro m eo St. Ro m ai n app eal s h is sen te nc e o f im pr is on m en t o f 57
m on th s af te r pl ead in g g ui lty

to on e co un t o f co ns pi racy to d efraudth e Uni te dSt at es by fili ng fal se in co m e ta x re tu rn s. 1 8 U.S.C. § 28 6. St . Rom ai n arg ue s tha t

hi s s en te nc e is un reas on ab le . W e aff irm. W e rev ie w th e rea so nabl en es s o f a s en te nc e und er a d efer en ti al st an da rdfor ab us e o f di sc ret io n. Gal l v . Uni te d S ta te s, 5 52 U.S. 38 , 41 , 12 8 S . Ct. 5 86 , 59 1 (2 00 7)
. St . Rom ai n’s s en te nc e is reas on ab le . The s en te nc e is m or e th ana y ear b el ow th e ap pl ic ab le gu id el in e ran ge of 7 0 t o 8 7 m on th s o f im pr is on m en t an d l es s tha n ha lf t he st atut ory

m ax im um sen te nc e o f 12 0 m on th s o f im pr is on m en t. The di stric t
co urt co ns id eredSt. Ro m ai n’s ar gu m en t ab ou t h is cri m in al hi st ory an d imm ig rat io n s ta tu s, b utth e d is tri ctco urt was en ti tl edto rejectSt. Ro m ai n’s re qu es t fo r a g reat er v ari an ce. The di stric t co urt d idno t ab us e it s d is cret io n. AFFIRMED.

2
Case: 1:18-mj-00139-KLL Doc #: 1 Filed: 03/01/18 Page: 1 of 2 PAGEID #: 1
Case: 1:18-mj-00139-KLL Doc #: 1 Filed: 03/01/18 Page: 2 of 2 PAGEID #: 2
|    |                                                                                                           |
|----|-----------------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment No. 1 to the Quarterly Report on Form 10-Q of Rackspace Hosting, Inc.; and |

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

|        |
|--------|
|        |  |  |  |  |  |
| Date:  | December 31, 2013 |   | By: |   | /s/ A. Lanham Napier |
|   |   |   |   |   | A. Lanham Napier |
|   |   |   |   |   | Chief Executive Officer,  President and Director |
|   |   |   |   |   | (Principal Executive Officer)  |
Exhibit 32.1

CERTIFICATION
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002(18 U.S.C. SECTION 1350)

In
connection  with  the  accompanying  Quarterly  Report  of Genta  Incorporated  (the
Company)  on Form 10-Q  for the year quarter ended March 31, 2005 (the  Report),
I,  Raymond  P.Warrell,  Chief  Executive  Officer 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)  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,
2005

|/s/ RAYMOND P. WARRELL, JR., M.D.
|---------------------------------
|Name:                            
|Title:                           

28

---
<PAGE>

                                                                    EXHIBIT 10.9

                      COMMUNICATION TECHNOLOGY ADVISORS LLC
                          18 CORPORATE WOODS BOULEVARD
                                   THIRD FLOOR
                             ALBANY, NEW YORK 12211
                    PHONE (518) 462-2632 O FAX (518) 462-3045

As of November 1, 2002

Globix Corporation
139 Centre Street

New York, New York 20191
Attention:   Peter K. Stevenson
             President and CEO

Dear Peter:

         Reference is made to the letter agreement dated April 19, 2002 (the
"Agreement") by and between Globix Corporation and CTA, pursuant to which Globix
has engaged CTA to act as a consultant to Globix. This letter shall set forth
the agreement of Globix and CTA to extend the Agreement for an additional
three-month period beginning on November 1, 2002 and ending on January 31, 2003.
Globix and CTA agree that, except as extended as set forth in this paragraph,
all other terms and conditions of the Agreement remain in full force and effect.

         If the foregoing comports with your understanding of the agreement
between Globix and CTA with respect to the subject matter hereof, kindly sign
this letter agreement in the space provided below and fax it back to me at
518-462-3045.

         CTA looks forward to our continued association with Globix.

Very truly yours,



Wayne Barr, Jr.
Senior Vice President and General Counsel

Accepted and agreed to as of this
1st day of November, 2002.

Globix Corporation

By:    /S/ PETER K. STEVENSON
       -----------------------
       Peter K. Stevenson
       President and CEO
Case: 1:17-cv-00168-TSB Doc #: 21-1 Filed: 06/09/17 Page: 1 of 6  PAGEID #: 296

Case: 1:17-cv-00168-TSB Doc #: 21-1 Filed: 06/09/17 Page: 2 of 6  PAGEID #: 297

Case: 1:17-cv-00168-TSB Doc #: 21-1 Filed: 06/09/17 Page: 3 of 6  PAGEID #: 298

Case: 1:17-cv-00168-TSB Doc #: 21-1 Filed: 06/09/17 Page: 4 of 6  PAGEID #: 299

Case: 1:17-cv-00168-TSB Doc #: 21-1 Filed: 06/09/17 Page: 5 of 6  PAGEID #: 300

Case: 1:17-cv-00168-TSB Doc #: 21-1 Filed: 06/09/17 Page: 6 of 6  PAGEID #: 301
----

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 Bellacasa Productions, Inc. (the "Company")  on Form 10-QSB for the quarter ending March 31, 2005 as filed with the Securities  and Exchange Commission on the date hereof (the "Report"), I,  Steven Preiss, President, 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 result of operations of the Company.

Date: July 1, 2005

| /s/ Steven Preiss                                                                                                                                                                             |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                                                                                                                    |
| Steven Preiss, President and Chief Executive Officer (Principal        Executive Officer) and Acting Chief Financial Officer (Principal Financial        Officer and Principal Accounting Officer) |
Case: 2:17-cv-01120-EAS-KAJ Doc #: 1-5 Filed: 12/20/17 Page: 1 of 8 PAGEID #: 50
Case: 2:17-cv-01120-EAS-KAJ Doc #: 1-5 Filed: 12/20/17 Page: 2 of 8 PAGEID #: 51
Case: 2:17-cv-01120-EAS-KAJ Doc #: 1-5 Filed: 12/20/17 Page: 3 of 8 PAGEID #: 52
Case: 2:17-cv-01120-EAS-KAJ Doc #: 1-5 Filed: 12/20/17 Page: 4 of 8 PAGEID #: 53
Case: 2:17-cv-01120-EAS-KAJ Doc #: 1-5 Filed: 12/20/17 Page: 5 of 8 PAGEID #: 54
Case: 2:17-cv-01120-EAS-KAJ Doc #: 1-5 Filed: 12/20/17 Page: 6 of 8 PAGEID #: 55
Case: 2:17-cv-01120-EAS-KAJ Doc #: 1-5 Filed: 12/20/17 Page: 7 of 8 PAGEID #: 56
Case: 2:17-cv-01120-EAS-KAJ Doc #: 1-5 Filed: 12/20/17 Page: 8 of 8 PAGEID #: 57
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 Form 10-Q/A of Microtune, Inc. (the
Company) for the quarter ended June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James A. Fontaine, Chief Executive Officer 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.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ JAMES A. FONTAINE

James A. Fontaine

Chief Executive Officer

Date: April 29, 2004