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



Exhibit 31.2
 CERTIFICATION
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-QSB of XATA Corporation;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the small business issuer as of, and for, the
periods presented in this report;4.
    
    The small business issuers other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:
 (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the small business issuer, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly during
the period in which this report is being prepared;(b)
    
    Evaluated the effectiveness of the small business issuers disclosure controls
and procedures and presented in this report our conclusions about the effectiveness of
the disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; and(c)
    
    Disclosed in this report any change in the small business issuers internal
control over financial reporting that occurred during the small business issuers most
recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of
an annual report) that has materially affected, or is reasonably likely to materially
affect, the small business issuers internal control over financial reporting; and
 5.
    
    The small business issuers other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the small
business issuers auditors and the audit committee of the small business issuers board of
directors (or persons performing the equivalent functions):
 (a)
    
    All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the small business issuers ability to record, process, summarize and report
financial information; and
 (b)
    
    Any fraud, whether or not material, that involves management or other employees
who have a significant role in the small business issuers internal control over
financial reporting.
  Signature:
    
    /s/ Mark E. TiesName:
    
    Mark E. TiesPrint Title:
    
    Chief Financial Officer
# Official Journal L 44/2021

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 44 |
| | |
| English edition | Legislation | Volume 649 February 2021 |

ISSN 1977-0677

Official Journal

of the European Union

L 44

English edition

Legislation

Volume 649 February 2021

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2021/147 of 2 February 2021 entering a name in the register of protected designations of origin and protected geographical indications (‘Český modrý mák’ (PGI)) | 1 |
| | * | Commission Implementing Regulation (EU) 2021/148 of 8 February 2021 amending Regulation (EU) No 257/2010 setting up a programme for the re-evaluation of approved food additives in accordance with Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives (
  1
  ) | 3 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2021/147 of 2 February 2021 entering a name in the register of protected designations of origin and protected geographical indications (‘Český modrý mák’ (PGI))

1

*

Commission Implementing Regulation (EU) 2021/148 of 8 February 2021 amending Regulation (EU) No 257/2010 setting up a programme for the re-evaluation of approved food additives in accordance with Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives (
  1
  )

1

3

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
* 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 April 21, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-51183 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus OMAR RENTERIA-HEREDIA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-03-CR-1144-DB-ALL

-------------------- Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM: * Omar Renteria-Heredia 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. Renteria-Heredia 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. Renteria-Heredia maintains thatNo. 03-51183 -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. Renteria-Heredia 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.
W.A. GRIFFIN, petitioner, v. AETNA HEALTH INC., et al.

No. 17-327.

Supreme Court of the United States

Oct. 16, 2017.

Petition for writ of certiorari before judgment to the United States Court of Appeals for the Eleventh Circuit denied.
# Official Journal L 220/2021

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 220 |
| | |
| English edition | Legislation | Volume 6421 June 2021 |

ISSN 1977-0677

Official Journal

of the European Union

L 220

English edition

Legislation

Volume 6421 June 2021

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Council Decision (EU) 2021/990 of 7 June 2021 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union | 1 |
| | * | Agreement in the form of an exchange of letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the united Kingdom’s withdrawal from the European Union | 3 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Council Decision (EU) 2021/990 of 7 June 2021 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union

1

*

Agreement in the form of an exchange of letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the united Kingdom’s withdrawal from the European Union

3

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

 No. 97-8581

Non-Argument Calendar

 

D. C. Docket No. 5:96-CV-418-1(HL) 

ROOSEVELT WORTHY,

Plaintiff-Appellant,

versus

SHEILA E. WIDNALL, Secretary,

Department of the Air Force,

Defendant-Appellee.

 

Appeal from the United States District Court

for the Middle District of Georgia

 

(April 7, 1998)

Before EDMONDSON, Circuit Judge, RONEY and HILL, Senior Circuit

Judges.

