alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CERTIFICATION OF PERIODIC REPORT
                        --------------------------------

I,  Raymond R. Brandstrom, Vice President of Finance and Chief Financial Officer
of Emeritus Corporation (the "Company"), certify, pursuant to Section 906 of the
Sarbanes-Oxely  Act  of  2002,  18  U.S.C.  Section  1350  that:

(1)     the  Quarterly  Report  on  Form  10-Q  of the Company for the quarterly
period  ended  June 30, 2002 (the "Report") fully complies with the requirements
of  Section  13  (a) or 15 (d) of the Securities Exchange Act of 1934 (15 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 the Company.

Dated:  August  14,  2002


     /s/  Raymond  R.  Brandstrom
     -----------------------------
     Raymond  R.  Brandstrom
     Vice  President  of  Finance
     Chief  Financial  Officer
EXHIBIT 99.1


                            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 Quarterly Report of Secure Computing Corporation (the
"Company") on Form 10-Q for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John
McNulty, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 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 result of operations of the
Company.



/s/ John McNulty
-----------------------
John McNulty
Chief Executive Officer
August 13, 2002
#### UNITED STATES of America, Plaintiff-Appellee, v. David REYNA, Defendant-Appellant.

No. 05-10755

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 24, 2007.

J. Michael Worley, Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

Federal Public Defender’s Office, Northern District of Texas, Fort Worth, TX, for Defendant-Appellant.

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

David Reyna appeals his 24-month sentence following the revocation of his su*458pervised release. Reyna argues that the district court’s departure from the recommended guidelines range was unreasonable. He also contends that the district court provided inadequate justification for the sentence imposed.

The sentence imposed, while in excess of the range recommended by the guidelines, was within the statutory maximum term. *See*18 U.S.C. § 3583(e)(3). Reyna has not shown that his 24-month sentence was either unreasonable or plainly unreasonable. *See United States v. Hinson,*429 F.3d 114, 119-20 (5th Cir.2005), *cert. denied,*547 U.S. 1083, 126 S.Ct. 1804, 164 L.Ed.2d 540 (2006).

Further, the record demonstrates that the district court did consider the relevant 18 U.S.C. § 3553(a) sentencing factors. The district court noted that it was familiar with Reyna’s background and inquired into the disposition of the subsequent drug charge that primarily led to the revocation. The district court also was concerned by Reyna’s return to criminal activity within three months of his release to supervision. The district court stated that it felt that Reyna’s recidivism showed a disrespect for the law and that the recommended guidelines range was inadequate to address his conduct. Thus, the record demonstrates that the district court considered the relevant sentencing factors and articulated sufficient reasons to support the sentence. *See United States v. Mares,*402 F.3d 511, 518-19 (5th Cir.), *cert. denied,*546 U.S. 828, 126 S.Ct. 43, 163 L.Ed.2d 76 (2005).

AFFIRMED.

*

 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.
#### DARRAH, Respondent, v. BOYS et al., Appellants.

(Supreme Court, General Term, First Department.

May 18, 1894.)

Action by James W. Darrah against James Boys and another.

Argued before VAN BRUNT, P. J., and FOLLETT and PARKER, JJ.

A. T. Cushman, for appellants.

C. C. Keeler, for respondent.

No opinion. Order affirmed, with $10 costs and disbursements.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED August 20, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-50111 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FERNANDO ESCOBEDO-GUERRERO, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. A-02-CR-257-ALL-SS

-------------------- Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM: * Fernando Escobedo-Guerrero appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Escobedo-Guerrero contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should have been alleged in his indictment. Escobedo-Guerrero maintains thatNo. 03-50111 -2- he pleaded guilty to an indictment which charged only simple reentry under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the two-year maximum term of imprisonment which may be imposed for that offense.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Escobedo-Guerrero acknowledges that his argument is foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
# C_2021459EN.01000501.xml

| 12.11.2021 | EN | Official Journal of the European Union | C 459/5 |
| --- | --- | --- | --- |

12.11.2021

EN

Official Journal of the European Union

C 459/5

---

EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING

Publication of the final accounts for the financial year 2020

(2021/C 459/05)

The complete version of the final accounts may be found at the following address:

https://www.cedefop.europa.eu/files/cedefops_final_annual_accounts_2020_-_including_financial_statements.pdf

---
Exhibit 32.1

Certifications pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350, as adopted).

