alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
AUBURN NATIONAL BANCORPORATION, INC AND SUBSIDIARY

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 this Quarterly Report of Auburn National Bancorporation, Inc. (the Company) on Form 10-Q for the period ending September 30, 2006, as
filed with the Securities and Exchange Commission as of the date hereof (the Report), I, E.L. Spencer, Jr., President, Chief Executive Officer and Chairman of the Board of the Company, certify, 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 14, 2006



|                                                            
|------------------------------------------------------------
|/s/ E.L. Spencer, Jr.                                       
|E.L. Spencer, Jr.                                           
|President, Chief Executive Officer and Chairman of the
Board
MEMORANDUM 

DATE: 7/17/14

TO: Carbon Power Plan for Existing Power Plants; Docket Id: OAR–2013-0602

FROM: Region 5, EPA

SUBJECT: 7/16/14, Conference Call Regarding Proposed Carbon Power Plan for Existing 

Power Plants 

SUMMARY

A conference call was held between EPA and the attendees listed below on July 16, 2014 

to discuss the proposed Carbon Power Plan for Existing Power Plants. R5 states submitted 

questions that were addressed by OAP and OAQPS during the call. The Carbon Power Plan for 

Existing Power Plants was proposed on June 2, 2014.

ATTENDEES

* EPA Staff from OAP, OAQPS and Region 5 (phone)

* Wisconsin Department of Natural Resources staff (phone)

* Wisconsin State Energy Office staff (phone)

* Illinois EPA staff (phone)

* Minnesota Pollution Control Agency staff (phone)

* Indiana Department of Environmental Management staff (phone)

* Indiana Office of Energy Development staff (phone)

* Michigan Public Service Commission staff (phone)

* Michigan Department of Environmental Quality staff (phone)

* Ohio Environmental Protection Agency (phone)

* Ohio Development Services Agency (phone)

(While roll call was taken it was difficult to hear everyone identifying themselves individually.)
This disposition is not appropriate for publication and is not precedent *

except as provided by Ninth Circuit Rule 36-3.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

GASTON ORTIZ-ORTIZ,

 Defendant - Appellant.

No. 09-50299

D.C. No. 3:08-cr-03263-L-1

MEMORANDUM *

Appeal from the United States District Court

for the Southern District of California

M. James Lorenz, Senior District Judge, Presiding

Argued and Submission Deferred March 2, 2010

Resubmitted April 2, 2010

Pasadena, California

Before: CANBY, GOULD and IKUTA, Circuit Judges.

Defendant-Appellant Gaston Ortiz-Ortiz (“Ortiz”) appeals his seventy-seven

month sentence imposed after his guilty plea to one count of reentering the United

States without permission in violation of 8 U.S.C. § 1326. We have jurisdiction

FILED

APR 06 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 Because we vacate Ortiz’s sentence on the basis of a Guidelines calculation 2

error, we do not reach Ortiz’s other allegations of sentencing error.

2

under 18 U.S.C. § 3742. There is no challenge to the conviction but there is a

challenge to Ortiz’s sentence. 

 We review the district court’s interpretation of the United States Sentencing

Guidelines (“Guidelines”) de novo. United States v. Lambert, 498 F.3d 963, 966

(9th Cir. 2007). Incorrect calculation of the applicable Guidelines range is

reversible error. United States v. Carty, 520 F.3d 984, 993 (9th Cir.) (en banc),

cert. denied, 128 S. Ct. 2491 (2008).

The district court erred by concluding that Ortiz’s convictions under

California Penal Code sections 288(c)(1) and 12021(a)(1) are categorical “crimes

of violence” meriting a sixteen-level upward adjustment under Guidelines section

2L1.2(b)(1)(A). See United States v. Eduardo Castro, No. 09-50164, slip op. at

4912 (9th Cir. Mar. 26, 2010); United States v. Garcia-Cruz, 978 F.2d 537, 542–43

(9th Cir. 1992); United States v. Sahakian, 965 F.2d 740, 742 (9th Cir. 1992). The

district court did not reach the modified categorical approach for either conviction,

and no other conviction in the record before us supports a sixteen-level

enhancement. We vacate Ortiz’s sentence and remand for resentencing on an open

record. United States v. Grisel, 488 F.3d 844, 851–52 (9th Cir. 2007) (en banc). 2
3

VACATED and REMANDED.
118TH CONGRESS 

1ST SESSION S. 1311 

AN ACT 

To reauthorize the Morris K. Udall and Stewart L. Udall 

Trust Fund, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 1311 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Udall Foundation Re3 authorization Act of 2023’’. 

