alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>


                                                                      EXHIBIT 23


G. BRAD BECKSTEAD
-----------------
CERTIFIED PUBLIC ACCOUNTANT

                                                             330 E. Warm Springs
                                                             Las Vegas, NV 89119
                                                                    702.257.1984
                                                              702.362.0540 (fax)



December 26, 2001


To Whom It May Concern:

The firm of G. Brad Beckstead, CPA, consents to the inclusion of my report of
December 26, 2001, on the Financial Statements of Keystone Ventures, Inc. for
the years ended September 30, 2001 and 2000, and the period March 10, 1999
(inception) to September 30, 2001, in its Form 10KSB filing which is to be filed
with the US Securities and Exchange Commission.

Signed,

/s/ G. BRAD BECKSTEAD

G. Brad Beckstead, CPA
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5896 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5896

   To authorize an additional district judgeship for the district of 
                                 Idaho.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2010

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

_______________________________________________________________________

                                 A BILL

 
   To authorize an additional district judgeship for the district of 
                                 Idaho.

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

SECTION 1. DISTRICT JUDGESHIP FOR THE DISTRICT OF IDAHO.

    (a) In General.--The President shall appoint, by and with the 
advice and consent of the Senate, 1 additional district judge for the 
district of Idaho.
    (b) Technical and Conforming Amendment.--In order that the table 
contained in section 133(a) of title 28, United States Code, will 
reflect the change in the number of judgeships authorized by subsection 
(a), such table is amended by striking the item relating to Idaho and 
inserting the following:

