alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 99.1


                             CERTIFICATION PURSUANT
                             TO 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 Protide Pharmaceuticals, Inc. (the
"Registrant") on Form 10-QSB for the period ended February 28, 2003 as filed
with the Securities and Exchange Commission on April 4, 2003, hereof (the
Report"), the undersigned officers 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 Registrant.

                                                   PROTIDE PHARMACEUTICALS, INC.

Date: April 4, 2003                                By: /s/ Milo R. Polovina
                                                       --------------------
                                                       Milo R. Polovina
                                                       Chairman of the Board,
                                                       President & CEO




                             CERTIFICATION PURSUANT
                             TO 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 Protide Pharmaceuticals, Inc. (the
"Registrant") on Form 10-QSB for the period ended February 28, 2003 as filed
with the Securities and Exchange Commission on April 4, 2003, hereof (the
Report"), the undersigned officers 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 Registrant.

                                               PROTIDE PHARMACEUTICALS, INC.

Date: April 4, 2003                            By: /s/ David E. Tess
                                                   -----------------
                                                   David E. Tess
                                                   Vice President Finance


                                       15
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this

opinion should not be published and is not precedent except under

the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 9, 2003

Charles R. Fulbruge III

Clerk

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 02-11082

Summary Calendar

IN THE MATTER OF: BILLY RAY DELP, JR. Debtor.

BILLY RAY DELP, JR; GERTRUDE DELP,

Appellants,

VERSUS

OAKVIEW LTD,

Appellee.

Appeal from the United States District Court

For the Northern District of Texas, Fort Worth

USDC No. 01-CV-736

Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Billy Ray Delp, Jr. and Gertrude Delp (hereinafter referred to

collectively as “the Delps”) appealed to this Court from the final

judgment entered by the United States District Court for the

Northern District of Texas on August 23, 2002, which affirmed an

order of the U.S. Bankruptcy Court entered on June 27, 2002, which
g:\OPIN-SC\02-11082.OPN.WPD 2

denied the Delps’ amended motion for re-reconsideration of the

judgment of the bankruptcy court entered on February 28, 2001. For

the reasons stated by the U.S. District Court in its “Order

Affirming Bankruptcy Court” entered under date of August 23, 2002,

we AFFIRM the final judgment of the District Court entered of even

date therewith. AFFIRMED.
#### Jonica Haamid PHILLIPS, Plaintiff-Appellant v. Tim KEITH; Virgil Lucas; Tommy Glover; Pamela Horn; Corrections Corporation of America; Winnfield Correctional Institution, Defendants-Appellees

No. 16-30974 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed August 22, 2017

Jónica Haamid Phillips, Pro Se

Ronald E. Corkern, Jr., Corkern, Crews, Guillet & Johnson, L.L.C., Natchitoches, LA, for Defendant-Appellee

Before SMITH, BENAVIDES, and GRAVES, Circuit Judges.

PER CURIAM:*

Jónica Haamid Phillips, Louisiana prisoner # 429550, appeals the summary judgment dismissal of his 42 U.S.C. § 1983 complaint against Pamela Horn. He alleged that Horn failed to protect him from an assault by another prisoner.

The district court did not err in granting Horn’s motion for summary judgment. *See Hyatt v. Thomas,*843 F.3d 172, 176 (5th Cir. 2016); Fed. R. Civ. P. 56(a). The summary judgment record did not demonstrate a strong likelihood that Phillips was in danger of physical harm and was therefore insufficient as a matter of law to support a finding that Horn was deliberately indifferent. *See Carnaby v. City of Houston,*636 F.3d 183, 187 (5th Cir. 2011); *Grissom v. Patterson,*Nos. 91-7137, 92-7244, 1993 WL 560256, 3 (5th Cir. Dec. 27, 1993) (unpublished but precedential under 5th Cir. R. 47.5.3).

The judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
#### UNITED STATES of America, Plaintiff-Appellee, v. Mack Edward HARRIS, Defendant-Appellant.

No. 15-30259

United States Court of Appeals, Ninth Circuit.

*607Submitted March 6, 2017 * Seattle, Washington

Filed March 08, 2017

Paulette Lynn Stewart, Assistant U.S. Attorney, USHE—Office of the US Attorney, Helena, MT, Leif Johnson, Tim Tatar-ka, Assistant U.S. Attorneys, Colin Michael Rubich, Office of the US Attorney, Billings, MT, for Plaintiff-Appellee

Lisa Jeannine Bazant, Attorney, Billings, MT, for Defendant-Appellant

Before: GRABER, IKUTA, and HURWITZ, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App, P. 34(a)(2),

MEMORANDUM **

Mack Edward Harris appeals his conviction on firearms charges, challenging the district court’s denial of his motion to suppress evidence obtained during a search of his residence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The district court properly concluded that probable cause and exigent circumstances justified the police officers’ war-rantless entry into the apartment. The officers heard Harris and Leanna Devad fighting; witnesses reported hearing choking sounds and hearing Devad say that Harris had a firearm in the apartment. Under these circumstances, (1) there was “a fair probability or substantial chance” that a domestic violence incident had occurred, and (2) a reasonable person would have believed that entry was necessary to prevent physical harm to Devad. *See United States v. Brooks,*367 F.3d 1128, 1134-35 (9th Cir. 2004).