PER CURIAM:

 This appeal arises out of the fourth Title VII action filed by Appellant Roosevelt

Worthy against his employer, the Secretary of the Air Force, in the space of two

years. All four of these actions were found by the district court to be meritless and
1

Worthy v. Widnall, 900 F. Supp. 475 (M.D. Ga. 1995), aff’d,

86 F.3d 1171 (11th Cir. 1996)(unpublished table decision); Worthy

v. Widnall, No. 5:95-CV-76-1 (DF)(M.D. Ga. 1996), aff’d, 108 F.3d

344 (11th Cir. 1997)(unpublished table decision); Worth v.

Widnall, No. 5:95-CV-412-4(WDO)(M.D. Ga. 1996), aff’d F.3d 

(11th Cir. 1998)(unpublished table decision). 

2

dismissed on motion for summary judgment. This court affirmed the first three

appeals summarily without publication.1

 This fourth time we publish our opinion. 

 Two orders are involved here: first, the district court order dismissing Worthy’s

action on summary judgment, and, second, the district court order imposing

sanctions upon Worthy’s lawyer in the amount of five hundred dollars ($500.00)

under Fed. R. Civ. P. 11(b)(2). We affirm the summary judgment order without

discussion. See 11th Cir. R. 36-1. We discuss only the order imposing sanctions. 

 The same lawyer brought all four of Worthy’s meritless actions. In the third

suit, at the conclusion of his order granting summary judgment against Worthy’s

claims, the district judge issued the following warning:

The complaint presently before the court is sufficiently without merit

and potentially frivolous as to subject both plaintiff and his counsel to

the imposition of sanctions. FRCP 11(b). In declining to impose

sanctions at this time, the court gives plaintiff’s counsel the benefit of

the doubt by assuming that the present claims arise out of a profound

and fundamental misunderstanding of the scope and purpose of Title

VII, rather than from a total lack of respect for this court and for his

role as an officer of it.

Worthy v. Widnall, No. 5:95-cv-412-4 (WDO)(M.D.Ga., Oct. 15, 1996).
3

Three weeks after receiving this stern admonition from the court, Worthy’s

lawyer filed the present lawsuit and the court’s sanction warning became reality. 

Instead of imposing the $500.00 sanction against Worthy’s lawyer, the district

judge in this case might have ordered him to reimburse the Air Force for all

attorneys fees required for defense. There is no question that this relatively mild

sanction was reasonable and adequately supported by the record.

AFFIRMED.
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 on Form 10-K of Varian Semiconductor
Associates, Inc. (the Company) for the period ended September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned Chief Executive Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. Section 1350, 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.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                         |  |                                          
|------------------------ |  | -----------------------------------------
|Dated: December 13, 2005 |  | /s/    GARY E.
DICKERSON                 
|                         |  | Gary E. Dickerson Chief Executive Officer
Levelt MUSGRAVES, applicant, v. Judy P. SMITH, Warden.

No. 17A551.

Supreme Court of the United States

Jan. 16, 2018.

Application for a certificate of appealability addressed to Justice Ginsburg and referred to the Court denied.
Chene DeVonne MANLEY, petitioner, v. ARIZONA.

No. 18-727.

Supreme Court of the United States

Feb. 19, 2019.

Petition for writ of certiorari to the Court of Appeals of Arizona, Division One denied.
Matthew C. STECHAUNER, petitioner, v. Judy P. SMITH, Warden.

No. 17-5027.

Supreme Court of the United States

Jan. 8, 2018.

Petition for rehearing denied.
Van Lawson WILLIAMS, petitioner, v. UNITED STATES.

No. 17-6441.

Supreme Court of the United States

Nov. 27, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
<PAGE>

                                                                   Exhibit 10.9

[Logo for ePlus, Inc.]

December 1, 1999

Mark Lynch, EVP and CFO
MicroStrategy
8000 Towers Crescent Drive
14th Floor
Vienna, VA 22182

Dear Mark:

EPlus, Inc. will offer a line of credit of $40,000,000.00 to lease assets under
MLA VAC180.  In consideration MicroStrategy agrees to issue the Press Release
attached as exhibit A.  All other terms and conditions of the Master Lease
Agreement VAC180 remain in full force and effect.

EPlus will issue MicroStrategy a warrant to purchase 7,500 shares of ePlus
common stock at an exercise price of $23.00 per share.  These warrants have a
10-year term and shall vest immediately upon approval by the Board of Directors
of ePlus.

