alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 Blount International, Inc.
(the "Company") on Form 10-K for the period ending December 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, James S. Osterman, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

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

    (ii)  The information contained in the Report fairly presents, in all
    material respects, the financial condition and results of operations
    of the Company as of the dates and for the periods expressed in the
    report.



Date: March 10, 2004

/s/ James S. Osterman
--------------------------
James S. Osterman
President and
Chief Executive Officer
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: June 25, 2015 519420 

________________________________

In the Matter of DAMON FLAGG,

Petitioner,

v

MEMORANDUM AND JUDGMENT

ALBERT PRACK, as Director of

Special Housing and Inmate

Disciplinary Programs,

Respondent.

________________________________

Calendar Date: May 5, 2015

Before: Lahtinen, J.P., Egan Jr., Rose and Lynch, JJ.

__________

Damon Flagg, Auburn, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Peter H.

Schiff of counsel), for respondent.

__________

Proceeding pursuant to CPLR article 78 (transferred to this

Court by order of the Supreme Court, entered in Albany County) to

review a determination of the Commissioner of Corrections and

Community Supervision which found petitioner guilty of violating

certain prison disciplinary rules.

Determination confirmed. No opinion.

Lahtinen, J.P., Egan Jr., Rose and Lynch, JJ., concur.
-2- 519420 

ADJUDGED that the determination is confirmed, without

costs, and petition dismissed.

ENTER:

Robert D. Mayberger

Clerk of the Court
Exhibit 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-QSB of Sontra Medical Corporation (the Company) for the period ended March 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Harry G. Mitchell, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

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

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



|                                                                     
|---------------------------------------------------------------------
|/s/ Harry G. Mitchell                                                
|Harry G. Mitchell                                                    
|Interim Chief Executive Office, Chief Financial Officer
and Treasurer
|May 15, 2007
<PAGE>


                                  EXHIBIT 32.2

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

In connection with the Annual Report of Asta Funding, Inc. (the "Company") on
Form 10-K for the year ending September 30, 2003 as filed with the Securities
and Exchange Commission (the "Report"), I, Mitchell Herman, Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. ss. 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)
           of the Securities Exchange Act of 1934; and

           (2) The information contained in the Report fairly presents, in all
           material respects, the consolidated financial condition of the
           Company as of the dates presented and the consolidated result of
           operations of the Company for the periods presented.


Dated: December 19, 2003


/s/ Mitchell Herman
------------------------
Mitchell Herman
Chief Financial Officer, Secretary and
Chief Accounting Officer



This certification has been furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.
**Exhibit 15.1**

The Board of Directors and Shareholders 

Gulf Island Fabrication, Inc. 

We are aware of the incorporation by reference in the Registration Statement (Form S-8 No. 333-46155) pertaining to the Long-Term Incentive Plan, the Registration Statement (Form S-8 No. 333-88466)pertaining to the 2002 Long-Term Incentive Plan, and the Registration Statement (Form S-3 No. 333-144672) of Gulf Island Fabrication, Inc., of our reports dated April 23, 2008 and July 24, 2008, relating to the unaudited condensedconsolidated interim financial statements of Gulf Island Fabrication, Inc. that are included in its Forms 10-Q for the quarters ended March 31, 2008 and June 30, 2008. 

/s/ Ernst & Young LLP 

New Orleans,Louisiana 

July 24, 2008
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-40018

Summary Calendar 

UNITED STATES OF AMERICA, 

Plaintiff−Appellee, 

versus 

CAMILLE DIANE ARMSTRONG, 

Defendant−Appellant. 

Appeal from the United States District Court 

for the Southern District of Texas 

USDC No. 2:16-CR-657-1 

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges. 

PER CURIAM:*

Camille Armstrong appeals her conviction of conspiring to possess with 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 

5TH CIR. R. 47.5.4.