The district court did not clearly err in concluding that Devad consented to the search of the apartment. Sergeant Curry’s testimony that Devad consented was supported by the recording of Devad saying “yes, yes” around the time that Sergeant Curry says he asked for her consent. Moreover, Devad’s credibility was undermined by inconsistencies between her testimony and her previous statements.

Finally, the district court did not clearly err in concluding that Devad voluntarily consented to the search. Devad was treated like a victim rather than a perpetrator, so there was no need to give her *Miranda*warnings. Nor was she threatened by being told that a search warrant could be obtained if she did not consent to the search. Although the officers’ guns were drawn initially, they were pointed at Harris, not at Devad. The totality of the circumstances supported a finding of volun-tariness. *See United States v. Patayan Soriano,*361 F.3d 494, 502 (9th Cir. 2004).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Ashley DUNN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-2202

District Court of Appeal of Florida, Fifth District.

Decision filed March 6, 2018 Rehearing Denied April 10, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Julio Marin RIOS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-3483

District Court of Appeal of Florida, Second District.

Opinion filed March 9, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
#### Kelvin J. MILES, Appellant v. Muriel BOWSER, et al., Appellees

No. 15-7051

September Term, 2016

United States Court of Appeals, District of Columbia Circuit.

Filed: 09/09/2016

*812BEFORE: Garland *, Chief Judge; Henderson, Rogers, Tatel, Brown, Griffith, Kavanaugh, Srinivasan, Millett, Pillard*, and Wilkins, Circuit Judges; Ginsburg, Senior Circuit Judge

*

 Chief Judge Garland and Circuit Judge Pillard did not participate in this matter.

ORDER

Per Curiam

Upon consideration of the petition for rehearing en banc, and the absence of a request by any member of the court for a vote, it is

ORDERED that the petition be denied.

FOR THE COURT:

Mark J. Langer, Clerk

BY:

Ken Meadows Deputy Clerk
Exhibit 23.6 

 

**CONSENT OF INDEPENDENT AUDITORS**

 

We consent to the incorporation by reference in the Registration Statements on Form S-8 No. 33-42259pertaining to the CytRx Corporation 1986 Stock Option Plan, No. 33-93816 pertaining to the CytRx Corporation 1994 Stock Option Plan, No. 33-93818 pertaining to the CytRx Corporation 1995 Stock Option Plan, No. 333-84657 pertaining to the CytRxCorporation 1998 Long Term Incentive Plan and No. 333-68200 pertaining to the CytRx Corporation 2000 Long Term Incentive Plan, No. 333-91068 and No. 333-93305 pertaining to the CytRx Corporation Employee Benefit Plan and to the RegistrationStatements on Form S-3 Nos. 33-93820, 333-39607, 333-44043, 333-48837, 333-45652, 333-33792, 333-68092, and 333-100947 of CytRx Corporation and in the related prospectuses of our report dated March 5, 2003, with respect to the financialstatements of Blizzard Genomics, Inc. included in the CytRx Corporation Annual Report (Form 10-K/A) for the year ended December 31, 2002. 

 

/s/    ERNST & YOUNG LLP 

 

Atlanta, Georgia 

May 2, 2003
<PAGE>   1
                                                                      EXHIBIT 15



August 12, 1999

Catalina Marketing Corporation
11300 9th Street North
St. Petersburg, Florida  33716

Catalina Marketing Corporation:

We are aware that Catalina Marketing Corporation has incorporated, by reference
in its Registration Statement File Nos. 33-46793, 33-77100, 33-82456, 333-07525
and 333-13335, its Form 10-Q for the quarter ended June 30, 1999, which
includes our report dated July 13, 1999, covering the unaudited interim
financial information contained therein. Pursuant to Regulation C of the
Securities Act of 1933 (the Act), that report is not considered a part of the
registration statement prepared or certified by our firm or a report prepared
or certified by our firm within the meaning of Sections 7 and 11 of the Act.

Very truly yours,

                                                   ARTHUR ANDERSEN LLP
Maurice E. CLIMES, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-5046

District Court of Appeal of Florida, Second District.

Opinion filed May 2, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-51224

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALEJANDRO CHAVEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-98-CR-913-2-DB

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

September 17, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Alejandro Chavez appeals his guilty-plea conviction for

importation of marijuana in violation of 21 U.S.C. §§ 952(a) and

960(a)(1). Chavez argues that the district court erred in using

a juvenile adjudication to increase his criminal history score

under § 4A1.2 of the United States Sentencing Guidelines. 

