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

EXHIBIT 32.1


                    Certificate of Chief Executive Officer of

                          EasyLink Services Corporation


         I, Thomas Murawski, the chief executive officer of EasyLink Services
Corporation (the "Company"), certify for the purposes of section 1350 of chapter
63 of title 18 of the United States Code that to my knowledge:

         (i) the Annual Report of the Company on Form 10-K for the year ending
December 31, 2005 (the "Report"), fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934, and

         (ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.


/s/Thomas Murawski
------------------
Thomas Murawski
Chief Executive Officer

March 31, 2006

A signed original of this written statement required by Section 1350 of chapter
63 of title 18 of the United States Code has been provided to EasyLink Services
Corporation and will be retained by EasyLink Services Corporation and furnished
to the Securities and Exchange Commission or its staff upon request.
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

RICHARDO LOERA-CARDOSA,

 Defendant - Appellant.

No. 12-10247

D.C. No. 2:11-cr-00483-GEB

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Garland E. Burrell, Jr., District Judge, Presiding

Submitted June 18, 2013** 

Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.

Richardo Loera-Cardosa appeals from the district court’s judgment and

challenges the 63-month sentence imposed following his guilty-plea conviction for

being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. 

We dismiss.

FILED

JUN 21 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-10247

Loera-Cardosa argues that the district court erred by failing to explain the

sentence. The government contends that the appeal is barred by a valid waiver. 

We review de novo whether a defendant has waived his right to appeal. See United

States v. Bibler, 495 F.3d 621, 623 (9th Cir. 2007). Under the terms of the

unconditional appeal waiver in the parties’ plea agreement, Loera-Cardosa agreed

“to voluntarily give up the right to appeal the conviction and the right to appeal any

aspect of the sentence imposed in this case.” The language of the waiver reaches

the present appeal. 

Loera-Cardosa argues that the waiver is nonetheless unenforceable, as the

court’s failure to explain the sentence rendered the sentence illegal. This argument

fails because Loera-Cardosa’s sentence does not “exceed[] the permissible

statutory penalty for the crime or violate[] the Constitution.” Bibler, 495 F.3d at

624. 

DISMISSED.
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 connectionwith the Quarterly Report of Timeline, Inc. (the “Company”) on Form10-QSB for the period ended September 30, 2005 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Charles R.Osenbaugh, President and Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-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.

| Date:  February 14, 2006 |   |                                    |
|------------------------------------|--------|-----------------------------------------|
|                               |   | /s/ Charles   R. Osenbaugh              |
|                               |   |                                         |
|                               |   | Charles R.   Osenbaugh,                 |
|                               |   | President   and Chief Financial Officer |
Exhibit 99.2

 

 

Certification of CFO 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 Wild OatsMarkets, Inc. (the "Company") on Form 10-Q for the periodended September 28, 2002 as filed with the Securities and ExchangeCommission on the date hereof (the "Report"), Edward F.Dunlap, as Chief Financial Officer of the Company, hereby certifies,pursuant to 18 U.S.C.  1350, as adopted pursuant to  906 of theSarbanes-Oxley Act of 2002, to the best of his knowledge, that:

 

(1) The Report fully complies with the requirementsof section 13(a) of the Securities Exchange Act of 1934; and

 

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

 

 

/s/Edward F. DunlapEdward F. DunlapChief Financial Officer

November 8, 2002

 

This certification accompanies this Report pursuant to  906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed by the Companyfor purposes of Section 18 of the Securities Exchange Act of 1934, asamended.
<TABLE> <S> <C>


<ARTICLE>                     5

<CIK>                         0001081987
<NAME>                        The American Sports Machine, Inc.
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<S>                             <C>
<PERIOD-TYPE>                   12-mos
<FISCAL-YEAR-END>                              Sep-30-1998
<PERIOD-START>                                 Oct-01-1998
<PERIOD-END>                                   Sep-30-1999
<EXCHANGE-RATE>                                1
<CASH>                                         2,711
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               2,711
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 2,711
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       140
<OTHER-SE>                                     45,860
<TOTAL-LIABILITY-AND-EQUITY>                   2,711
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               42,289
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (42,289)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (42,289)
<EPS-BASIC>                                  (0.03)
<EPS-DILUTED>                                  0



</TABLE>
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 DURECT Corporation (the Company) on Form 10-K
for the year ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Matthew J. Hogan, Chief Financial Officer and Principal 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.

