alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

Fifth Circuit

FILED

May 30, 2003

Charles R. Fulbruge III

Clerk

In the

United States Court of Appeals

for the Fifth Circuit

_______________

m 03-50176

Summary Calendar

_______________

CYNTHIA R. WILLIAMS,

Plaintiff-Appellant,

VERSUS

MIR, MITCHELL AND COMPANY,

Defendant-Appellee.

_________________________

Appeal from the United States District Court

for the Western District of Texas

m SA-01-CV-1097

_________________________

Before HIGGINBOTHAM, SMITH, and

CLEMENT, Circuit Judges.

PER CURIAM:

*

Cynthia Williams appeals, pro se, a summaryjudgment denying her claimofretaliation

under title VII. Her brief on appeal fails to set

forth the facts and legal arguments, asthe rules

* 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determined that this opinion should not be published and is not precedent except under the limited

(continued...)

(...continued)

circumstances set forth in 5TH CIR. R. 47.5.4.
2

require. Nonetheless, we treat this as a

properly briefed case, and we affirm, essentially for the reasons given by the magistrate

judge in his Memorandum and Recommendation filed January 10, 2003, which was

accepted and approved by the district court in

entering summary judgment. The magistrate

judge correctlyopined that there was no showing of pretext in Williams’stermination, which

was for good cause.

The motion to dismiss the appeal is

DENIED. The summary judgment is

AFFIRMED.
CONSENT

I hereby consent to the use of my name in connection with the following report and documents, which are being filed as exhibits to and incorporated by reference into the annual report on Form 40-F of Cardero Resource Corp. (the Company) being filed with the United States Securities and Exchange Commission:

1.

Technical report dated December 15, 2007 entitled Technical Report on the Iron Sands Project: The Pampa El Toro, Carbonera and Tanaca Dune Fields, near Nazca, Peru prepared by Mark D. Cruise, Euro Geol.; and

2.

The annual information form of the Company dated January 23, 2008, which includes reference to my name in connection with information relating to the foregoing report, and the properties described therein.

DATED  January 29, 2008



/s/ Mark Cruise



Mark D. Cruise
II 

112TH CONGRESS 

2D SESSION S. 3061 

To suspend temporarily the duty on women’s sports bras of stretch fabric 

with textile or polymer-based electrodes knit into or attached to the 

fabric and that incorporate connectors designed to secure an electronic 

transmitter that transmits physiological information from the electrodes 

to a compatible monitor. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2012 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on women’s sports bras 

of stretch fabric with textile or polymer-based electrodes 

knit into or attached to the fabric and that incorporate 

connectors designed to secure an electronic transmitter 

that transmits physiological information from the electrodes to a compatible monitor. 

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


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 3061 IS

1 SECTION 1. WOMEN’S SPORTS BRAS OF STRETCH FABRIC 

2 WITH TEXTILE OR POLYMER-BASED ELEC3 TRODES KNIT INTO OR ATTACHED TO THE 

4 FABRIC AND THAT INCORPORATE CONNEC5 TORS DESIGNED TO SECURE AN ELECTRONIC 

6 TRANSMITTER THAT TRANSMITS PHYSIO7 LOGICAL INFORMATION FROM THE ELEC8 TRODES TO A COMPATIBLE MONITOR. 

9 (a) IN GENERAL.—Subchapter II of chapter 99 of 

10 the Harmonized Tariff Schedule of the United States is 

11 amended by inserting in numerical sequence the following 

12 new heading: 

‘‘ 9902.01.00 Women’s sports bras of 

stretch fabric with textile or 

polymer-based electrodes knit 

into or attached to the fabric 

and that incorporate connectors designed to secure an 

electronic transmitter that 

transmits physiological information from the electrodes to 

a compatible monitor (provided for subheading 

6212.10.90) ........................... Free No change No change On or before 

12/31/2015 ’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) applies with respect to goods entered, or 

