alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.1
 CERTIFICATE 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 (the “Report”) on the Form 10-K of Regency Resources, Inc. (the “Company”) for the year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof, I, Jane C. H. Brooke, Chief Executive Officer, President and Director, 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 and belief:
 
 1. The Quarterly Report fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities and Exchange Act of 1934, as amended; and
 
 2. The information contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
 
 
 Date:  March 8, 2011
 
 
 JANE C.H. BROOKE
 Jane C. H. Brooke
 Chief Executive Officer,
 President and Director
 
 
 
 -1-
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-4002

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TEVIN LASHAUN COX,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at 

Greensboro. William L. Osteen, Jr., District Judge. (1:15-cr-00323-WO-3)

Submitted: July 16, 2018 Decided: July 26, 2018

Before KING and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Mark E. Edwards, EDWARDS & TRENKLE, PLLC, Durham, North Carolina, for 

Appellant. Terry Michael Meinecke, Assistant United States Attorney, OFFICE OF THE 

UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

In accordance with a written plea agreement, Tevin Lashaun Cox pled guilty to 

conspiracy to distribute cocaine base, 21 U.S.C. §§ 846, 841(b)(1)(C) (2012), and was 

sentenced to 151 months in prison. Cox appeals. His attorney has filed a brief in 

accordance with Anders v. California, 386 U.S. 738 (1967), questioning whether the 

district court erred when it did not impose a sentence below Cox’s Guidelines range but 

stating that there are no meritorious issues for appeal. Cox was advised of his right to file 

a pro se brief but has not filed such a brief. We affirm.

The district court properly calculated Cox’s Guidelines range, considered the 18 

U.S.C. § 3553(a) (2012) sentencing factors and the arguments of the parties, and 

provided a sufficiently individualized assessment based on the facts of the case. In 

imposing sentence, the court remarked on the seriousness of the offense, which involved 

multiple sales of crack cocaine, as well as Cox’s gang affiliation. While Cox argues that 

the court should have imposed a sentence below the Guidelines range, we note that the 

court stated that the sentence, which was at the bottom of Cox’s Guidelines range of 151-

188 months, was sufficient but not greater than necessary and that a lower sentence 

would not be appropriate. Cox’s within-Guidelines sentence is presumptively reasonable, 

and Cox failed to rebut the presumption. See Gall v. United States, 552 U.S. 38, 51 

(2007); United States v. Carter, 564 F.3d 325, 330 (4th Cir. 2009). 

Pursuant to Anders, we have reviewed the entire record and have found no 

meritorious issues for appeal. Accordingly, we affirm Cox’s conviction and sentence. 

This court requires that counsel inform Cox, in writing, of the right to petition the 
3

Supreme Court of the United States for further review. If Cox requests that a petition be 

filed, but counsel believes that such a petition would be frivolous, then counsel may 

move in this court for leave to withdraw from representation. Counsel’s motion must 

state that a copy thereof was served on Cox. 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
#### Antonia BELTRAN, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Beverlee A. MYERS, et al., Defendants-Appellees.

No. 79-3246.

United States Court of Appeals, Ninth Circuit.

June 25, 1981.

Before WRIGHT and ANDERSON, Circuit Judges, and SOLOMON,* District Judge.

*

 The Honorable Gus J.' Solomon, Senior United States District Judge for the District of Oregon, sitting by designation.

In *Beltran v.*Myers, - U.S. -, 101 S.Ct. 1961, 68 L.Ed.2d 495 (1981), the Supreme Court vacated our decision in *Dawson*v. *Myers,*622 F.2d 1304 (9th Cir. 1980), and remanded the case to this court for further consideration in light of the passage of Public Law No. 96-611, 94 Stat. 3567 (1980), wherein Congress *inter alia*authorized the use of a “transfer of assets” rule in determining Medicaid eligibility.

Because the potential application of P.L. 96-611 would appear to raise additional factual matters and considerations not yet briefed or argued by the parties, we feel it appropriate to remand this case to the district court with instructions to determine the import of the statutory change on the rights of the parties and to make such modifications in its original judgment as are necessary.

Accordingly, the case is REMANDED to the district court for further proceedings consistent with this order.
#### David B. TURNER, Jr., Plaintiff-Appellant, v. MADSON, Captain at GBDF; Farris, Sergeant at GBDF, Defendants-Appellees.

No. 16-55444

United States Court of Appeals, Ninth Circuit.

