alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 5044** 

UNITED STATES OF AMERICA , Plaintiff

– Appellee ,
v. ANTHONY J. MARCANTONI, a/k/a Mr. Purple, a/k/a The Italian , Defendant

- Appellant
.

Appeal from the United States District Court for the District of Maryland , at Greenbelt
. Roger W. Titus, Senior District Judge. ( 8:10

- cr - 00777

- RWT

- 15 )

Submitted : April 10, 2014 Decided: April 25, 2014

Before MOTZ, KING, and FLOYD , Circuit Judges.

Affirmed by un published per curiam opinion
.
Robin M. Earnest, LAW OFFICE OF ROBIN EARNEST, Riverdale, Maryland, for Appellant. Mara Zusman Greenberg, Deborah A. Johnston, Assistant United States Attorney s , Greenbelt, Maryland, for Appellee.
Unpub lished opinions are not binding precedent in this circuit.2 PER CURIAM: Anthony J. Marcantoni pleaded guilty to conspiracy to distribute and possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846 (2012) . The district court
sentence d Marcantoni to 121 months of imprisonment. Marcantoni filed a timely notice of appeal. Five months later, Marcantoni filed a motion pursuant to 18 U.S.C. § 3504 (2012), to discover whether the Government had intercepted any communications between Marcan toni’s counsel and counsel for his codefendants. The district court denied Marcantoni’s motion and Marcantoni did not file a notice of appeal of that order. On appeal, Marcantoni argues that the district court erred in denying his motion. The Government has moved to dismiss the appeal based on the waiver of appellate rights contained in the plea agreement. For the reasons that follow, we affirm the judgment of the district court and deny as moot the motion to dismiss. Pursuant to a plea agreement, a d efendant may waive his appellate rig hts under 18 U.S.C. § 3742 (2012 ). United States v. Wiggins , 905 F.2d 51, 53 (4th Cir. 1990). A waiver will preclude appeal of a specific issue if the waiver is valid and the issue is within the scope of the waiver. U nited
States v. Blick , 408 F.3d 162, 168 (4th Cir. 2005). The question of whether a defendant validly waived his right to3 appeal is a question of law that this c ourt reviews de novo. Id. at 168. Here, the appellate waiver included any appeal of the

con viction and sentence pursuant to 18 U.S.C. § 3742 and 28
U.S.C. § 1291 (2012), except a sentence above the advisory Guidelines range. While we conclude that Marcantoni knowingly and intelligently agreed to waive his right to appeal, Marcantoni has not cha llenged his conviction or sentence on appeal. Rather, Marcantoni challenges only the district court’s order denying his post

- judgment motion pursuant to § 3504. As Marcantoni failed to file a notice of appeal of the district court’s order denying his mot ion, however, that order is not before this court. Accordingly, we affirm Marcantoni’s conviction and sentence, and deny as moot the Government’s motion to dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional
process.
AFFIRMED
**Exhibit32.1**

**CERTIFICATIONPURSUANT TO**

**SECTION 906 OF**

**THE SARBANES-OXLEY ACTOF 2002**

Inconnection with the Quarterly Report of Blount International, Inc. (the “Company”)on Form 10-Q for the period ended September 30, 2006 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,James S. Osterman, President and Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

A signed original of thiswritten statement required by Section 906 has been provided to BlountInternational, Inc. and will be retained by Blount International, Inc. andfurnished to the Securities and Exchange Commission or its staff upon request.

Date:November 9, 2006
| /s/ James S. Osterman     |   |
|---------------------------|--------|
| James S. Osterman         |
| Chairman of the Board and |
| Chief Executive Officer   |

 

----
<TABLE> <S> <C>


<ARTICLE>                     5

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<FISCAL-YEAR-END>                        JUN-30-2000
<PERIOD-START>                           JUL-1-1999
<PERIOD-END>                             JUN-30-2000
<CASH>                                             983
<SECURITIES>                                         0
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<CURRENT-ASSETS>                                   983
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<CURRENT-LIABILITIES>                             5525
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<COMMON>                                          4886
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<TOTAL-LIABILITY-AND-EQUITY>                       983
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</TABLE>
#### Raymond Knoer, Respondent, v Evelyn M. Pace et al., Appellants.

