alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# SPAR Group, Inc.

# Certification of Chief
Financial Officer Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002

In connection with the quarterly
report on Form 10-Q for the three month period ended June 30, 2006 (this
report), of SPAR Group, Inc. (the registrant), the undersigned
hereby certifies that, to his 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 registrant.

| |                                                 
| | ------------------------------------------------
| | /s/ Charles Cimitile                            
| |                                                 
| | Charles Cimitile                                
| | Chief Financial Officer, Treasurer and Secretary
| |                                                 
| | August 14, 2006                                 

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

Ex-4
United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

July 28, 2006

Before

Hon. JOHN L. COFFEY, Circuit Judge

Hon. FRANK H. EASTERBROOK, Circuit Judge

Hon. TERRENCE T. EVANS, Circuit Judge

No. 05-1210

United States of America, Appeal from the United States

Plaintiff-Appellee, District Court for the Northern District of

Illinois, Eastern Division. 

v.

No. 04 CR 31

Edward Birk,

Defendants-Appellees. Amy St. Eve,

Judge.

O R D E R

The slip opinion issued in the above-entitled cause on July 11, 2006, is amended as

follows:

Page 1: The sentence: “On appeal, Birk argues that he was denied a fair trial and

due process of law when the government’s witness testified that Birk had a “very violent

and extensive” criminal background and that he was denied the effective assistance of

counsel when his trial attorney failed to object to this testimony.”; is hereby amended to

read as follows: 

“On appeal, Birk argues that he was denied a fair trial and due process of law when the

government’s witness testified that Birk had a “very violent and extensive” criminal

background.”; 

Page 8: Part II. Issues, which reads: “On appeal, Birk argues that he was denied a
Page 2

fair trial and due process of law when the government's witness informed the jury that

Birk had a “very violent and extensive” criminal background, that he was denied the

effective assistance of counsel based on his trial attorney's failure to object to the

testimony of the government witness that Birk had a “very violent and extensive”

criminal background, and that the district court erred in imposing a two level

enhancement on Birk's base offense level under U.S.S.G. § 2K2.1(b)(1)(A) upon finding

that the offense and relevant conduct included Birk's involvement with four firearms.”; is

hereby amended to read as follows: 

“On appeal, Birk argues that he was denied a fair trial and due process of law when the

government's witness informed the jury that Birk had a “very violent and extensive”

criminal background and that the district court erred in imposing a two level enhancement

on Birk's base offense level under U.S.S.G. § 2K2.1(b)(1)(A) upon finding that the

offense and relevant conduct included Birk's involvement with four firearms.”;

Page 11-12: Part III.B. of the opinion entitled “Ineffective Assistance of Counsel”

is redacted in its entirety; and 

Page 12: Part III.C. of the opinion entitled “Sentence Enhancements” is amended

to read “B. Sentence Enhancements.”
**Exhibit
      13**


**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 Commtouch Software Ltd. (the "Company")
      on
      Form 20-F for the period ended December 31, 2007 as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), we, Gideon Mantel
      and
      Ron Ela, Chief Executive Officer and Chief Financial Officer of the Company,
      respectively, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002, that, to our
      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.





/s/Gideon
                Mantel
            
            /s/Ron
                ElaGideon
                Mantel
            
            Ron
                ElaChief
                Executive Officer
            
            Chief
                Financial OfficerMarch
                31, 2008
            
            March
                31, 2008
First Amendment to Exclusive Manufacturing Agreement by and between NSA, Inc.



 Exhibit 10.36 
 FIRST AMENDMENT TO 
 EXCLUSIVE MANUFACTURING AGREEMENT 

This First Amendment (“Amendment”) to the Exclusive Manufacturing Agreement by and among Natural Alternatives
International Europe LTD./SA/Ag, a Swiss corporation (“NAIE”), Natural Alternatives International, Inc., a Delaware corporation (“NAI”), and NSA, Inc., a Tennessee corporation (“NSA”), dated as of April 1, 2005
(“Agreement”), is made and entered into effective as of April 1, 2012 (“Effective Date”). Unless otherwise defined herein, capitalized terms shall have the meanings given them in the Agreement. 

1. Section 12 of the Agreement is hereby replaced in its entirety with the following: 

12. Term. Subject to Section 14 of this Agreement, the term of this Agreement shall commence on
the date first written hereinabove and shall expire at the end of the business day occurring nine (9) years thereafter. 
 2. Section 14 of the Agreement is hereby amended to add the following: 
 (e) Three (3) Month Notice. Any party may terminate this Agreement at any time upon three (3) months’ prior written notice to the other parties. 

3. Section 29 of the Agreement is hereby amended to replace the notice information pertaining to Fisher
Thurber LLP with the following: 
 K&L Gates LLP 

3580 Carmel Mountain Road, Suite 200 

San Diego, CA 92130 
 Attn: David A. Fisher, Esq. 
 4. Notwithstanding the provisions of
Section 38 of the Agreement, NSA hereby acknowledges and agrees that Seller may file this Amendment with the United States Securities and Exchange Commission (SEC) and describe the terms of this Amendment in Seller’s filings with
the SEC as required by applicable law and this shall constitute NSA’s consent thereto. 
 5. Except as set
forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 
 6. This
Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute one instrument. Delivery by facsimile or other electronic means of an
executed counterpart hereof shall have the same force and effect as delivery of an originally executed counterpart hereof. 