Submitted April 11, 2017 *

Filed April 21, 2017

David B. Turner, Jr., Pro Se

Melissa M. Holmes, Senior Deputy, Office of County Counsel, San Diego, CA, for Defendants-Appellees

*541Before: GOULD, CLIFTON, 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 **

David B. Turner, Jr. appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging claims regarding his conditions of confinement and medical treatment while he was housed in a detention facility. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, *Guatay Christian Fellowship v. County of San Diego,*670 F.3d 957, 970 (9th Cir. 2011). We affirm.

The district court properly granted summary judgment because Turner failed to raise a genuine dispute of material fact as to whether defendants were deliberately indifferent to Turner’s health. *See Farmer v. Brennan,*511 U.S. 825, 833, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (while prison officials must ensure that inmates receive clothing and medical care, prison officials must know of and disregard an excessive risk to inmate health to violate the Eighth Amendment).

To the extent that Turner contends the district court erred in denying Turner’s motions for default judgment, the district court did not abuse its discretion because the clerk never entered a default, and defendants were never in default. *See Eitel v. McCool,*782 F.2d 1470, 1471-72 (9th Cir. 1986) (standard of review).

We reject as without merit Turner’s contention that defendants’ answer contradicted statements in their declarations, that the district court had a conflict of interest, and that Turner was harmed as a result of the district court changing the dates of the settlement conference.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway

Alton Thomas Davis, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

December 20, 2010 

s1213 

Order 

 

December 20, 2010 

141671 

GRIEVANCE ADMINISTRATOR, 

Petitioner-Appellee, 

v SC: 141671 

 ADB: 08-000022-AI; 

08-000085-JC; 

08-000140-GA 

FREDERICK M. TOCA, JR., 

Respondent-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal is considered, and it is 

DENIED, because we are not persuaded that the questions presented should be reviewed 

by this Court.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE QUARTER ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS
ENTIRETY AS REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
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<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
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<CASH>                                           2,138
<SECURITIES>                                         0
<RECEIVABLES>                                    8,244
<ALLOWANCES>                                   (2,022)
<INVENTORY>                                        804
<CURRENT-ASSETS>                                 9,800
<PP&E>                                          11,277
<DEPRECIATION>                                 (6,782)
<TOTAL-ASSETS>                                  14,295
<CURRENT-LIABILITIES>                            6,363
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             8
<OTHER-SE>                                       6,603
<TOTAL-LIABILITY-AND-EQUITY>                    14,295
<SALES>                                          6,737
<TOTAL-REVENUES>                                 6,737
<CGS>                                            3,665
<TOTAL-COSTS>                                    2,831
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    260
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                260
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       260
<EPS-PRIMARY>                                     0.03
<EPS-DILUTED>                                     0.03
        

</TABLE>
**EXHIBIT32.1**

 

**CERTIFICATIONPURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

** **

Pursuantto, and solely for the purposes of, 18 U.S.C. Section 1350 (Section 906of the Sarbanes-Oxley Act of 2002), each of the undersigned hereby certifies inthe capacity and on the date indicated below that:

 

1.                                      TheAnnual Report of Rafaella Apparel Group, Inc. on Form 10-K for theperiod ending June 30, 2009 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”) fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

2.                                      Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of Rafaella Apparel Group, Inc.

 

 
| October 13, 2009  | By:    | /s/ Christa Michalaros                                                                       |
|------------------------|--------|----------------------------------------------------------------------------------------------|
|                   |   | Christa Michalaros                                                                           |
|                   |   | Chief Executive Officer  and Director                                                        |
|                   |   | (Principal Executive  Officer)                                                               |
|                   |   |                                                                                         |
| October 13,  2009 | By:    | /s/  Lance D. Arneson                                                                        |
|                   |   | Lance  D. Arneson                                                                            |
|                   |   | Vice-President  of Finance, Principal Accounting Officer and Interim Chief Financial Officer |
|                   |   | (Principal  Financial and Accounting Officer)                                                |

 

----
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan



### April 24, 2007 Clifford W. Taylor, Chief Justice


### 132989 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan 

### PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices



### v SC: 132989 COA: 262995 Oakland CC: 04-194073-FH KELLY ROSE BROOKS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the November 28, 2006 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

p0416 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

April 24, 2007

Clerk
Exhibit 31.2

CERTIFICATION

I, Ian Foreman, certify that;

(1)         I have reviewed this report on Form 10-KSB for the year ended August 31, 2007 of Ruby Creek Resources Inc.;

(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;

(3)         Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;

(4)         The small business issuer's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:

(a)         designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b)         evaluated the effectiveness of the small business issuer's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

(c)         disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and

(5)         The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of the internal control over financial reporting, to the small business issuer's auditors and the audit committee of small business issuer's board of directors (or persons performing the equivalent functions):

(a)         all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and 

(b)         any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.  