4 SEC. 2. REAUTHORIZATION OF THE UDALL FOUNDATION 

5 TRUST FUND. 

6 Section 13 of the Morris K. Udall and Stewart L. 

7 Udall Foundation Act (20 U.S.C. 5609) is amended— 

8 (1) in subsection (a), by striking ‘‘2023’’ and 

9 inserting ‘‘2028’’; 

10 (2) in subsection (b), in the matter preceding 

11 paragraph (1), by striking ‘‘2023’’ and inserting 

12 ‘‘2028’’; and 

13 (3) in subsection (c), by striking ‘‘5-fiscal year 

14 period’’ and all that follows through the period at 

15 the end and inserting ‘‘5-fiscal year period beginning 

16 with fiscal year 2024.’’. 

Passed the Senate April 26, 2023. 

Attest: 

Secretary. 

118TH CONGRESS 

1ST SESSION S. 1311 

AN ACT 

To reauthorize the Morris K. Udall and Stewart L. 

Udall Trust Fund, and for other purposes.
Proclamation 8354 of April 1, 2009

# National Cancer Control Month, 2009



We have achieved remarkable progress in the fight against cancer. Miracles in medical research have helped us understand how to prevent, detect, and treat cancer more effectively, and Americans are now more aware of how to protect themselves from this disease.

Despite this progress, cancer continues to kill more Americans than any other malady but heart disease. Marking National Cancer Control Month, we recommit to the battle against cancer and emphasize the promise of medical research and the healthy steps Americans can take to protect themselves.

To gain new ground in cancer prevention, detection, and treatment, my Administration will continue to press for increased support for research at the National Institutes of Health, the National Cancer Institute, the Centers for Disease Control and Prevention, and academic and other institutions. The Federal Government plays an indispensable role in investing in this research, which will save and improve lives for generations to come.

As researchers work daily to better understand this disease, Americans can take steps to decrease their risk of developing cancer. Individuals of all ages should seek regular and appropriate check-ups. These check-ups should include screening, such as mammograms, the Pap test, and tests for colorectal cancer, all of which can help detect cancer during its early stages.

Healthy personal habits can also reduce the risk of cancer. Smoking accounts for thousands of cancer deaths every year, and quitting—even after many years—can greatly reduce the risk of cancer. Physical inactivity and obesity may cause a substantial proportion of colon, breast, endometrial, kidney, and esophageal cancers in the United States, so maintaining physical activity and a healthy diet can help prevent cancer, among other diseases. Finally, moderating alcohol intake and sun exposure can help protect Americans.

Too many American families have been touched by cancer. As we observe National Cancer Control Month, I call upon all courageous cancer patients and survivors, health care providers, researchers, advocates, and others involved in this struggle to work together in support of our Nation's goal to control, and ultimately defeat, this devastating disease.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 2009 as National Cancer Control Month. I encourage citizens, medical institutions, government and social service agencies, businesses, nonprofit organizations, and other interested groups to join in activities that help control cancer.

IN WITNESS WHEREOF, I have hereunto set my hand this first day of April, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third.



[FR Doc. E9-7923 Billing code 3195-W9-P
Exhibit 32.1

** **

** **

**Certification of CEO andCFO**

**Pursuant to 18 U.S.C.Section 1350,**

**AsAdopted Pursuant to**

**Section 906 of theSarbanes-Oxley Act of 2002**

 

 

In connection with theQuarterly Report on Form 10-Q of Housing Programs Limited (the "Partnership"),for the quarterly period ended June 30, 2010 as filed with the Securities andExchange Commission on the date hereof (the "Report"), Steven D. Cordes, as theequivalent of the chief executive officer of the Partnership, and Stephen B.Waters, as the equivalent of the chief financial officer of the Partnership,each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of hisknowledge:

 

(1)   The Reportfully complies with the requirements 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 the Partnership.