15 withdrawn from warehouse for consumption, on or after 

16 the 15th day after the date of the enactment of this Act. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
**Exhibit 12.1**I, Francisco Gómez-Roldán, certify that:1. I have reviewed this annual report on Form 20-F of Abbey National plc; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the company as of, and for, the periods presented in this report; 4. The company’s other certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e))for the company 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 company, including itsconsolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is beingprepared;(b) Evaluated the effectiveness of the company’s disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and(c) Disclosed in this report any change in the company’s internalcontrol over financial reporting that occurred during the period covered bythe report, that has materially affected, or is reasonably likely tomaterially affect, the company’s internal control over financial reporting;and5. The company’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to the company’sauditors and the audit committee of the company’s board of directors (or personsperforming the equivalent functions):(a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reporting which arereasonably likely to adversely affect the company’s ability to record,process, summarize and report financial information; and(b) Any fraud, whether or not material, that involves managementor other employees who have a significant role in the company’s internalcontrol over financial reporting.Date: 26June 2006         By:  /s/Francisco Gómez-Roldán    Chief Executive Officer
1 The Honorable Mark W. Bennett, United St ates District Judge for the Northern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 07-2592

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. Blaz Ramirez-Fuentes, * * [UNPUBLISHED] Appellant. *

___________ Submitted: July 30, 2008 Filed: August 5, 2008

___________ Before MURPHY, BYE, and BENTON, Circuit Judges.

___________ PER CURIAM. Blaz Ramirez-Fuentes pleaded guilty to onecount of conspiracy to distribute at least 500 grams of a methamphetamine mixture within 1,000 feet of property comprising a public playground, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846, and 860(a); and one count of possession with intent to di stribute at least 500 grams of a methamphetamine mixture with in 1,000 feet of property comprising a public playground, in violation of 21 U.S.C . §§ 841(a)(1), (b)(1)(A), and 860(a). The district court 1 imposed a prison term of 151 months on each count, to run-2- concurrently. On appeal, Ramirez-Fuentes’ s counsel has moved to withdraw and has filed a brief under A nders v. California , 386 U.S. 738 (1967), suggesting that the district court violated Ramirez-Fuente s’s due process rights by calculating his Guidelines range based inpart on information in the presentence report (PSR) obtained from a laboratory report that was not disclosed to Ramirez-Fuentes prior to his guilty plea. Upon careful review, we conclude that th e district court substantially complied with Federal Rule of Criminal Procedure 32, and that there is no merit to Ramirez-Fuentes’s challenge to the district court’s use of the laboratory report. See United States v. Saffeels , 39 F.3d 833, 835 (8th Cir. 1994) (noting that Rule 32 operates to permit asserti on and resolution of claims of inaccuracy in PSR before sentencing). We also note that counsel in formed the district court prior to RamirezFuentes’s sentencing that Ramirez-Fuentes di d not wish to withdraw his guilty plea despite the nondisclosure of the laboratory report. SeeFed. R. Crim. P. 52(a) (error that does not affect substantial rights is disregarded).

We further conclude that the district court properly calculated RamirezFuentes’s Guidelines range. See United States v. Rodriguez , 484 F.3d 1006, 1014 (8th Cir.) (court reviews district court’ s factual findings for clear error, and its application of Guidelines de novo), cert. denied , 128 S. Ct. 316 (2007); United States v. Milton , 153 F.3d 891, 898 (8th Cir. 1998) (dis trict court may rely upon estimates that have sufficient accuracy, and its drug- quantity determinations are reviewed for clear error).
Having reviewed the record i ndependently under Penson v. Ohio , 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accord ingly, we affirm the district court’s judgment, and we grant counsel’s moti on to withdraw on condition that counsel inform appellant about the procedures for filing petitions for rehearing and for certiorari. Ramirez-Fuentes’s motion for appointment of new counsel is denied.

______________________________
**EXHIBIT
      32.1**





The
      following certification is provided by the undersigned Chairman of the Board
      of
      Directors and Chief Executive Officer of Merchants and Manufacturers
      Bancorporation, Inc. on the basis of such officer's knowledge and belief for
      the
      sole purpose of complying with 18 U.S.C. Section 1350, as adopted pursuant
      to
      Section 906 of the Sarbanes-Oxley Act of 2002.