Date: November 23, 2007.

By:  *"Ian Foreman"                             
Name:     Ian Foreman*
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 Skylyft Media Network, Inc. on Form 10-KSB/A for the year ending December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Richard Yanke, President, Chief Executive Officer, and Director 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 and belief: (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/ Richard Yanke Richard YankePresident, Chief Executive Officer, and Director

October 8, 2008

1

---
Exhibit
99.4








CERTIFICATE
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 (the “Report”) on the Form 10-K of Regency
Resources Inc. (the “Company”) for the year ended December 31, 2009, as filed
with the Securities and Exchange Commission on the date hereof, I, Dragan
Bozanic, Chief Accounting Officer, Chief Financial Officer and Director,
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 and
belief:





1.    The
Report fully complies with the requirements of Section 13 (a) or 15 (d) of the
Securities and Exchange Act of 1934, as amended; and





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





Date:
February 12, 2010





DRAGAN
BOZANIC


Dragan
Bozanic


Chief
Accounting Officer,


Chief
Financial Officer and Director








-1-
### Regular Totals (Holders)

Airport = JFK Season = S Holder = 0001(Exclude) Status Date = 01/01/2009 (Current & Future) 12/21/2010 07:56:05



### Query Parameters:

### 12/21/2010 07:56:05

Carrier 

### Regular Totals (Holders) Excludes FAA Held Slots Held less than 5 days are Excluded JFK Season = SUMMER PF7 Status Date = 01/01/2009 (Current & Future)

JFK
189 AAL AMERICAN AIRLINES 2 ABX ABX AIR 5 ACA AIR CANADA 8 COA CONTINENTAL AIRLINES 396 DAL DELTA AIR LINES 4 DHL DHL 3 FDX FED EX 366 JBU JETBLUE AIRWAYS CORP. 12 NWA NORTHWEST AIRLINES 4 SCX SUN COUNTRY AIRLINES, INC. 37 UAL UNITED AIRLINES 1 UPS UNITED PARCEL SERVICE 16 USA US AIRWAYS 20 VRD VIRGIN AMERICA

Page 2
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           1,457
<INT-BEARING-DEPOSITS>                           2,730
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     16,729
<INVESTMENTS-CARRYING>                          30,924
<INVESTMENTS-MARKET>                            31,047
<LOANS>                                        176,184
<ALLOWANCE>                                      1,165
<TOTAL-ASSETS>                                 235,405
<DEPOSITS>                                     196,033
<SHORT-TERM>                                     2,000
<LIABILITIES-OTHER>                              2,935
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            27
<OTHER-SE>                                      34,410
<TOTAL-LIABILITIES-AND-EQUITY>                 235,405
<INTEREST-LOAN>                                  3,738
<INTEREST-INVEST>                                  727
<INTEREST-OTHER>                                    59
<INTEREST-TOTAL>                                 4,524
<INTEREST-DEPOSIT>                               2,376
<INTEREST-EXPENSE>                               2,406
<INTEREST-INCOME-NET>                            2,118
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  1,326
<INCOME-PRETAX>                                  1,179
<INCOME-PRE-EXTRAORDINARY>                       1,179
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       783
<EPS-PRIMARY>                                      .34
<EPS-DILUTED>                                      .32
<YIELD-ACTUAL>                                     8.0
<LOANS-NON>                                        719
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                   392
<LOANS-PROBLEM>                                  1,863
<ALLOWANCE-OPEN>                                 1,192
<CHARGE-OFFS>                                       27
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                1,165
<ALLOWANCE-DOMESTIC>                             1,165
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          1,165
        

</TABLE>
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 680 Engrossed in Senate (ES)]

  2d Session
                                 S. 680

_______________________________________________________________________

                                 AN ACT

 
To authorize the Secretary of Transportation to issue a certificate of 
 documentation and coastwise trade endorsement for the vessel YES DEAR.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That notwithstanding 
section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), the 
Act of June 19, 1886 (46 U.S.C. App. 289), and sections 12106, 12107, 
and 12108 of title 46, United States Code, the Secretary of 
Transportation may issue a certificate of documentation with a 
coastwise endorsement for the vessel YES DEAR, United States official 
number 578550.

            Passed the Senate July 29, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                 S. 680

_______________________________________________________________________

                                 AN ACT

To authorize the Secretary of Transportation to issue a certificate of 
 documentation and coastwise trade endorsement for the vessel YES DEAR.
```