United States Court of Appeals

Fif h Circuit

FILED

August 17, 2017

Lyle W. Cayce

Clerk

 Case: 17-40018 Document: 00514120864 Page: 1 Date Filed: 08/17/2017
No. 17-40018

2 

intent to distribute more than 50 grams of methamphetamine, in violation of

21 U.S.C. § 841(a)(1) and (b)(1)(A) and 21 U.S.C. § 846. She asserts that the 

factual basis for her guilty plea was inadequate because the government failed 

to meet its obligation to prove that she had knowledge of the quantity of actual 

methamphetamine involved in her offense. 

 As Armstrong concedes, her argument is foreclosed by United States 

v. Betancourt, 586 F.3d 303, 308−09 (5th Cir. 2009), which held that FloresFigueroa v. United States, 556 U.S. 646 (2009), did not overturn United States 

v. Gamez-Gonzalez, 319 F.3d 695 (5th Cir. 2003), and that the government is 

not required to prove knowledge of drug type and quantity as an element of a 

§ 841 drug offense. Accordingly, the motion for summary disposition is 

GRANTED, and the judgment is AFFIRMED. 

 Case: 17-40018 Document: 00514120864 Page: 2 Date Filed: 08/17/2017
Exhibit 32.2
 
 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 In connection with the Quarterly Report on Form 10-Q of Echo Therapeutics, Inc. (the “Company”) for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Harry G. Mitchell, CPA, Chief Operating Officer, Chief Financial Officer and Treasurer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002:
 
 (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/ Harry G. Mitchell, CPAHarry G. Mitchell, CPAChief Operating Officer, Chief Financial Officer and Treasurer
 
 May 13, 2011
Case: 1:00-cv-07164 Document #: 222 Filed: 04/17/02 Page 1 of 4 PageID #:753
Case: 1:00-cv-07164 Document #: 222 Filed: 04/17/02 Page 2 of 4 PageID #:754
Case: 1:00-cv-07164 Document #: 222 Filed: 04/17/02 Page 3 of 4 PageID #:755
Case: 1:00-cv-07164 Document #: 222 Filed: 04/17/02 Page 4 of 4 PageID #:756
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II

105TH CONGRESS

1ST SESSION S. 1058

To amend the National Forest Management Act of 1976 to prohibit belowcost timber sales in the Shawnee National Forest.

IN THE SENATE OF THE UNITED STATES

JULY 23, 1997

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

to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the National Forest Management Act of 1976

to prohibit below-cost timber sales in the Shawnee National Forest.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Taxpayer and Shawnee

5 National Forest Protection Act’’.

6 SEC. 2. PROHIBITION OF BELOW-COST TIMBER SALES IN

7 THE SHAWNEE NATIONAL FOREST.

8 (a) IN GENERAL.—Section 14 of the National Forest

9 Management Act of 1976 (16 U.S.C. 472a) is amended

10 by adding at the end the following:
2

•S 1058 IS

1 ‘‘(j) PROHIBITION OF BELOW-COST TIMBER SALES

2 IN THE SHAWNEE NATIONAL FOREST.—

3 ‘‘(1) DEFINITIONS.—In this subsection:

4 ‘‘(A) BELOW-COST SALE.—The term

5 ‘below-cost sale’ means a sale of timber from

6 which the expected cost of making timber avail7 able for sale are greater than the anticipated

8 revenues from the sale.

9 ‘‘(B) COST.—The term ‘cost of making

10 timber available for sale’ includes the costs in11 curred for sale preparation, harvest administra12 tion, timber resource planning, silvicultural ex13 amination, road design and construction (in14 cluding road base, road surface, culverts, and

15 bridges), road maintenance, transportation

16 planning, reforestation, timber stand improve17 ment, forest genetics tree improvement, timber

18 program general administration, facilities con19 struction, payments to counties, and a portion

20 of timber program expenses for the national

21 and regional offices of the Forest Service allo22 cated to the Shawnee National Forest on the

23 basis of harvest volume.
3

•S 1058 IS

1 ‘‘(C) REVENUE.—The term ‘revenue’

2 means amounts deposited in the Treasury of

3 the United States.