March 10, 2009



/S/    MATTHEW J. HOGANMatthew J. Hogan Chief Financial Officer and Principal Accounting Officer
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 03-6327

WAYNE A. GARRETT, Plaintiff - Appellant,
versus RUFUS FLEMING, Regional Director; D. A. GARRAGHTY, Chief Warden, Virginia Department of Corrections; J. D. OATES, III, Medical Administrator, Virginia Department of Corrections; DOCTOR SHAW; DOCTOR BHULLER, M.D., Orthopedics; ROBERT C. WRENN, Clerk, Circuit Court of the County of Greensville, Defendants - Appellees, and RONALD ANGELONE, Director; DONALD SWETTER, Doctor, Medical Director, Greensville Correctional Center; GREENSVILLE CORRECTIONAL CENTER; S. ROBINSON, Lieutenant, Correctional Officer; A. MILLNER; COMMONWEALTH OF VIRGINIA; ROBERT G. O'HARA, Judge, Circuit Court of the County of Greensville, Defendants.2 No. 03-6502

WAYNE A. GARRETT, Plaintiff - Appellant,
versus DONALD SWETTER, Doctor, Medical Director, Greensville Correctional Center; A. MILLNER, Defendants - Appellees, and RONALD ANGELONE, Director; RUFUS FLEMING, Regional Director; D. A. GARRAGHTY, Chief Warden, Virginia Department of Corrections; J. D. OATES, III, Medical Administrator, Virginia Department of Corrections; GREENSVILLE CORRECTIONAL CENTER; S. ROBINSON, Lieutenant, Correctional Officer; DOCTOR SHAW; DOCTOR BHULLER, M.D., Orthopedics; COMMONWEALTH OF VIRGINIA; ROBERT G. O'HARA, Judge, Circuit Court of the County of Greensville; ROBERT C. WRENN, Clerk, Circuit Court of the County of Greensville, Defendants.
Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CA-00-154-AM) Submitted: July 31, 2003 Decided: August 11, 20033 Before WIDENER, MOTZ, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Wayne A. Garrett, Appellant Pro Se. William W. Muse, Assistant Attorney General, Richmond, Virginia; Michael John Otten, LECLAIR RYAN, P.C., Richmond, Virginia; Edward Joseph McNelis, III, John David McChesney, RAWLS & MCNELIS, P.C., Richmond, Virginia; John Adrian Gibney, Jr., THOMPSON & MCMULLAN, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).4 PER CURIAM: In these consolidated appeals, Wayne A. Garrett seeks to appeal the orders granting motions to dismiss and for summary judgment as to some, but not all, defendants. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The orders that Garrett seeks to appeal do not dispense with all claims as to all parties. Therefore, the orders are neither final orders nor appealable interlocutory or collateral orders. Accordingly, we dismiss the appeals for lack of jurisdiction. We deny Garrett’s motion for a stay pending appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Wendy Darlene PITTS, petitioner, v. UNITED STATES.

No. 18-9172.

Supreme Court of the United States

June 10, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
##### 



Exhibit 32.1
 CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C.
SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  
    
    the Quarterly Report of Ultratech, Inc. on Form 10-Q for the period ended March 29, 2008
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 Quarterly Report fairly presents in all material respects
the financial condition and results of operations of Ultratech, Inc.
 By:
    
    /s/ ARTHUR ZAFIROPOULO
    
    
    
    Date: April 29, 2008Name: Arthur ZafiropouloTitle: Chief Executive Officer
  
    
    the Quarterly Report of Ultratech, Inc. on Form 10-Q for the period ended March 29, 2008
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 Quarterly Report fairly presents in all material respects
the financial condition and results of operations of Ultratech, Inc.
 By:
    
    /s/ BRUCE WRIGHT

Name: Bruce Wright
    
    
    
    Date: April 29, 2008Title: Chief Financial Officer
 
 *
    
    A signed original of this written statement required by Section 906
has been provided to Ultratech, Inc. and will be retained by
Ultratech, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
<PAGE>

                                                                    EXHIBIT 32.2


Certificate of Chief Financial Officer of EasyLink Services Corporation


I, Michael A. Doyle, the Vice President and Chief Financial Officer of EasyLink
Services Corporation (the "Company"), certify for the purposes of section 1350
of chapter 63 of title 18 of the United States Code that to my knowledge:

(i)           Amendment No. 1 to the Annual Report of the Company on Form 10-K/A
              for the year ending December 31, 2004 (the "Report"), fully
              complies with the requirements of section 13(a) or 15(d) of the
              Securities Exchange Act of 1934, and

(ii)          the information contained in Amendment No. 1 to the Annual Report
              on Form 10-K/A fairly presents, in all material respects, the
              financial condition and results of operations of the Company.


/s/ Michael A. Doyle
   ----------------------
Michael A. Doyle
Vice President and Chief Executive Officer

December 5, 2005

A signed original of this written statement required by Section 1350 of chapter
63 of title 18 of the United States Code has been provided to EasyLink Services
Corporation and will be retained by EasyLink Services Corporation and furnished
to the Securities and Exchange Commission or its staff upon request.
Ray McArthur FREENEY, petitioner, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

No. 18-7414.