        ``Idaho................................................    3''.
                                 <all>
```
<PAGE>

                                                                    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 Pyramid Breweries Inc. (the
"Company") on Form 10-Q for the period ending June 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Scott
Barnum, President and 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:

(1) The Report fully complies with the requirements of section 13(a) and 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/ SCOTT BARNUM
-------------------------------------
Scott Barnum
President and Chief Executive Officer
August 11, 2006
Exhibit 4(b)(5)



CONSENT OF INDEPENDENT AUDITORS



We consent to the incorporation by reference in the Registration Statement on Form S-8 (File Number 333-65904) of our report dated June 29,
2005, with respect to the consolidated financial statements of ViryaNet Ltd. included in its Annual Report on Form 20-F for the year ended December 31, 2004.



|                 |  |                                 
|---------------- |  | --------------------------------
|Tel-Aviv, Israel |  | KOST, FORER GABBAY and KASIERER 
|August 16, 2005  |  | A Member of Ernst & Young Global
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

EH/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ANTHONY LEON McCLAIN,

 Petitioner - Appellant,

 v.

DORA B. SCHRIRO; et al.,

 Respondents - Appellees.

No. 08-15279

D.C. No. CV-07-00328-SRB

MEMORANDUM *

Appeal from the United States District Court

for the District of Arizona

Susan R. Bolton, District Judge, Presiding

Submitted February 16, 2010** 

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

Arizona state prisoner Anthony Leon McClain appeals from the district

court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition. We have

jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm. 

FILED

MAR 05 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
EH/Research 2 08-15279

McClain contends that his aggravated sentence violates the Sixth

Amendment because the trial court relied on judge-found aggravating factors to

sentence him above the presumptive sentencing range. As an initial matter, we

reject the State’s contention that McClain has failed to exhaust this claim. See

Scott v. Schriro, 567 F.3d 573, 583 (9th Cir. 2009) (per curiam). Because the state

trial judge relied on at least one permissible factor in enhancing McClain’s

sentence, the Arizona Supreme Court’s decision rejecting this claim was neither

contrary to, nor an unreasonable application of, clearly established federal law. 

See 28 U.S.C. § 2254(d)(1); see also Butler v. Curry, 528 F.3d 624, 643 (9th Cir.

2008).

AFFIRMED.
<PAGE>

                                                                    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 Covad Communications Group,
Inc. (the Company) on Form 10-Q for the period ending September 30, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Charles E. Hoffman, 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 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; and

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

                             COVAD COMMUNICATIONS GROUP, INC.

                             By:             /s/ CHARLES E. HOFFMAN
                                 -----------------------------------------------
                                              Charles E. Hoffman
                                 President, Chief Executive Officer and Director

Date: November 9, 2004
<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 Quarterly Report of Covad Communications Group,
Inc. (the Company) on Form 10-Q for the period ending September 30, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Mark A. Richman, 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; and

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

                                         COVAD COMMUNICATIONS GROUP, INC.

                                         By:         /s/ MARK A. RICHMAN
                                             ----------------------------------
                                                       Mark A. Richman
                                                Executive Vice President and
                                                   Chief Financial Officer

Date: October 24, 2003
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

CEREMONIAL MISC. NO. 04-20

IN RE THE MATTER OF THE RETIREMENT OF DAVID JACKSON

Before BARTLEY, Chief Judge, and PIETSCH, GREENBERG,

ALLEN, MEREDITH, TOTH, FALVEY, LAURER, and JAQUITH, Judges, and

NEBEKER, KRAMER, HOLDAWAY, GREENE, KASOLD, 

HAGEL, MOORMAN, LANCE, DAVIS, and SCHOELEN, Senior Judges. 

O R D E R

On the occasion of his retirement, the Court acknowledges the long and exemplary service of 

David Jackson. Mr. Jackson began his Federal service in 1974 at the Securities and Exchange 

Commission, moved to the International Trade Commission in 1991, and joined the U.S. Court of 

Appeals for Veterans Claims on February 5, 2001.

As Records Management Clerk in the Court's Public Office for nearly 20 years, Mr. Jackson has 

continuously played a significant role in the efficient and effective operation of the Court. Before

implementation of the Court's Case Management-Electronic Case Filing (CM-ECF) system, Mr. 

Jackson earned the respect of his colleagues and judges by diligently ensuring that all hard copy and 

electronic files were complete and in order. With the advent of electronic filing, Mr. Jackson committed 

himself to an ongoing effort to move hardcopy records into virtual files, a task that proved invaluable 

once remote operations for almost the entire Court staff began in March 2020.