[Signatures on following page.] 







 IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the
Effective Date. 
  

	
	NAIE
	
	Natural Alternatives International Europe S.A,
a Swiss corporation
	
	 /s/    Mark A.
LeDoux        

	Mark A. LeDoux, Chairman
	
	NAI
	
	Natural Alternatives International, Inc.,
a Delaware corporation
	
	 /s/    Mark A.
LeDoux        

	Mark A. LeDoux, Chief Executive Officer

  

			
	NSA
	
	NSA, Inc.,
a Tennessee corporation
		
	By:	 	 /s/ G.O. Giles

	Printed Name:	 	 G. O. Giles

	Title:	 	 VP
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 Ariba, Inc. (the Company) on Form 10-K/A for the year ending September 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), Robert M. Calderoni, as Chief Executive Officer of the Company, and James W. Frankola, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18
U.S.C. § 1350, as adopted pursuant to § 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.
|--- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



/s/    ROBERT M. CALDERONIRobert M. Calderoni President and Chief Executive Officer




January 5, 2004



/s/    JAMES W. FRANKOLAJames W. Frankola Executive Vice President and Chief Financial Officer




January 5, 2004
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

JEFFREY AUSTIN

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 20

- 2172

[ July 22, 2021 ]

Appeal of order denying rule 3.800 motion from the Circuit Court for

the Fifteenth Judicial Circuit, Palm Beach County ; Rosemarie Scher

, Judge; L.T. Case No. 501991CF006388BXXX

.

Jeffery Austin, Punta Gorda, pro se.

Ashley Moody, Attorney General, Tallahassee, and Melynda L. Melear,

Assistant Att orney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

G ROSS

, K LINGENSMITH

, and K UNTZ

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
**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**





The
      undersigned, Peter Mateja, Chief Executive Officer and Director, of Smart Energy
      Solutions, Inc., Inc. (the “Company”) and Edward Braniff, Chief Financial
      Officer of the Company, certify, under the standards set forth and solely for
      the purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that, to their knowledge, the Annual Report on
      Form
      10-KSB/A of the Company for the year ended December 31, 2006 fully complies
      with
      the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
      1934 and information contained in that Form 10-KSB/A fairly presents, in all
      material respects, the financial condition and results of operations of the
      Company.




Dated:
      March 31, 2008




/s/
              Peter
              MatejaPeter
                    Mateja
                  Chief
                    Executive Officer and Director
                  (Principal
                    Executive Officer)




/s/
              Edward
              BraniffEdward
                  Braniff
                Chief
                  Financial Officer
                (Principal
                  Financial Officer)




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.
#### UNITED STATES of America, Plaintiff-Appellee v. Melisa ZUNIGA, Defendant-Appellant

No. 16-11593 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed May 16, 2017

Melisa Zuniga, Pro Se

Before HIGGINBOTHAM, PRADO, and HIGGINSON, Circuit Judges.

PER CURIAM: *

Melisa-Zuniga, federal prisoner # 47145-177, appeals the district court’s denial of her 18 U.S.C. § 3582(c)(2) motion to reduce her sentence based on Amendment 794 of the Guidelines. She argues that the amendment is a clarifying amendment and should be applied retroactively.

*343This court reviews de novo whether a district court has authority to reduce a sentence under § 3582(c)(2). *United States v. Jones,*596 F.3d 273, 276 (5th Cir. 2010). Section 3582(c)(2) applies only to retroactive guidelines amendments as set forth in U.S.S.G. § lBl.lO(d). *See Dillon v. United States,*560 U.S. 817, 826, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010). Amendment 794 is not listed in U.S.S.G. § lB1.10(d) as an amendment for which a sentence reduction under § 3582(c)(2) may be granted. *See*§ lB1.10(d). Therefore, the district court did not err in determining that it did not have the authority to reduce Zuniga’s sentence based on Amendment 794. *See Jones,*596 F.3d at 276; *United States v. Doublin,*572 F.3d 235, 237 (5th Cir. 2009).