Supreme Court of the United States

May 20, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ULTRATECH
STEPPER INC., FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          40,508
<SECURITIES>                                   117,509
<RECEIVABLES>                                   48,891
<ALLOWANCES>                                     1,224
<INVENTORY>                                     35,708
<CURRENT-ASSETS>                               252,962
<PP&E>                                          27,527
<DEPRECIATION>                                   8,330
<TOTAL-ASSETS>                                 281,795
<CURRENT-LIABILITIES>                           51,175
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            20
<OTHER-SE>                                     229,723
<TOTAL-LIABILITY-AND-EQUITY>                   281,795
<SALES>                                         44,462
<TOTAL-REVENUES>                                46,502
<CGS>                                           19,463
<TOTAL-COSTS>                                   21,159
<OTHER-EXPENSES>                                 6,421
<LOSS-PROVISION>                                    87
<INTEREST-EXPENSE>                                  61
<INCOME-PRETAX>                                 13,082
<INCOME-TAX>                                     4,247
<INCOME-CONTINUING>                              8,835
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,835
<EPS-PRIMARY>                                    0.417
<EPS-DILUTED>                                    0.417
        

</TABLE>
##### 



Exhibit 32.2 CERTIFICATE 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 Belden Inc. (the Company) on Form
10-Q for the period ended March 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Richard K. Reece, Vice
President, Finance and Chief Financial 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/ Richard K. Reece Richard K. Reece
Vice President, Finance and     Chief
Financial Officer
May 10, 2004
<TABLE> <S> <C>

<ARTICLE>           5
<MULTIPLIER>        1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          25,090
<SECURITIES>                                         0
<RECEIVABLES>                                   51,826
<ALLOWANCES>                                     8,011
<INVENTORY>                                     59,356
<CURRENT-ASSETS>                               148,094
<PP&E>                                         330,122
<DEPRECIATION>                                  85,863
<TOTAL-ASSETS>                                 590,076
<CURRENT-LIABILITIES>                          118,306
<BONDS>                                        361,736
<COMMON>                                             5
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                       9,565
<TOTAL-LIABILITY-AND-EQUITY>                   590,076
<SALES>                                        284,450
<TOTAL-REVENUES>                               284,450
<CGS>                                          237,966
<TOTAL-COSTS>                                  237,966
<OTHER-EXPENSES>                                31,553
<LOSS-PROVISION>                                   297
<INTEREST-EXPENSE>                              10,524
<INCOME-PRETAX>                                  4,110
<INCOME-TAX>                                     2,419
<INCOME-CONTINUING>                              1,691
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,691
<EPS-PRIMARY>                                     3.64
<EPS-DILUTED>                                     3.64
        

</TABLE>
Dexter JOHNSON, petitioner, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

No. 18-6834.

Supreme Court of the United States

March 25, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
Order entered July 8, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01507-CV

HOLLY HENDERSON, FORMERLY KNOWN AS, HOLLY CITELLI, Appellant

V.

STEPHEN E. CHRISMAN AND TRACI L. CHRISMAN, Appellees

On Appeal from the 416th Judicial District Court

Collin County, Texas

Trial Court Cause No. 416-01374-2009

ORDER

We GRANT appellant’s July 6, 2015 unopposed motion to extend time to file reply brief 

and ORDER the brief be filed no later than July 16, 2015.

/s/ CRAIG STODDART 

JUSTICE
<PAGE>

                                  Exhibit 21.1



                    SUBSIDIARIES OF 9278 COMMUNICATIONS, INC.


9278 Communications, Inc. has the following subsidiaries:

o    iLink Telecom (B.V.I.), Inc., incorporated in Roadtown, British Virgin
     Islands on July 2, 1999.

o    iLink Telecom (B.C.) Inc., incorporated in Victoria, British Columbia on
     February 9, 1999; and

o    9278 Distributors Inc., incorporated in the State of New York on December
     7, 1999.

o    Reliable Acquisition Corp., incorporated in the State of New York on
     September 15, 2000.

o    9278 Technologies Inc., incorporated in the State of New York on June 6,
     2001.

o    9278 Dot Com, Inc., incorporated in the State of New York on June 8, 2001.

o    E-Store Solutions Inc., incorporated in the State of Delaware on August 13,
     2001.

o    9278 Distributors (Illinois), Inc., incorporated in the State of Illinois
     on January 23, 2002.

o    9278 Distributors Maryland, Inc., incorporated in the State of Maryland on
     June 27, 2002.

o    9278 Wireless Inc., incorporated in the State of Delaware on July 16, 2002.

o    9278 Distributors Florida, Inc., incorporated in the State of Florida on
     October 7, 2002.

o    9278 Distributors North Carolina, Inc., incorporated in the State of North
     Carolina on October 25, 2002.

o    9278 Distributors Connecticut, Inc., incorporated in the State of
     Connecticut on January 2, 2003.

o    9278 Distributors Ohio, Inc., incorporated in the State of Ohio on
     February 24, 2003.

o    9278 Distributors Ohio, Inc., incorporated in the State of Ohio on
     February 24, 2003.

o    NTSE Communications Inc., incorporated in the State of Delaware on
     October 9, 2002.
Russell T. McELVAIN, petitioner, v. Lorie DAVIS, Director, Texas Department of Criminal Justice.

No. 18-8733.

Supreme Court of the United States

June 10, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.