Amid the ongoing global pandemic, Mr. Jackson was one of the few essential staff who continued 

to work onsite to ensure that the Court's limited paper filings were sorted and scanned and that orders 

and notices were mailed to self-represented appellants and petitioners. Mr. Jackson's work in records 

management also enabled the Court's judges to more easily participate in oral arguments offsite. In 

short, Mr. Jackson was vital to keeping the Court open and able to seamlessly serve veterans seeking 

judicial review.

Through his many years of dedicated service, Mr. Jackson has quietly and effectively gone about 

the business of supporting the Court's operations; he will be missed as a trusted colleague and friend

who contributed considerably to the Court's administration of justice.

Upon consideration of the foregoing, and as he departs to enjoy retirement, it is

ORDERED that David Jackson take with him our admiration for his nearly 37-year dedicated 

Government career, our gratitude for the outstanding service he rendered to the Court, the warmth of 

our continued friendship, and our very best wishes.

DATED: October 2, 2020 PER CURIAM.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          APR-30-2001
<PERIOD-START>                             MAY-01-2000
<PERIOD-END>                               JUL-31-2000
<CASH>                                           2,645
<SECURITIES>                                    20,132
<RECEIVABLES>                                    6,113
<ALLOWANCES>                                       513
<INVENTORY>                                          0
<CURRENT-ASSETS>                                27,153
<PP&E>                                           3,656
<DEPRECIATION>                                   1,822
<TOTAL-ASSETS>                                  42,418
<CURRENT-LIABILITIES>                            9,202
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      30,454
<TOTAL-LIABILITY-AND-EQUITY>                    42,418
<SALES>                                              0
<TOTAL-REVENUES>                                 6,922
<CGS>                                                0
<TOTAL-COSTS>                                    2,593
<OTHER-EXPENSES>                                 5,411
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (323)
<INCOME-PRETAX>                                  (759)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (759)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (759)
<EPS-BASIC>                                     (0.06)
<EPS-DILUTED>                                   (0.06)


</TABLE>
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

No. 98-772

ROBERT F. KESSEL, APPELLANT,

V.

HERSHEL W. GOBER,

ACTING SECRETARY OF VETERANS AFFAIR, APPELLEE.

Before KRAMER, Chief Judge, and FARLEY,

HOLDAWAY, IVERS, STEINBERG, and GREENE, Judges.

O R D E R

On September 20, 1999, a majority of the Court, sitting en banc, issued an opinion in the

instant case affirming the April 8, 1998, decision of the Board of Veterans' Appeals (Board) that

denied the appellant's claim for service connection for residuals of a head injury with syncope and

possible brain lesion. Kessel v. West, 13 Vet.App. 9 (1999). The Court's judgment was entered on

October 13, 1999. The appellant appealed to the United States Court of Appeals for the Federal

Circuit (Federal Circuit).

Aftersubmission of the appeal to the Federal Circuit, but before that court issued a decision,

the appellant died. On August 14, 2000, the Federal Circuit issued an order dismissing the appeal

and denying a motion for substitution of heirs in the pending appeal. Kessel v. Gober, No. 00-7011

(Fed. Cir. Aug. 14, 2000).

This Court held in Landicho v. Brown that when a veteran dies during the pendency of the

appeal, the appropriate remedy is to vacate the Board decision from which the appeal was taken and

to dismiss the appeal. 7 Vet.App. 42, 54 (1994); see also Morton v. Gober, __ Vet.App. __, No. 96-

1517 (Nov. 6, 2000). Such action ensures that the Board decision and the underlying regional office

(RO) decision(s) will have no preclusive effect in the adjudication of any accrued-benefits claims

derived from the veteran's entitlements. It also nullifies the previous merits adjudication by the RO

because that decision was subsumed in the Board decision. See Yoma v. Brown, 8 Vet.App. 298

(1995) (relying on Robinette v. Brown, 8 Vet.App. 69, 80 (1995)); see also Hudgins v. Brown,

8 Vet.App. 365, 368 (1995) (per curiam order).

Based upon the foregoing, sua sponte, it is 

ORDERED that the Court's judgment in the instant case is recalled and its September 20,

1999, opinion is withdrawn. It is further
2

ORDERED that the April 8, 1998, decision of the Board is VACATED. It is further

ORDERED that this appeal is DISMISSED for lack of jurisdiction.

DATED: November 20, 2000 PER CURIAM.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

April 28, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh Elizabeth A. Weaver 135840 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 135840 COA: 275479 Oakland CC: 2006-210958-FC GREGORY HAMILTON, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the January 10, 2008 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.

d0421 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

April 28, 2008

Clerk
**EXHIBIT 32.1**

 

CERTIFICATIONPURSUANT TO 18 U.S.C. SEC. 1350,

ASADOPTED PURSUANT TO SECTION 906

OFTHE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Annual Report of IWT Tesoro Corporation (the “Company”) on Form 10-Kforthe year ended December 31, 2004, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Henry J. Boucher, Jr.,Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. sec.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that:

 