 

 

This certification isfurnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of2002 and shall not be deemed filed by the Partnership for purposes of Section 18of the Securities Exchange Act of 1934, asamended.
Markeil THOMAS, Appellant, v. STATE of Florida, Appellee.

No. 1D16-4774

District Court of Appeal of Florida, First District.

February 5, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Kent PONTOON, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-1314

District Court of Appeal of Florida, Second District.

Opinion filed November 22, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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 Veterans Affairs

# AGENCY:

Department of Veterans Affairs.

# ACTION:

Notice to delete system of records.

# SUMMARY:

The Department of Veterans Affairs (VA) is deleting a system of records entitled “National Veterans Museum Donation Records—VA” (120VA047), which was established at 67 Fed. Reg. 58445, dated September 16, 2002. The system contained information on individuals making gifts and donations to VA for the National Veterans Museum. This system of records is being deleted because plans for the creation of the museum were postponed indefinitely.

A “Report of Intention to Publish a Federal Notice of Deletion of a System of Records” and a copy of the deletion of system notice have been provided to the appropriate Congressional committees and to the Office of Management and Budget (OMB), as required by 5 U.S.C. 552a(r) and guidelines issued by OMB, 65 FR 77677 (Dec. 12, 2000).

# DATES:

*Effective Date:*                         April 9, 2009                    

# FOR FURTHER INFORMATION CONTACT:

Peter Mulhern, Office of Financial Policy (047G), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461-6487 (this is not a toll-free number).

Approved: March 4, 2008.

John R. Gingrich,

Chief of Staff, Department of Veterans Affairs.

 [FR Doc. E9-8065 Filed 4-8-09; 8:45 am]

BILLING CODE 8320-01-P
STATE of Louisiana v. Patrick Lee PIERCE

NO. 2017-KO-0661

Supreme Court of Louisiana.

April 6, 2018

Denied.
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<FISCAL-YEAR-END>               JUN-30-1999
<PERIOD-END>                    SEP-30-1998
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<ALLOWANCES>                          (230)
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<DEPRECIATION>                      (18505)
<TOTAL-ASSETS>                        73167
<CURRENT-LIABILITIES>                  8773
<BONDS>                                   0
<PREFERRED-MANDATORY>                 18681
<PREFERRED>                               0
<COMMON>                              19803
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<TOTAL-LIABILITY-AND-EQUITY>          73167
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This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

1

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

LIYSA NORTHON; WAYLAND

DEWITT; JON “TOR” DEWITT,

 Plaintiff - Appellants,

 v.

ANN RULE, an individual; FREE PRESS,

a division of Simon & Schuster, Inc.;

SIMON & SCHUSTER, INC., a Delaware

corporation,

 Defendant - Appellees.

No. 07-35319

D.C. No. CV-06-00851-MO

MEMORANDUM*

Appeal from the United States District Court

for the District of Oregon

Michael W. Mosman, District Judge, Presiding

Submitted October 7, 2010** 

Portland, Oregon

FILED

JAN 18 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 In an order filed simultaneously with this memorandum, we also grant 1

Defendants-Appellees’ motion for an award of attorneys’ fees.

2

Before: TASHIMA, PAEZ and CLIFTON, Circuit Judges

Liysa Northon and other members of her family appeal from the district

court’s order granting Defendants’ special motion to strike under Oregon’s antiStrategic Lawsuit Against Public Participation (“anti-SLAPP”) law, Or. Rev. Stat.

§ 31.150. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo,

Gardner v. Martino, 563 F.3d 981, 986 (9th Cir. 2009), and we affirm.1

The district court properly granted Defendants’ special motion because

Plaintiffs failed to meet their burden of establishing that there was a probability

that they would prevail on their claims. See id. (explaining that the plaintiff has the

burden to “establish that there is a probability that the plaintiff will prevail on the

claim by presenting substantial evidence to support a prima facie case”).