I, Elizabeth
McLaughlin, Chief Executive Officer of Hot Topic, Inc., certify that:

1. I have reviewed this annual report on Form 10-K of Hot Topic,
Inc.;

2. Based on my knowledge, this annual report fully complies with the requirements of Section 13(a) or Section 15(d) of the
Securities Exchange Act of 1934, as amended; and

3. Based on my knowledge, the financial statements, and other information included in
this annual report, fairly present in all material respects the financial condition and results of operations of the registrant as of, and for, the periods presented in this annual report.

Date: March 22, 2006

/S/    ELIZABETH
MCLAUGHLINElizabeth McLaughlinChief Executive Officer(Principal Executive Officer)


A signed original of this written statement required by Section 906 has been provided
to Hot Topic, Inc. and will be retained by Hot Topic, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

This certification accompanies the Form 10-K, is not deemed filed with the SEC and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange
Act of 1934, as amended (whether made before or after the date of the Form 10-K), irrespective of any general incorporation language contained in such filing.

I, James McGinty, Chief Financial Officer of Hot Topic, Inc., certify that:

1. I have reviewed this annual
report on Form 10-K of Hot Topic, Inc.;

2. Based on my knowledge, this annual report fully complies with the requirements of
Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and

3. Based on my knowledge, the financial
statements, and other information included in this annual report, fairly present in all material respects the financial condition and results of operations of the registrant as of, and for, the periods presented in this annual report.

Date: March 22, 2006

/S/    JAMES
MCGINTYJames McGintyChief Financial Officer(Principal Financial Officerand Principal Accounting Officer)


A signed original of this written statement required by Section 906 has been provided
to Hot Topic, Inc. and will be retained by Hot Topic, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

This certification accompanies the Form 10-K, is not deemed filed with the SEC and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange
Act of 1934, as amended (whether made before or after the date of the Form 10-K), irrespective of any general incorporation language contained in such filing.
Exhibit 99.1








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 Quarterly Report of Secure Computing Corporation (the Company) on Form
10-Q for the period ending September 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John McNulty, Chief Executive 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:





(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/    JOHN MCNULTY





John McNulty


Chief Executive Officer


November 13, 2002
<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 First Acceptance Corporation on Form
10-K for the period ending June 30, 2005, as filed with the Securities and
Exchange Commission on September 12, 2005 (the "Report"), I, Charles D.
Hamilton, Chief Financial Officer of First Acceptance Corporation, 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.

/s/ CHARLES D. HAMILTON
-------------------------------------
Charles D. Hamilton
Chief Financial Officer
September 13, 2005
Exhibit
10.1 


 


AMENDMENT
TO


ONCOCYTE
CORPORATION


2018
EQUITY INCENTIVE PLAN


 


Approved
by Shareholders July 24, 2021


 


Section
4.1 of the OncoCyte Corporation 2018 Equity Incentive Plan is amended to read as follows:


 


4.1
Subject to adjustment in accordance with Section 11, a total of 21,000,000 shares of Common Stock shall be available for
the grant of Awards under the Plan. Any shares of Common Stock granted in connection with Options and Stock Appreciation Rights shall
be counted against this limit as one share for every one Option or Stock Appreciation Right awarded. Any shares of Common Stock granted
in connection with Awards other than Options and Stock Appreciation Rights shall be counted against this limit as two (2) shares of Common
Stock for every one (1) share of Common Stock granted in connection with such Award. During the terms of the Awards, the Company shall
keep available at all times the number of shares of Common Stock required to satisfy such Awards.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 228 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 228

 To amend title I of the Omnibus Crime Control and Safe Streets Act of 
 1968 to extend the authorization of the Bulletproof Vest Partnership 
                Grant Program through fiscal year 2018.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2015

 Mr. LoBiondo (for himself and Mr. Visclosky) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend title I of the Omnibus Crime Control and Safe Streets Act of 
 1968 to extend the authorization of the Bulletproof Vest Partnership 
                Grant Program through fiscal year 2018.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bulletproof Vest Partnership Grant 
Act of 2015''.