**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





I,
      Michael J. Murry, Chairman of the Board of Directors and Chief Executive Officer
      of Merchants and Manufacturers Bancorporation, Inc., certify, pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section
      1350.





(1)           The
      Quarterly Report of Merchants and Manufacturers Bancorporation, Inc. for the
      quarter ended September 30, 2007 fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934, (14 U.S.C. 78m or 78o
      (d)); and





(2)           The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of Merchants and Manufacturers
      Bancorporation, Inc.





/s/
      Michael J.
      Murry




Name:  Michael
      J. Murry


Title:    Chairman
      of the Board of Directors


and
      Chief Executive Officer


Date:    November
      9, 2007
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation byreference in Registration Statement No.’s 333-116055, 333-123707, and 333-153017 on Form S-8 and Registration Statement No. 333-141953 on Form S-3 of our report dated March 12, 2009, relating to the consolidated financialstatements and financial statement schedule of inContact, Inc. and subsidiaries (which report expresses an unqualified opinion and includes an explanatory paragraph relating to the adoption of Statement of Financial Accounting Standards(“SFAS”) No. 123(R),*Share-Based Payment* and SFAS No. 157, *Fair Value Measurements*), and our report dated March 12, 2009 related to the effectiveness of inContact, Inc. and subsidiaries’ internal controlover financial reporting, appearing in this Annual Report on Form 10-K of inContact, Inc. for the year ended December 31, 2008. 

/s/    DELOITTE & TOUCHE LLP 

Salt Lake City, Utah 

March 12, 2009
Exhibit 31.1

SARBANES-OXLEY SECTION 302(a) CERTIFICATION

Principal Executive and Financial Officer

I, Sidney Chan, certify that:

1. I have reviewed this annual report on Form 10-KSB of ALR TECHNOLOGIES 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 registrant as of, and for, the periods presented in this report;

4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant 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 registrant, 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 registrant's disclosure controls and procedures and presented in this report my 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 registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

5. I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant'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 registrant'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 registrant's internal control over financial reporting.

Dated this 15th day of April, 2005.

| | /s/ Sidney Chan                          
| | -----------------------------------------
| | Sidney Chan                              
| | Principal Executive and 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.                  

###### Federal Election Commission

# AGENCY:

Federal Election Commission.

# Note:

 There will be a continuation of the open meeting of Thursday, April 16, 2009, on Tuesday, April 21, 2009, at 10 a.m.

# Item to be Discussed: 

Draft Advisory Opinion 2009-03: IntercontinentalExchange, Inc., by Andrew J. Surdykowski, Esquire.

# Date AND Time: 

Thursday, April 23, 2009, at 10 a.m.

# Place: 

999 E Street, NW., Washington, DC (Ninth Floor).

# Status: 

This meeting will be open to the public.

      ( print page 18709)    

# Items to be Discussed: 

Correction and Approval of Minutes.

Draft Advisory Opinion 2009-06: Jim Risch for Lieutenant Governor Committee, by David D. Goss, Treasurer.

# Management and Administrative Matters. 

Individuals who plan to attend and require special assistance, such as sign language interpretation or other reasonable accommodations, should contact Mary Dove, Commission Secretary, at (202) 694-1040, at least 72 hours prior to the hearing date.

# Person to Contact for Information: 

Judith Ingram, Press Officer, Telephone: (202) 694-1220.

Mary W. Dove,

Secretary of the Commission. 

[FR Doc. E9-9259 Filed 4-23-09; 8:45 am]

BILLING CODE 6715-01-M
**EXHIBIT 99.2**

 

**CNHEQUIPMENT TRUST 2004-A**

** **

**REPORT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

To the CNHEquipment Trust 2004-A:

 

Wehave examined management’s assertion that CNH Capital America LLC (formerlyCase Credit Corporation) (the “Company”) has complied as of and for the periodfrom inception to December 31, 2004 with its established minimum servicingstandards described in the accompanying Management’s Assertion ConcerningCompliance, dated March 12, 2005. Management is responsible for the Company’s compliance with thoseminimum servicing standards.  Ourresponsibility is to express an opinion on management’s assertion about theCompany’s compliance based on our examination.