Chavez’ plea agreement contains a provision in which Chavez

waived his right to appeal his sentence unless the sentence was

the result of an upward departure. We have reviewed the record 
No. 98-51224

-2-

and conclude that the waiver was informed and voluntary and is

therefore binding on Chavez. See United States v. Portillo, 18

F.3d 290, 292 (5th Cir. 1994). Chavez’ argument that the

district court erred in increasing his criminal history score on

the basis of a juvenile adjudication under § 4A1.2 is barred by

the waiver-of-appeal provision. See Portillo, 18 F.3d at 292. 

As to the sentencing issue, the appeal is dismissed. See United

States v. Gaitan, 171 F.3d 222, 223 (5th Cir. 1999); 5th Cir. 

R. 42.2.

Chavez also argues that he received ineffective assistance

of counsel at the sentencing hearing because his counsel did not

request a downward departure on the basis that the technical

application of the Sentencing Guidelines overstated the

seriousness of his criminal history. To prove ineffective

assistance, Chavez must show both that his counsel’s performance

fell below an objective standard of reasonableness, and that, but

for counsel’s unprofessional errors, there is a reasonable

probability the result of the proceeding would have been

different. Strickland v. Washington, 466 U.S. 668, 687-688, 694

(1984). Regardless whether the assistance provided by Chavez’

trial counsel was deficient, Chavez’ claim must fail because he

has not met his burden to show prejudice. See United States v.

Flores-Ochoa, 139 F.3d 1022, 1024-1025 (5th Cir.), cert. denied,

118 S. Ct. 2383 (1998). As to the ineffective assistance of

counsel issue, the judgment of the district court is affirmed.

DISMISSED IN PART; AFFIRMED IN PART
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

HOWARD DEMETRIUS TUCKER,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 630 MAL 2017

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 6th day of February, 2018

, the Petition for Allowance of Appeal

is DENIED

.
**Exhibit 99.02**

 

**ZAMBACORPORATIONCERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICERPURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)**

 

Each of the undersigned, Norman D. Smith and MichaelH. Carrel, the Chief Executive Officer and the Chief Financial Officer,respectively, of Zamba Corporation (the “Company”), individually and notjointly has executed this Certification in connection with the filing with theSecurities and Exchange Commission of the Company’s Quarterly Report on Form10-Q for the three-month period ended March 31, 2003 (the “Report”).

 

Each of the undersigned hereby certifies that:

 

**•**                       the Report fully complies withthe requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

•                       theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

IN WITNESS WHEREOF, each of the undersigned hasexecuted this Certification as of the 14th day of May 2003.

 
|   | /s/ Norman D. Smith     |
|--------|-------------------------|
|   | Norman D. Smith         |
|   | Chief Executive Officer |
|   |                    |
|   | /s/ Michael H. Carrel   |
|   | Michael H. Carrel       |
|   | Chief Financial Officer |

 

----
EXHIBIT 32.2



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 Yak Communications Inc. (the Company)
Annual Report on Form 10-K for the year ended June 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gregory Stevens, principal financial 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, to the best of my knowledge:



| | (1). | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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: September 23, 2004 |  | By: |  | /s/ Gregory Stevens        
|                         |  |     |  | Gregory Stevnes            
|                         |  |     |  | Principal Financial Officer
LLANO FINANCING GROUP, LLC, Appellant(s)/Petitioner(s), v. Luis ROMAGUERA, etc., et al., Appellee(s)/Respondent(s),

CASE NO.: 3D17-1391

District Court of Appeal of Florida, Third District.

December 22, 2017

ORDERED that appellant's notice of voluntary dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
<PAGE>






                                                                   EXHIBIT  99.2


    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 Chronimed Inc (the "Company") on Form
10-Q for the period ended September 27, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Gregory H. Keane,
Chief Financial 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
to the best of my knowledge:


     1)  The Report fully complies with the requirements of section 13(a) or
         15(d) of the Securities Exchange Act of 1934; and

     2)  The information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.

November 6, 2002

                                              /s/ GREGORY H. KEANE
                                              ----------------------------------
                                              Gregory H. Keane
                                              Chief Financial Officer
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

###### National Institutes of Health

                    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.                          ( print page 7196)    

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Diabetes and Digestive and Kidney Diseases Initial Review Group; Diabetes, Endocrinology and Metabolic Diseases B Study Section.                    

*Date:*                         March 9-11, 2022.                    

*Time:*                         10:00 a.m. to 3:30 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Video Meeting).                    

*Contact Person:*                         Charlene J. Repique, Ph.D., Scientific Review Officer, Review Branch, DEA NIDDK, National Institutes of Health, Room 7347, 6707 Democracy Boulevard, Bethesda, MD 20892-5452, (301) 594-7791,                         *charlene.repique@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)

Dated: February 2, 2022. 

Miguelina Perez,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2022-02531 Filed 2-7-22; 8:45 am]

BILLING CODE 4140-01-P