SEC. 2. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR BULLETPROOF 
              VEST PARTNERSHIP GRANT PROGRAM.

    Section 1001(a)(23) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by striking 
``2012'' and inserting ``2018''.
                                 <all>
```
xml version="1.0" encoding="UTF-8"?


C\_2006230EN.01001101.xml


| | | | |
| --- | --- | --- | --- |
| 23.9.2006 | EN | Official Journal of the European Union | C 230/11 |

---

List of recognised hop producer groups and associations

(2006/C 230/06)

This publication is in conformity with Article 6(2) of Commission Regulation (EEC) No 1351/72 on the recognition of producer groups for hops.

BELGIUM

| | |
| --- | --- |
| 1. | Poperingse Afzetcoöperatie voor Hop SV (Pacohop SV), Korte Werf 9, B-8970 Poperinge |

| | |
| --- | --- |
| 2. | Nieuwe Hoptelersbelangengroep CV, Poperingseweg 412, B-8908 Vlamertinge |

GERMANY

| | |
| --- | --- |
| 1. | HVG Hopfenverwertungsgenossenschaft e. G., Kellerstraße 1, D-85283 Wolnzach |

| | |
| --- | --- |
| 2. | Hopfenverwertungsgenossenschaft Spalt e. G., D-91174 Spalt |

SPAIN

| | |
| --- | --- |
| 1. | Grupo de cultivadores de Lúpulo de Carrizo de la Ribera (APA no 1), Miralrio 2, Villanueva de Carrizo (León) |

| | |
| --- | --- |
| 2. | SAT ‘Orbigo’ no 9691 (APA no 3), Independencia 2, 2o, E-24001 León |

FRANCE

| | |
| --- | --- |
| 1. | Groupement de producteurs des planteurs de houblon d'Alsace ‘Cophoudal’, 22, rue des Roses, F-67110 Brumath |

| | |
| --- | --- |
| 2. | Groupement de producteurs des planteurs de houblon du Nord-Pas-de-Calais ‘Coophounord’, 505, route de Poperinghe, F-59299 Boeschepe |

AUSTRIA

| | |
| --- | --- |
| 1. | Erzeugergemeinschaft für Hopfen in Leutschach, Eichberg 3, A-8463 Leutschach |

| | |
| --- | --- |
| 2. | Hopfenbau Genossenschaft & Erzeugergemeinschaft, Linzer Straße 5, A-4120 Neufelden |

POLAND

| | |
| --- | --- |
| 1. | Roztoczańskie Zrzeszenie Producentów Chmielu, Żulice 16, PL-22-652 Telatyn |

| | |
| --- | --- |
| 2. | ‘Chmiel Wielkopolski’ Sp. z o.o., ul. Kolejowa 20, PL-64-300 Nowy Tomyśl |

| | |
| --- | --- |
| 3. | Lubelska Spółdzielcza Grupa Producentów Chmielu ‘Chmielarz’, ul. Partyzantów 12, PL-24-110 Nałęczów |

PORTUGAL

Bralúpulo — Produtores de lúpulo de Braga e Bragança, C.R.L., Lugar Vale d'Álvaro, Casa do Lavrador, P-5300-068 Bragança

SLOVENIA

Hmeljarska zadruga d.o.o., Vrečarjeva 14, SLO-3310 Žalec

SLOVAKIA

SLOVCHMEĽ družstvo, SK-916 24 Horná Streda

UNITED KINGDOM

| | |
| --- | --- |
| 1. | English Hops and Herbs Ltd, Hop Pocket Lane, Paddock Wood, Tonbridge, Kent TN12 6DQ, United Kingdom |

| | |
| --- | --- |
| 2. | Wealden Hops Ltd, Congelow, Benover Road, Yalding, Maidstone, Kent ME18 6ET, United Kingdom |

| | |
| --- | --- |
| 3. | Western Quality Hops Ltd, 3 Forge Bank, Bosbury, Ledbury, Herefordshire HR8 1QU, United Kingdom |

| | |
| --- | --- |
| 4. | Hawkbrand Hops Ltd, The Farm, Bosbury, Ledbury, Herefordshire HR8 1NW, United Kingdom |

---
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 15-14660

Non-Argument Calendar

________________________

D.C. Docket No. 1:14-cr-00059-WSD-CMS-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

versus

HERSCHELL HARVELL, JR., 

 Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Northern District of Georgia

________________________

(October 21, 2016)

Before WILSON, WILLIAM PRYOR and ROSENBAUM, Circuit Judges.

PER CURIAM: 

Case: 15-14660 Date Filed: 10/21/2016 Page: 1 of 3 
2

Herschell Harvell Jr. appeals his sentence of imprisonment for 32 months for 

