alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
##### 



UNITED STATES SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549-0001
 
 FORM 10-Q/A
 (Amendment No. 2)
  þ
    
    QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934For the three months ended June 30, 2005
 OR
 o
    
    TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
 Commission File Number 000-23699
 
 VISUAL NETWORKS, INC.
  Delaware
(State or other jurisdiction of
incorporation or organization)
    
    52-1837515
(I.R.S. Employer Identification No.)
 2092 Gaither Road, Rockville, MD
(Address of principal executive offices)
    
    20850-4013
(Zip code)
  
 þ o
 þ o




---



##### 



Explanatory Note




---



##### 



PART II. OTHER INFORMATIONItem 6. Exhibits
    
    
    1Signatures
    
    
    2




---



##### 



PART II  OTHER INFORMATION


Item 6. Exhibits


Exhibit Number
    
    Description4.1*
    
    Revolving Promissory Note of Visual Networks, Inc.
and subsidiaries, dated June 17, 2005.10.1#
    
    Loan and Security Agreement, dated June 17, 2005, by
and among Visual Networks, Inc. and subsidiaries and
Silicon Valley Bank.10.2
    
    Employment Agreement, dated April 21,
2005, by and between Visual Networks Operations, Inc.
and Lawrence S. Barker.31.1
    
    Certification of Chief Executive Officer Pursuant to
Rule 13a-14(a) under the Securities Exchange Act of
1934 as Adopted Pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002.31.2
    
    Certification of Chief Financial Officer Pursuant to
Rule 13a-14(a) under the Securities Exchange Act of
1934 as Adopted Pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002.32.1$
    
    Certification of Chief Executive Officer Pursuant to
18 U.S.C. Section 1350 as Adopted Pursuant to Section
906 of the Sarbanes-Oxley Act of 2002.32.2$
    
    Certification of Chief Financial Officer Pursuant to
18 U.S.C. Section 1350 as Adopted Pursuant to Section
906 of the Sarbanes-Oxley Act of 2002.


*
    
    Incorporated herein by reference to the Companys Quarterly Report on Form 10-Q for the
three months ended June 30, 2005.#
    
    Incorporated herein by reference to the Companys
Quarterly Report on Form 10-Q/A (Amendment No. 1) for the three months ended June 30, 2005.
    
    Confidential treatment requested for certain portions of this Exhibit pursuant to Rule 24b-2
of the Securities Exchange Act of 1934, as amended, which portions are omitted and filed
separately with the Securities and Exchange Commission.$
    
    Previously furnished as an exhibit to the Company's Quarterly
Report on Form 10-Q for the three months ended June 30, 2005. 1




---



##### 



VISUAL NETWORKS, INC.By:
    /s/ Lawrence S. BarkerLawrence S. BarkerPresident and Chief Executive
Officer  By:
    /s/ Donald E. ClarkeDonald E. ClarkeExecutive Vice President and Chief
Financial Officer  2
*Pursuant to 5

TH 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

FOR THE FIFTH CIRCUIT

No. 98-11077

Summary Calendar

THOMAS SCOTT MOLLOY,

Petitioner-Appellant,

versus

J. KEITH PRICE, Senior Warden, PhD;

GARY L. JOHNSON, Director, TEXAS

DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION,

Respondents-Appellees.

Appeal from the United States District Court

for the Northern District of Texas

(4:97-CV-173-Y)

June 14, 1999

Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Thomas Scott Molloy, a Texasstate prisoner, appealsthe denial of his habeas corpus

petition, filed under 28 U.S.C. § 2254. Molloy contends that his defense attorney’s prior

involvement as a prosecutor created a conflict of interest amounting to per se ineffective

assistance of counsel. Molloy also asserts that the denial of his application for habeas relief

by the state court is subject to de novo review.

Molloy’s position with respect to the standard of review is without merit. As held by
 

1 See U.S.C. § 2254(d)(1); Drinkard v. Johnson, 97 F.3d 751 (5th Cir. 1996).

 

2 Strickland v. Washington, 466 U.S. 668 (1984).

 

3 Cuyler v. Sullivan, 446 U.S. 335 (1980).

 

4 See United States v. Maria-Martinez, 143 F.3d 914 (5th Cir. 1998), cert. denied, 119 S.Ct. 876

(1999).

2

the district court in its order denying habeas relief, the properstandard of review for federal

habeas applications presenting mixed questions of law and fact, such asis herein presented,

is whether the state court decision unreasonably applied federal law.1

Molloy’s contention that his defense counsel’s alleged conflict of interest constituted

ineffective assistance of counsel also lacks merit. Molloy has failed to satisfy the usual

ineffective assistance of counsel test – he has not demonstrated error by counsel falling

below the objective standard of reasonableness and which, with reasonable probability,

changed the result of the trial.2 Nor has he satisfied the more lenient standard arguably

applicable to this case; he has not established that an actual conflict of interest adversely

affected his counsel’s performance.3 Finally, Molloy’s requested application of a perse rule

of ineffective assistance of counsel is not warranted in this case.4

Accordingly, we perceive no error in the district court’s judgment.