(1)                                  The Report fully complies with therequirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)                                  The information contained in the Report fairlypresents, in all material respects, the financial condition and result ofoperations of the Company.

 

Theforegoing certification shall not be deemed to be filed for the purposes of Section 18of the Securities and Exchange Act of 1934 or otherwise subject to liabilityunder that section.  This certificationshall not be deemed to be incorporated by reference into any filing under theSecurities Act of 1933 or the Exchange Act except to the extent that this Exhibit 32.1is expressly incorporated by reference in any such filing.

 
| Dated:  April 15, 2005 | /s/Henry J. Boucher, Jr. |   |
|----------------------------------|-------------------------------|--------|
|                             | Henry J. Boucher, Jr.    |
|                             | Chief Executive Officer       |

 

Asigned original of this written statement required by 18 U.S.C Section 1350has been provided to the Company and will be retained by the Company andfurnished to the Securities and Exchange Commission or its staff upon request.

 

----
#### UNION NAT. GAS-SAVING CO., Appellant, v. WESTHEIMER et al., Respondents.

(Common Pleas of New York City and County, General Term.

May 7, 1894.)

Appeal from third district court.

Action by the Union National Gas-Saving Company against Albert C. Westheimer and another.

Argued before BOOKSTAVER, BISCHOFF, and PRYOR, JJ.

O. H. Sanderson, for appellant.

O. I. Wise, for respondents.

No opinion. Ordered that the judgment be affirmed, without costs.
[Federal Register Volume 66, Number 9 (Friday, January 12, 2001)]
[Proposed Rules]
[Pages 2851-2852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1000]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 203

[Docket No. FR-4469-N-02]
RIN 2502-AH38


Withdrawal of Proposed Rule on Sources of Homeowner Downpayment 
Pursuant to Section 203 of the National Housing Act

AGENCY: Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner, HUD.

ACTION: Withdrawal of proposed rule.

-----------------------------------------------------------------------

SUMMARY: This Notice withdraws a proposed rule that would have 
prohibited gifts from non-profit organizations being used for the 
mortgagor's investment in a mortgaged property if the organization 
received the funds for the gift either directly or indirectly from the 
seller.

DATES: This notice is effective January 12, 2001.

FOR FURTHER INFORMATION CONTACT: Vance Morris, Director, Home Mortgage 
Insurance Division, Room 9266, Department of Housing and Urban 
Development, 451 Seventh Street, SW, Washington, DC 20410-8000, (202) 
708-2700 (this is not a toll-free number). For hearing-and speech-
impaired persons, this number may be accessed via TTY (text telephone) 
by calling the Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    On September 14, 1999, HUD published in the Federal Register a 
proposed rule to establish standards for the use of gifts provided by 
non-profit organizations as a source of the mortgagor's investment in 
the mortgaged property. The regulation would have permitted certain 
gifts by non-profit corporations for use as the mortgagor's investment, 
but would have prohibited them whenever they were directly or 
indirectly derived from the seller of the property, or if the seller

[[Page 2852]]

paid other consideration or reimbursement to the nonprofit for making 
the gift.
    The comment period closed on November 15, 1999. By the time of the 
close of the comment period, HUD received 1,871 comments. Only 21 of 
these comments favored the rule. The overwhelming majority of comments 
opposed the rule.
    Based on these public comments, HUD has determined to withdraw this 
proposed rule on sources of homeowner downpayment.

    Dated: January 2, 2001.
William C. Apgar,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 01-1000 Filed 1-11-01; 8:45 am]
BILLING CODE 4210-27-P
| · | The Quarterly Report of the Company on Form 10-Q for the quarterly period ended March 31, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| Date:  | May 11, 2010 | By:    |  /s/ Mark J. Gabrielson                 |
|--------|--------------|--------|----------------------------------------------|
|   |         |   | Mark J. Gabrielson                           |
|   |         |   | President and Chief Executive Officer        |
|   |         |   | (Principal Executive Officer)                |
|   |         |   |                                         |
| Date:  | May 11, 2010 | By:    |  /s/ Benjamin L. Palleiko               |
|   |         |   | Benjamin L. Palleiko                         |
|   |         |   | Senior Vice President and                    |
|   |         |   | Chief Financial Officer                      |
|   |         |   | (Principal Financial and Accounting Officer) |
**Exhibit 13.2****Certification****Pursuant to 18 U.S.C. Section 1350,**As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002In connection with the annual report of Metal Storm Limited (the “Company”) on Form 20-F for theperiod ending December 31, 2006, as filed with the Securities and Exchange Commission on the datehereof (the “Report”), I, Brett Farmer, in my capacity as Financial Controller of Metal Storm,certify, for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-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 SecuritiesExchange Act of 1934; and2. The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of Metal Storm.Date:May 18, 2007         By:                          /s/ BRETT FARMER    Name:  Brett Farmer    Title:  Financial Controller   The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is notbeing filed as part of the Report or as a separate disclosure document.