4 ‘‘(2) PROHIBITION.—The Secretary of Agri5 culture shall not make a below-cost sale of timber

6 for commodity purposes produced on land in the

7 Shawnee National Forest.’’.

8 (b) APPLICABILITY OF AMENDMENT.—

9 (1) IN GENERAL.—The amendment made by

10 subsection (a) takes effect on October 1, 1997.

11 (2) PENDING SOLICITATIONS.—The amendment

12 made by subsection (a) does not prohibit the Sec13 retary of Agriculture from entering into a below-cost

14 sale of timber for commodity purposes produced on

15 land in the Shawnee National Forest if the Sec16 retary determines that a prospective contractor has

17 incurred substantial bid preparation costs in re18 sponse to a solicitation for bids for the sale issued

19 by the Secretary before the date of enactment of this

20 Act.

Æ
#### The People of the State of New York, Respondent, v John Stephenson, Appellant.

Appeal by defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered May 6, 1983, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

Defendant failed to raise his objections to the adequacy of his plea allocution in the court of first instance and accordingly has not preserved his claims for appellate review *(People v Hoke,*62 NY2d 1022; *People v Pellegrino,*60 NY2d 636). In any event, we find that the allocution established the requisite elements of burglary in the first degree and that defendant knowingly and intelligently pleaded guilty thereto *(see, People v Harris,*61 NY2d 9).

In conclusion, we note that the imposed sentence of *3 ¥2*to *10¥2*years’ imprisonment, which was actually a lesser term than that bargained for by defendant, was appropriate under the circumstances of this case. Thompson, J. P., Brown, Niehoff and Lawrence, JJ., concur.
# C_2021009EN.01003301.xml

| 11.1.2021 | EN | Official Journal of the European Union | C 9/33 |
| --- | --- | --- | --- |

11.1.2021

EN

Official Journal of the European Union

C 9/33

---

Order of the General Court of 6 October 2020 — Cipriani v EUIPO — Hotel Cipriani (ARRIGO CIPRIANI)

(Case T-325/19) (1)

(2021/C 9/47)

Language of the case: English

The President of the Fifth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 246, 22.7.2019.

---
#### In the Matter of Richard G., a Person Alleged to be a Juvenile Delinquent, Appellant.

[942 NYS2d 868]—

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about April 7, 2011, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of robbery in the second degree and grand larceny in the fourth degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. Appellant’s conduct before, during, and after the robbery, including his demeanor and his positioning in relation to the victim and the other participants, was inconsistent with that of a mere by*456stander; instead, this pattern of conduct established appellant’s accessorial liability *(see Matter of Justice G.,*22 AD3d 368 [2005]). Concur — Saxe, J.P., Sweeny, Moskowitz, Freedman and Manzanet-Daniels, JJ.
#### James L. SNIDER, Petitioner-Appellant, v. CURRY, Warden, Respondent-Appellee.

No. 08-15805.

United States Court of Appeals, Ninth Circuit.

Submitted June 15, 2011.*

Filed July 7, 2011.

James L. Snider, Soledad, CA, pro se.

*256Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *256*See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

California state prisoner James L. Snider appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition challenging the Board’s 2006 decision denying him parole. We dismiss.

Snider contends that the California Penal Code § 3041 creates a federally protected liberty interest in parole and that the Board’s failure to set a parole date at his 2006 hearing violated his federal constitutional rights. Snider also contends that the Board violated his rights under the Equal Protection Clause.

After briefing was completed in this case, this court held that a certificate of appealability is required to challenge the denial of parole. *See Hayward v. Marshall,*603 F.3d 546, 554-55 (9th Cir.2010) (en banc). Because Snider has not has made a substantial showing of the denial of a federal constitutional right, we decline to certify his claims. *See Swarthout v. Cooke,*— U.S.-, 131 S.Ct. 859, 862-63, 178 L.Ed.2d 732 (2011) (per curiam); 28 U.S.C. § 2253(c).

Snider’s motion for appointment of counsel is denied.

DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Roni Singer, Formerly Known as Roni S. Williams v. Robert 

L. Singer

Appellate case number: 01-14-00226-CV

Trial court case number: 2012-71242

Trial court: 247th Judicial District Court of Harris County

On July 31, 2014, this case was abated and remanded to the trial court to enter the 

written findings of fact and conclusions of law requested by appellant. In that Order of 

Abatement, we also stated that this appeal would be reinstated once a supplemental 

clerk’s record that complies with that order was filed with the Clerk of this Court. On 

August 26, 2014, the trial court clerk filed a compliant supplemental clerk’s record with 

findings of fact and conclusions of law.

Accordingly, we sua sponte REINSTATE this case on the Court’s active docket.

The appellant’s brief is ORDERED to be filed within 30 days of the date of this 

order, with no further extensions. See TEX. R. APP. P. 2, 38.6(a).

The appellee’s brief, if any, is ORDERED to be filed within 30 days of the filing 

of appellant’s brief. See TEX. R. APP. P. 38.6(b).

It is so ORDERED.

Judge’s signature: /s/ Laura C. Higley



Date: September 4, 2014
Exhibit 32.1

Written
Statement of the Chief Executive Officer Pursuant to 18 U.S.C. Section 1350

Pursuant
to 18 U.S.C. Section 1350, the undersigned officer of Traffix, Inc. ("Registrant"), hereby certifies that the Registrant's annual Report on
Form 10-K for the year ended November 30, 2003 (the "Report") fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange
Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.

| |  |                                                                               
| |  | ------------------------------------------------------------------------------
| |  | /s/JEFFREY L. SCHWARTZJEFFREY L. SCHWARTZ
Chairman and Chief Executive Officer

---

QuickLinks
# C_2012118EN.01003001.xml

| 21.4.2012 | EN | Official Journal of the European Union | C 118/30 |
| --- | --- | --- | --- |

21.4.2012

EN

Official Journal of the European Union

C 118/30

---

Action brought on 15 February 2012 — Beco v Commission

(Case T-81/12)

2012/C 118/50

Language of the case: German

Parties

Parties

Applicant: Beco Metallteile-Handels GmbH (Spaichingen, Germany) (represented by: T. Pfeiffer, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the Commission's decision of 13 December 2011 (Az. K(2011) 9112 final); |
| --- | --- |

—

annul the Commission's decision of 13 December 2011 (Az. K(2011) 9112 final);

| — | order the Commission to pay the costs, pursuant to Article 87(2) of the Rules of Procedure of the General Court. |
| --- | --- |

—

order the Commission to pay the costs, pursuant to Article 87(2) of the Rules of Procedure of the General Court.

Pleas in law and main arguments

Pleas in law and main arguments

In support of its action, the applicant claims that its application for a refund of anti-dumping duties, which was refused by the Commission's decision of 13 December 2011, was, contrary to the Commission's view, not lodged out of time and was therefore admissible.

The applicant states in this respect that the application was lodged within the 6-month period, in accordance with Article 11(8) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community. (1) According to the wording of Article 11(8) of Regulation No 384/96, the application for a refund is subject to the condition that the duties determined have been paid by the applicant for a refund. Contrary to the view of the Commission, the 6-month period laid down in Article 11(8) of Regulation No 384/96 cannot expire before the application for a refund is admissible.

1

Furthermore, in accordance with the Commission notice concerning the reimbursement of anti-dumping duties of 29 May 2002, (2) applications for refunds can ‘only be submitted in respect of transactions for which anti-dumping duties have been fully paid’ (point 2.1(b)). That notice also states expressly that an importer may apply for a refund only if he ‘can demonstrate that he has paid anti-dumping duties either directly or indirectly for a specific importation’ (point 2.2(a)).

2

The applicant further claims that the decision of 13 December 2011 infringes the applicant's legitimate expectation based on the Commission notice of 29 May 2002 as well as the principle of good faith.

The applicant further submits that the decision of 13 December 2011 infringes the principle of legal certainty.

---

(1)  Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1).

1

(2)  Commission notice concerning the reimbursement of anti-dumping duties (2002/C 127/06) of 29 May 2002 (OJ 2002 C 127, p. 10).

2

---