— Appeal unanimously dismissed, without costs. Memorandum: The appeal is dismissed as moot since the power of attorney expired on the death of the grantor. Were we to reach the merits, we would reverse as respondent has no standing to commence this proceeding. (Appeal from order of Supreme Court, Erie County, McGowan, J. — accounting.) Present — Callahan, J. P., Denman, Boomer, Balio and Lawton, JJ.
**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 China Kangtai Cactus Bio-Tech Inc.’s (the “Company”) Annual
        Report on Form 10-KSB for the year ended December 31, 2006 as filed with
        the Securities and Exchange Commission on the date hereof (the “Report”), I,
        Hong Bu, Chief Financial 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, to the best of my knowledge:
  (1)  The
        Report fully complies with the requirements of Section 13(a) or
        15(d) of the Securities Exchange Act of 1934, as amended, and
  (2)  The
        information contained in the Report fairly presents in all material respects
        the
        financial condition and results of operations of the Company.
  A
        signed
        original of this written statement required by Section 906, another
        document authenticating, acknowledging or otherwise adopting the signature
        that
        appears in typed form within the electronic version of this written statement
        required by Section 906, has been provided to the Company and will be
        retained by the Company and furnished to the Securities and Exchange Commission
        or its staff upon request.
  Dated: April
        15 ,
        2008
  /s/Hong
                  BuHong
                  BuChief Financial Officer, Director and Principal Financial and Accounting Officer
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 Quarterly Report of Northwest Pipe Company (the Company) on Form 10-Q for the period
ended June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brian W. Dunham, President and 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 results of operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                     
|-------------------------------------
|                                     
|/s/ Brian W. Dunham                  
|Brian W. Dunham                      
|President and Chief Executive Officer
|August 8, 2008
EXHIBIT
32.2







PERICOM
SEMICONDUCTOR CORPORATION








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







In
connection with this quarterly report of Pericom Semiconductor Corporation (the
“Company”) on Form 10-Q for the three months ended March 27, 2010 (the
“Report”), I, Aaron Tachibana, Chief Financial Officer of the Company, hereby
certify as of the date hereof, solely for purposes of Title 18, Chapter 63,
Section 1350 of the United States Code, that to the best of my
knowledge:


(1) the
Report fully complies with the requirements of Section 13(a) or 15(d), as
applicable, 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 at the dates
and for the periods indicated.






May
      6, 2010By:
              /s/ Aaron
      TachibanaAaron
      TachibanaChief
      Financial OfficerPericom
      Semiconductor Corporation




49
387 P.2d 234

#### Eleanor W. SPECTOR, Petitioner, v. The Honorable Yale McFATE, Judge, Superior Court of Maricopa County, Respondent, and Albert B. Spector, Real Party in Interest.

No. 8085.

Supreme Court of Arizona. En Bane.

Dec. 6, 1963.

*89Moore, Romley, Kaplan, Robbins & Green, Phoenix, for petitioner.

Lewis, Roca, Scoville, Beauchamp & Linton, Phoenix, for Albert B. Spector.

STRUCKMEYER, Justice.

On September 27, 1963, Eleanor W. ■Spector filed a petition for Writ of Man■damus directed to the Superior Court of Maricopa County and the Honorable Yale McFate, Judge thereof, to compel compliance with our mandate in Spector v. Spector, 94 Arizona 175, 382 P.2d 659.

We issued the alternative writ on these facts: The decision in Spector v. Spector was -the final determination of an action in which petitioner herein appealed and Albert B. Spector cross-appealed from a judgment of divorce. One of the principal issues presented was whether the court below divided the community property according to law. We said:

> “ * * * this court holds that there shall be an additional payment of $27,-884.50 at 6% interest from the date of the original decree made by the husband to the wife on or before six years from date of judgment in the lower court.”

We also said:

> “We therefore direct the trial court to impose a lien on all the property of the husband as firm security for payments ordered by the trial court. As these payments are made the husband may apply to the trial court to release property as the trial court, in the exercise of its judgment deems proper.”

These were the only modifications ordered. *In all other respects*the judgment of the lower court was affirmed and that affirmation became conclusive and binding upon the superior court and the judge thereof. Pacific Greyhound Lines v. Brooks, 70 Ariz. 339, 220 P.2d 477.

Petitioner thereafter filed in the lower court a proposed judgment which strictly conformed to our decision as to the modifications ordered. Notwithstanding, the court below entered a judgment which in several of its aspects departed from and altered those portions of the judgment we had approved by affirmation. The superior court was absolutely without jurisdiction to render a judgment differing in one jot or tittle from that which this Court directed it to render. State v. Griffith, 54 Ariz. 436, 96 P.2d 752.

*90The judgment of . September 18, 1963, is vacated and the court below is directed to enter judgment in accordance with and in the language of petitioner’s proposed judgment.

Writ made permanent.

UDALL, V. C. J., LOCKWOOD, J., and W. C. TRUMAN and JOHN F. MOLLOY. Superior Court Judges, concur..
#### The People of the State of New York, Respondent, v Tyrone Rolle, Appellant.