AFFIRMED.
Glen Canyon Releases - WY 2000

Based on January 2000 Mid-Month Forecast

0

5000

10000

15000

20000

25000

Oct-99

Nov-99

Dec-99

Jan-00

Feb-00

Mar-00

Apr-00

May-00

Jun-00

Jul-00

Aug-00Sep-00

Cubic Feet per Second

10% Exceedance - 10.98 MAF Release

25 % Exceedance - 9.46 MAF Release

50% Exceedance - 8.57 MAF Release

60% Exceedance - 8.23 MAF Release
# EUR-Lex - 52006AP0587 - EN

Important legal notice

*|*

# 52006AP0587

**European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council on driving licences (9010/1/2006 - C6-0312/2006 - 2003/0252(COD)) **

*
Official Journal 317 E , 23/12/2006 P. 0701 - 0701 *

20061223

P6_TA(2006)0587

Driving licenses ***II

European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council on driving licences (9010/1/2006 — C6-0312/2006 — 2003/0252(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the Council common position (9010/1/2006 — C6-0312/2006),

- having regard to its position at first reading [1] on the Commission proposal to Parliament and the Council (COM(2003)0621) [2],

- having regard to Article 251(2) of the EC Treaty,

- having regard to Rule 62 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0414/2006);

1. Approves the common position as amended;

2. Instructs its President to forward its position to the Council and Commission.

[1] OJ C 304 E, 1.12.2005, p. 138.

[2] Not yet published in OJ.

--------------------------------------------------
#### In the Matter of Alexandra VanBuren, Respondent, v Williamsville Central School District, Appellant.

[945 NYS2d 894]

Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered April 4, 2011. The order granted claimant’s application for leave to serve a late notice of claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present — Smith, J.P., Fahey, Peradotto, Sconiers and Martoche, JJ.
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 report of Impac Mortgage Holdings, Inc. (the Company) on Form 10-Q for the period ending September 30, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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; 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/ Joseph R. Tomkinson
|Joseph R. Tomkinson    
|Chief Executive Officer
|November 8, 2005       
|                       
|/s/ Richard J. Johnson 
|Richard J. Johnson     
|Chief Financial Officer
|November 8, 2005       



A signed original of
this written statement required by Section 906 has been provided to Impac Mortgage Holdings, Inc. and will be retained by Impac Mortgage Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
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|                           |   | State      or Other Jurisdiction |
|--------------------------------|--------|----------------------------------|
| Name                           |   | of      Formation                |
|                           |   |                             |
| Antares      Pharma AG         |   | Switzerland                      |
| Antares      Pharma IPL AG     |   | Switzerland                      |
| Permatec      NV               |   | Netherlands,      Antilles       |
| Antares      Pharma UK Limited |   | United      Kingdom              |
|                           |   |                             |
|                           |   |                             |
|                           |   |                             |
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# United States Court **of Appeals** 
**f or the Fifth Circuit** 

No. 20

- 11160

**United States of America,**

Plaintiff

— Appellee **,**

versus

**James R. Markwith,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:20

- CV

- 1206

Before **Stewart, Haynes,** and **Graves,** Circuit Judges

**. Per Curiam**  **:** *

James Markwith appeals the denial of his motion for compassionate
release under the First S tep Act. See 18 U.S.C. § 3582(c)(1)(A)(i)

. The
district court denied Markwith’s motion without the benefit of intervening Fifth Circuit authority. W e therefore **VACATE** t he district court ’ s order

* Pursuant to **5th Cir cuit**  **R ule**  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 cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 2, 2021
Lyle W. Ca yce Clerk Case: 20-11160 Document: 00516077319 Page: 1 Date Filed: 11/02/2021No. 20

- 11160

2 and **REMAND** for further consideration in light of United States v. Shkambi , 993 F.3d 388 (5th Cir. 2021)

. Case: 20-11160 Document: 00516077319 Page: 2 Date Filed: 11/02/2021
EXHIBIT 32.1

                                  CERTIFICATION

     Certification  Pursuant  to Section 906 of the  Sarbanes-Oxley  Act of 2002
(Subsections (a) and (b) of Section 1350,  Chapter 63 of Title 18, United States
Code)

     Pursuant to section 906 of the  Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of section 1350,  chapter 63 of title 18,  United States Code),  each of
the undersigned officers of Zoom Technologies, Inc., a Delaware corporation (the
"Company"),  does hereby  certify,  to the best of such officer's  knowledge and
belief, that:

(1)  The Annual  Report on Form 10-K for the year ended  December  31, 2004 (the
     "Form 10-K") of the Company 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  Form  10-K  fairly  presents,  in all
     materials  respects,  the financial  condition and results of operations of
     the Company.



Dated:  March 30, 2005                       /s/ Frank B. Manning
                                            ------------------------------------
                                            Frank B. Manning
                                            Chief Executive Officer



<PAGE>
                                  EXHIBIT 32.2

                                  CERTIFICATION

Certification  Pursuant  to  Section  906 of  the  Sarbanes-Oxley  Act  of  2002
(Subsections (a) and (b) of Section 1350,  Chapter 63 of Title 18, United States
Code)

     Pursuant to section 906 of the  Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of section 1350,  chapter 63 of title 18,  United States Code),  each of
the undersigned officers of Zoom Technologies, Inc., a Delaware corporation (the
"Company"),  does hereby  certify,  to the best of such officer's  knowledge and
belief, that:

(1)  The Annual  Report on Form 10-K for the year ended  December  31, 2004 (the
     "Form 10-K") of the Company 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  Form  10-K  fairly  presents,  in all
     materials  respects,  the financial  condition and results of operations of
     the Company.


Dated:  March 30, 2005                       /s/ Robert A. Crist
                                            ------------------------------------
                                            Robert A. Crist
                                            Chief Financial Officer
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