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.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001004990
<NAME> N/A
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               DEC-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                         100,117
<SECURITIES>                                         0
<RECEIVABLES>                                   54,691
<ALLOWANCES>                                     9,881
<INVENTORY>                                     15,734
<CURRENT-ASSETS>                               164,257
<PP&E>                                          30,262
<DEPRECIATION>                                  14,533
<TOTAL-ASSETS>                                 278,584
<CURRENT-LIABILITIES>                           34,058
<BONDS>                                         11,909
<COMMON>                                           169
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     231,974
<TOTAL-LIABILITY-AND-EQUITY>                   278,584
<SALES>                                        102,365
<TOTAL-REVENUES>                               102,365
<CGS>                                           76,146
<TOTAL-COSTS>                                   76,146
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   337
<INTEREST-EXPENSE>                                 582
<INCOME-PRETAX>                                  8,523
<INCOME-TAX>                                     3,724
<INCOME-CONTINUING>                              4,799
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,799
<EPS-PRIMARY>                                      .32
<EPS-DILUTED>                                      .32
        

</TABLE>
**EXHIBIT 32.2**

 

**CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**

**OF GASCO ENERGY, INC. UNDER SECTION 906**

** OF THE SARBANES OXLEY ACT OF 2002, 18 U.S.C. § 1350**

 

I, Peggy A. Herald, Vice President and Chief Accounting Officer of Gasco Energy, Inc. (the “Company”), hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes Oxley Act of 2002, that the accompanying report on Form 10-K/A, Amendment No. 1, for the period ending December 31, 2010 and filed with the Securities and Exchange Commission on the date hereof pursuant to Section 13(a) of the Securities Exchange Act of 1934 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934.

 

I further certify that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

|   |   | /s/   Peggy A. Herald |
|--------|--------|-----------------------|
|   |   | Name:                 | Peggy   A. Herald |
|   |   | Title:                | Vice   President and Chief Accounting Officer |
|   |   | Date:                 | April 29,   2011 |

 

----
#### Beverly DIGGS, Plaintiff-Appellant, v. Elaine C. DUKE, Acting Secretary of U.S. Department of Homeland Security, Defendant-Appellee.

No. 17-1531

United States Court of Appeals, Fourth Circuit.

Submitted: August 24, 2017

Decided: August 28, 2017

Beverly Diggs, Appellant Pro Se. Rebecca Ann Koch, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Before GREGORY, Chief Judge, and SHEDD and DIAZ, Circuit Judges.

*645Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Beverly Diggs appeals the district court’s order dismissing her employment discrimination complaint. On appeal, we confíne our review to the issues raised in the Appellant’s brief. *See*4th Cir. R. 34(b). Because Diggs’s informal brief does not challenge the basis for the district court’s disposition, Diggs has forfeited appellate review of the court’s order. *See Williams v. Giant Food Inc.,*370 F.3d 423, 430 n.4 (4th Cir. 2004). Accordingly, we affirm the district court’s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED*
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

The undersigned, Kenneth A. Shewer, hereby
certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Quarterly Report on Form 10-Q of Futures Strategic Trust for the period July 1, 2009 to September 30, 2009, as filed with the Securities and Exchange
Commission on the date hereof (the Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                                    
|--------------------- |  | -----------------------------------
|/s/ Kenneth A. Shewer
|Name:                 |  | Kenneth A. Shewer                  
|Title:                |  | Co-Chief Executive Officer         
|                      |  | (Principal Executive Officer)      
|                      |  | Kenmar Preferred Investments Corp.,
|                      |  | Managing Owner of                  
|                      |  | Futures Strategic Trust            
|                      | 
|Date:                 |  | November 12, 2009
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

YAO RICHARD SOSSOU, 

Petitioner,

v.  No. 03-1241

JOHN ASHCROFT, Attorney General,

Respondent. 

On Petition for Review of an Order

of the Board of Immigration Appeals.

(A76-924-742)

Submitted: September 8, 2003

Decided: November 19, 2003

Before TRAXLER and KING, Circuit Judges, and

HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

COUNSEL

Edwin K. Fogam, Silver Spring, Maryland, for Petitioner. Peter D.

Keisler, Assistant Attorney General, David M. McConnell, Deputy

Director, Office of Immigration Litigation, UNITED STATES

DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 
OPINION

PER CURIAM: 

Yao Richard Sossou, a native and citizen of Togo, petitions for

review from an order of the Board of Immigration Appeals. We have

reviewed the record provided by the parties and the decision of the

Board. 

Sossou challenges the negative credibility findings made by the

immigration judge and affirmed by the Board. We have reviewed the

immigration judge’s credibility determination and find it to be supported by specific, cogent reasoning and therefore entitled to substantial deference. Figeroa v. INS, 886 F.2d 76, 78 (4th Cir. 1989). We

hold that the Board’s conclusion that Sossou failed to establish eligibility for asylum is not manifestly contrary to the law or an abuse of

discretion. 8 U.S.C. § 1254(b)(4)(D) (2000).

The standard for receiving withholding of removal is "more stringent than that for asylum eligibility." Chen v. INS, 195 F.3d 198, 205

(4th Cir. 1999). An applicant for withholding must demonstrate a

clear probability of persecution. INS v. Cardoza-Fonseca, 480 U.S.

421, 430 (1987). As Sossou failed to establish entitlement to asylum,

he cannot satisfy the higher standard for withholding of removal. 

We accordingly deny the petition for review. We dispense with

oral argument because the facts and legal arguments are adequately

presented in the materials before the court and argument would not

aid the decisional process. 

PETITION DENIED

2 SOSSOU v. ASHCROFT