Submitted March 26, 2007;

decided March 29, 2007

Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
<Page>

                      CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (No.'s 333-51328, 333-67645, 333-79983, and 333-47205)
and Form S-3 (No. 333-64132) of CCC Information Services Group Inc. of our
report dated February 1, 2002, except as to paragraph 6 of Note 4, which is
as of March 15, 2002, relating to the financial statements and
financial statement schedule, which appears in this Form 10-K.

/s/ PricewaterhouseCoopers LLP

Chicago, Illinois
March 25, 2002
##### 



Exhibit 99.3

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 Pyramid Breweries Inc. (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,
Jason W. Rees, Chief Accounting 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/   JASON W. REES

Jason W. Rees
Chief Accounting Officer
November 8, 2002
|Exhibit 32.1


CERTIFICATION PURSUANT
TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002


Each of the undersigned hereby
certifies, in his capacity as an officer of Coast Casinos, Inc. (the Company),
for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to his knowledge:
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | o | the Quarterly Report of the Company on Form 10-Q for the period ended March 31, 2004 fully
complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934;
and
| | - | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | o | the information contained in such report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
| | - | -----------------------------------------------------------------------------------------------------------------------------------------------------

|                                                                    | 
|------------------------------------------------------------------- | 
|Date:  May 13, 2004                                                 | 
|/s/ Michael J. Gaughan                                              | 
|Michael J. Gaughan
Chairman of the Board andChief Executive Officer | 
|/s/ Gage Parrish                                                    | 
|Gage Parrish
Vice President andChief Financial Officer              | 

|A signed original of this written
statement required by Section 906 has been provided to Coast Casinos, Inc. and will be
retained by Coast Casinos, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
#### The People of the State of New York, Respondent, v Charles T. Smith, Appellant.

Memorandum: Defendant was arrested and transported to the police station after he was identified as a participant in the burglary of the home of an elderly victim. At the precinct, before defendant was given his *Miranda*warnings, a police officer asked him whether he was willing to talk to police about the burglary. Defendant replied: "Sure”. At that point, the officer read defendant his rights and defendant signed a waiver of rights card. Defendant gave a full confession, which was later reduced to a written statement. On appeal, defendant contends that his confession should have been suppressed because the actions of the police in securing an agreement to give a statement before giving defendant his *Miranda*warnings rendered the statement involuntary. We disagree.

The defendant did not give any statements of an incriminating nature prior to being given his *Miranda*warnings. There is no evidence in the record to indicate that defendant was so committed to his agreement to give a statement that the subsequent warnings were insufficient to protect his rights *(cf. People v Bastidas,*67 NY2d 1006; *People v Bethea,*67 NY2d 364; *People v Chapple,*38 NY2d 112; *People v Bodner,*75 AD2d 440). (Appeal from judgment of Erie County Court, Wolfgang, J. — robbery, second degree.) Present — Doerr, J. P., Denman, Green, Pine and Schnepp, JJ.
#### In the Matter of Hiram S. Gans, an Attorney, Respondent. Grievance Committee for the Ninth Judicial District, Petitioner.

Respondent has submitted an affidavit dated July 9, 1986, in which he tenders his resignation as an attorney and counselor-at-law.

There are three charges of professional misconduct pending against the respondent, each of them alleging that respondent failed to account for the moneys obtained from former clients; failed to repay said moneys; and improperly entered into a business transaction with each of these clients when respondent had differing interests than the clients and when the clients might reasonably have expected respondent to exercise professional judgment on their behalf.

*850Respondent indicates that his resignation is freely and voluntarily rendered; that he is not being subjected to coercion or duress; that he is fully aware of the implications of submitting his resignation; and that he could not successfully defend himself on the merits against the charges pending against him.

Under the circumstances herein, respondent’s resignation as a member of the Bar is accepted and directed to be filed; and it is ordered that respondent be disbarred and his name struck from the roll of attorneys and counselors-at-law, effective forthwith. Mollen, P. J., Lazer, Mangano, Thompson and Rubin, JJ., concur.
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 of American  Southwest  Holdings,  Inc.
(the  "Company")  on Form 10-QSB for the period  ending March 31, 2004, as filed
with the  Securities  and  Exchange  Commission  (the  Report),  I, Alan  Doyle,
President (Chief Executive Officer) and Treasurer  (Principal Financial 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 the report fully complies
with the  requirements of Section 13(a) or 15(d) 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
Company.

Date:  May 24, 2004



/s/ Alan Doyle
---------------------------------------
Alan Doyle
President (Chief Executive Officer) and
Treasurer (Principal Financial Officer)