Specifically, Plaintiffs failed to show how any statements made in the book might

have been defamatory. See id. at 989 (affirming dismissal of defamation claim

because, inter alia, plaintiff failed to present substantial evidence to support a

prima facie case). During the hearing, Plaintiffs offered a generalized argument

that the entire book was defamatory and did not provide any citations for false

statements. The court properly determined that in evaluating whether Plaintiffs
3

have actionable claims for defamation under Oregon law, it must look at each

challenged statement, rather than the book as a whole. See Reesman v. Highfill,

327 Or. 597, 604-05 (1998).

Plaintiffs cannot succeed on their claim that the magistrate judge was biased

against them because they did not file a “timely and sufficient” motion for recusal

under 28 U.S.C. § 144. See United States v. Castro, 887 F. 2d 988, 1000 (9th Cir.

1989). The ineffective assistance of counsel claim fails because a plaintiff does not

have a constitutional right to counsel in a civil action. See Nicholson v. Rushen,

767 F. 2d 1426, 1427 (9th Cir. 1985) (per curiam). We decline to consider the

other issues raised on appeal because they were not raised before the district court.

See Turnacliff v. Westly, 546 F. 3d 1113, 1120 (9th Cir. 2008). 

AFFIRMED.
EX PARTE GEORGIA-PACIFIC CONSUMER PRODUCTS, LP

1160016 (2150426)

Supreme Court of Alabama.

November 10, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Cert. denied.
**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 theQuarterly  Report of Magnetek, Inc. (the“Company”) on Form 10-Q for the period ending September 30, 2003 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Andrew G. Galef, Chairman of the Board, President and Chief Executive Officerof the Company, certify, pursuant to U.S.C. Section 1350 and Rule 13a-14(b) orRule 15d-14(b) of the Securities Exchange Act of 1934, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

(1)                                  the Report fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

(2)                                  the information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.
| /s/  Andrew G. Galef             |
|---------------------------------------|
| Andrew G. Galef                       |
| Chairman of the Board,  President and |
| Chief Executive Officer               |

 

DatedNovember 4, 2003

----
OASIS TOWER TWO CONDOMINIUM ASSOC., INC., et al. Appellant/Petitioner(s), v. Kathleen WALSH, et al. Appellee/Respondent(s).

CASE NO.: 2D16-5097

District Court of Appeal of Florida, Second District.

September 20, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Granted. Denied.
**Exhibit  32**

CERTIFICATIONPURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

Inconnection with the annual report of Ecotality, Inc. (the “Company”) onamendment number 3 to Form 10-KSB for the year ended December 31, 2006, asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),I, Jonathan R. Read, acting in the capacity as the Chief Executive Officer ofthe Company, and I, Barry S. Baer, acting in the capacity as the ChiefFinancial Officer of the Company, certify to the best of our knowledge,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

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

(2)     Theinformation contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company.
| /s/ Jonathan R. Read                                   |   |
|--------------------------------------------------------|--------|
|      Jonathan R. Read         |
|      Chief Executive  Officer |
|      August 1, 2007           |

 

 
| /s/ Barry S. Baer                                      |   |
|--------------------------------------------------------|--------|
|      Barry S. Baer            |
|      Chief Financial  Officer |
|      August 1, 2007           |

 

----
Exhibit 32.2

Certification of Principal Financial Officer

Under Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350

The undersigned hereby certifies, in her capacity as the Principal Financial Officer of Energy Partners, Ltd. (the
Company), that the Quarterly Report of the Company on Form 10-Q for the quarter ended March 31, 2009 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that
the information contained in such Report fairly presents, in all material respects, the financial condition and the results of operations of the Company.



|                                                
|------------------------------------------------
|/s/ Tiffany J. Thom                             
|Vice President, Treasurer and Investor Relations
|(Principal Financial Officer)                   

Dated: September 8, 2009