This line of credit is committed by ePlus provided there is no material change
in the financial condition of MicroStrategy.

Sincerely,

/s/ Chad Fredrick

Chad Fredrick

                               Proposal Acceptance

Lessee accepts the above terms and conditions this 1st day of December, 1999.

MicroStrategy Incorporated

By:  /s/ Mark Lynch              Title: CFO
     ----------------------------       --------------
Exhibit 32.1

CERTIFICATION OF THE
CHIEF EXECUTIVE OFFICER OF 
GEORGE FOREMAN ENTERPRISES, INC.
Pursuant to Section 906 of the 
Sarbanes-Oxley Act of 2002

|In connection with the Annual Report of George Foreman Enterprises, Inc. (the "Company") on Form 10-KSB for the year ending December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Seymour Holtzman, 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:
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|                                                                                                                                                                                                                                                                                                                                                                                                                             
|                                                                                                                                                                                                                                                                                                                                                                                                                             

/s/ Seymour Holtzman
Donald J. TRUMP, President of the United States, et al., applicants, v. HAWAII, et al.

No. 17A275 (16-1540).

Supreme Court of the United States

Sept. 12, 2017.

Application for stay of mandate presented to Justice KENNEDY and by him referred to the Court granted, and the issuance of the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 17-16426 is stayed with respect to *50refugees covered by a formal assurance, pending further order of this Court.
Julius King RAMBO, III, petitioner, v. KANSAS.

No. 18-6991.

Supreme Court of the United States

Feb. 19, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
# Official Journal L 174/2016

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 174 |
| | |
| English edition | Legislation | Volume 5930 June 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 174

English edition

Legislation

Volume 5930 June 2016

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Commission Decision (EU) 2016/1031 of 6 November 2015 on the measures SA.35956 (13/C) (ex 13/NN) (ex 12/N) implemented by Estonia for AS Estonian Air and on the measures SA.36868 (14/C) (ex 13/N) which Estonia is planning to implement for AS Estonian Air
  (notified under document C(2015) 7470)

   (
  1
  ) | 1 |
| | * | Commission Implementing Decision (EU) 2016/1032 of 13 June 2016 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the non-ferrous metals industries
  (notified under document C(2016) 3563)

   (
  1
  ) | 32 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Commission Decision (EU) 2016/1031 of 6 November 2015 on the measures SA.35956 (13/C) (ex 13/NN) (ex 12/N) implemented by Estonia for AS Estonian Air and on the measures SA.36868 (14/C) (ex 13/N) which Estonia is planning to implement for AS Estonian Air
  (notified under document C(2015) 7470)

   (
  1
  )

(notified under document C(2015) 7470)

1

1

*

Commission Implementing Decision (EU) 2016/1032 of 13 June 2016 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the non-ferrous metals industries
  (notified under document C(2016) 3563)

   (
  1
  )

(notified under document C(2016) 3563)

1

32

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
Exhibit 4.6

                       Associates Fundings Group, Inc.
                          17300 N. Dallas Parkway
                               Suite 2040
                          Dallas, Texas 75248
                             (972) 381-1212
                           Fax (972) 381-1211



 February 24, 2000



 Mr. Michael Means
 Travis Wolff
 5580 LBJ Freeway, Suite 400
 Dallas, TX 75240

 Dear Mr. Means;

 The purpose  of  this  letter  is  to  discuss  our  commitment  to  provide
 additional funding for  Performance Interconnect Corp.  during its  year-end
 November 30, 2000.

 As you  know,  Performance  Interconnect  has  completed  a  reverse  merger
 transaction, and  received verbal  commitments for  funding based  upon  the
 merger.   However, in  the event  that  the funding  is delayed  or  becomes
 unavailable,  please  be  advised  that  Associates  Funding  Group,   Inc.,
 Winterstone Management Inc.,  and I,  individually, have  committed to  fund
 capital requirements of Performance Interconnect Corp. through November  30,
 2000.

 Please feel free to call me if you require further information.


 Sincerely,

 /s/
 ---------------
 D. Ronald Allen

 DRA/pgr