 

Ourexamination was conducted in accordance with attestation standards establishedby the American Institute of Certified Public Accountants, as adopted by thePublic Company Accounting Oversight Board and, accordingly, included examining,on a test basis, evidence about the Company’s compliance with its minimumservicing standards and performing such other procedures as we considerednecessary in the circumstances.  Webelieve that our examination provides a reasonable basis for our opinion.  Our examination does not provide a legaldetermination on the Company’s compliance with its minimum servicing standards.

 

In ouropinion, management’s assertion that the Company complied with theaforementioned minimum servicing standards as of and for the period frominception to December 31, 2004, is fairly stated in all material respects basedon the criteria set forth in Appendix I.

 

 

DELOITTE &TOUCHE LLP

 

Milwaukee,Wisconsin

March 12, 2005

 

1

----
<PAGE>


                                                                    EXHIBIT 99.1


March 21, 2003

Securities and Exchange Commission
450 Fifth Street, N.W
Washington, D.C. 20549

Ladies and Gentlemen:

         The certification set forth below is being submitted to the Securities
and Exchange Commission solely for the purpose of complying with Section 1350 of
Chapter 63 of Title 18 of the United States Code. This certification is not to
be deemed filed pursuant to the Securities Exchange Act of 1934 and does not
constitute a part of the Annual Report on Form 10-K (the "Report") accompanying
this letter.

         Gideon Ben-Efraim, the Chief Executive Officer and Sanjay K. Khare, the
Chief Financial Officer of Netro Corporation, each certifies 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 Netro Corporation.


                                                    /s/ Gideon Ben-Efraim
                                                    ----------------------------
                                                    Name:  Gideon Ben-Efraim
                                                    Chief Executive Officer


                                                    /s/ Sanjay K. Khare
                                                    ----------------------------
                                                    Name:  Sanjay K. Khare
                                                    Chief Financial Officer
Unassociated Document



Exhibit 4.8.33 - Electronic Catalogue (11) - Pass Window - Selection Table for Ordinary Type Pass Window
Exhibit 32.2




CERTIFICATE PURSUANT TO 18 U.S.C.
SECTION 1350, SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the quarterly report
of HealthWarehouse.com, Inc. (the “Company”) on Form 10-Q for the six months
ended June 30, 2009 as filed with the Securities and Exchange Commission (the
“Report”), I, Patrick E. Delaney, Chief Financial Officer and
Treasurer, 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.




August
      21, 2009
            /s/ Patrick E. DelaneyPatrick
      E. DelaneyChief
      Financial Officer and Treasurer





A signed original of this written
statement required by section 906 has been provided toHealthWarehouse.com, Inc. and will be retained byHealthWarehouse.com, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.
Certification of Chief Executive Officer Pursuant to 18 U.S.C. SECTION 1350   In connection with the Annual Report of Geotec, Inc. (the Company) on Form 10-K for the period ending December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Bradley T. Ray, Chief Executive Officer of the Company, certify, to my knowledge that:  (i)  the accompanying Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the Act); and  (ii)  the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.   GEOTEC, INC.  /s/:  Bradley T. Ray BRADLEY T. RAY, Chief Executive Officer   September 12, 2008  The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes of Section 18 of the Act, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
**Exhibit 21.1**

**List of Subsidiaries**

InterMune Canada, Inc. (Canada) 

InterMune UK Ltd. (United Kingdom) 

InterMuneUK & I Ltd. (United Kingdom) 

InterMune Bristol Ltd. (United Kingdom) 

InterMune International AG (Switzerland) 

InterMune Schweiz GmbH (Switzerland) 

InterMune S.r.l. (Italy) 

InterMuneDeutschland GmbH (Germany) 

InterMune France SAS (France) 

InterMune Spain, S.L. (Spain) 

InterMune Austria GmbH (Austria) 

InterMune Benelux B.V. (The Netherlands) 

InterMune Nordics AB (Sweden)