two convictions of making false statements to a financial institution, 18 U.S.C. 

§ 1014. The district court increased Harvell’s offense level by two points for his 

use of a special skill in committing the offenses, U.S.S.G. § 3B1.3. Harvell argues 

that his previous employment with the United States Department of Housing and 

Urban Development, Office of the Inspector General, did not give him a special 

skill. We affirm.

We review for clear error the finding that Harvell used a special skill. 

United States v. De la Cruz Suarez, 601 F.3d 1202, 1219 (11th Cir. 2010). 

The district court did not clearly err in enhancing Harvell’s base offense 

level for his use of a special skill in fraud investigations to help him commit the

offenses of conviction. The average person would lack intimate knowledge of loan 

and real estate procedures. United States v. Calderon, 127 F.3d 1314, 1339 (11th 

Cir. 1997). But Harvell worked for the Housing Department for 15 years, which 

made his training “substantial.” U.S.S.G. § 3B1.3, cmt. n.4. He knew various 

“tricks of the trade” regarding mortgage fraud. Calderon, 127 F.3d at 1339. And he

used that special skill “in a manner that significantly facilitated the commission or 

concealment of the offense.” U.S.S.G. § 3B1.3. He concealed or misrepresented 

assets, income, living expenses, and business ownership. And the district court was 

Case: 15-14660 Date Filed: 10/21/2016 Page: 2 of 3 
3

entitled to find that he did so in a way that only a seasoned fraud investigator 

would know how to do. We affirm.

AFFIRMED.

Case: 15-14660 Date Filed: 10/21/2016 Page: 3 of 3
#### REIFSNYDER et al., Respondents, v. SLAVIN et al., Appellants.

(Supreme Court, Apellate Division, Third Department.

December , 1896.)

Action by Howard Beifsnyder and others against Thomas Slavin and others.

No opinion. Judgment affirmed, with costs. All concur.
# C_2021018EN.01000401.xml

| 18.1.2021 | EN | Official Journal of the European Union | C 18/4 |
| --- | --- | --- | --- |

18.1.2021

EN

Official Journal of the European Union

C 18/4

---

Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP, as implemented by Council Implementing Decision (CFSP) 2021/30, and in Council Regulation (EU) No 36/2012, as implemented by Council Implementing Regulation (EU) 2021/29, concerning restrictive measures in view of the situation in Syria

(2021/C 18/04)

The following information is brought to the attention of the persons that appear in Annex I to Council Decision 2013/255/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2021/30 (2), and in Annex II to Council Regulation (EU) No 36/2012 (3), as implemented by Council Implementing Regulation (EU) 2021/29 (4), concerning restrictive measures in view of the situation in Syria.

The Council of the European Union has decided that those persons should be included in the list of persons and entities in Annex I to Decision 2013/255/CFSP and Annex II to Regulation (EU) No 36/2012. The grounds for designation of those persons appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex III to Regulation (EU) No 36/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 16 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered, before 1 March 2021, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s next review, pursuant to Article 34 of Decision 2013/255/CFSP and Article 32(4) of Regulation (EU) No 36/2012, of the list of designated persons and entities.

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 147, 1.6.2013, p. 14.

(2)  OJ L 12I, 15.1.2021, p. 3.

(3)  OJ L 16, 19.1.2012, p. 1.

(4)  OJ L 12I, 15.1.2021, p. 1.

---