alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.2

Section 906 CFO Certification

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 Colony Resorts LVH Acquisitions, LLC (the Company) on Form 10-Q for the quarter ended March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Robert Schaffhauser, Executive Vice President of Finance, respectively, 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/ Robert Schaffhauser            
|Robert Schaffhauser                
|Executive Vice President of Finance

Date: May 12, 2008
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DONALD MACPHERSON,

Petitioner-Appellant,

 and

ESTATE OF JUDITH A. MAY,

DECEASED; et al.,

Petitioners,

 v.

COMMISSIONER OF INTERNAL

REVENUE,

Respondent-Appellee.

No. 16-71795

Tax Ct. No. 14545-12L

MEMORANDUM*

DONALD MACPHERSON,

Petitioner-Appellant,

 and

LEONARD L. BEST and EVELYN R.

BEST,

Petitioners,

No. 16-72599

Tax Ct. No. 26662-10L

FILED

NOV 16 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.
 v.

COMMISSIONER OF INTERNAL

REVENUE,

Respondent-Appellee.

Appeal from a Decision of the

United States Tax Court

Submitted November 14, 2017** 

San Francisco, California

Before: THOMAS, Chief Circuit Judge, PAEZ, Circuit Judge, and SAVAGE,***

District Judge.

 

Attorney Donald W. MacPherson appeals the Tax Court’s imposition of

sanctions in two cases in which he counseled his taxpayer clients to maintain

frivolous positions. We have jurisdiction pursuant to 26 U.S.C. § 7482(a)(1), and

we affirm. Because the parties are familiar with the history of this case, we need

not recount it here.

The Tax Court did not abuse its discretion in ordering MacPherson to pay

excess costs pursuant to 26 U.S.C. § 6673(a)(2). See Grimes v. CIR, 806 F.2d

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

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

*** The Honorable Timothy J. Savage, United States District Judge for

the Eastern District of Pennsylvania, sitting by designation.

2
1451, 1454 (9th Cir. 1986) (standard of review). MacPherson “multiplied the

proceedings in [both cases] unreasonably and vexatiously.” 26 U.S.C.

§ 6673(a)(2). He “knowingly or recklessly raise[d] a frivolous argument.” Moore

v. Keegan Mgmt. Co. (In re Keegan Mgmt. Co. Sec. Litig.), 78 F.3d 431, 436 (9th

Cir. 1996). On behalf of his clients, he advanced a position contrary to established

law and unsupported by fact. In a signed declaration, he represented that he knew

his position would be unsuccessful. The Tax Court appropriately ordered

MacPherson to pay only those costs incurred in responding to MacPherson’s

frivolous arguments. See Moore, 78 F.3d at 435.

AFFIRMED.

3
### MEMORANDUM OPINION
No. 04

- 12

- 00384

- CV IN THE INTEREST OF J.M.V. , a Child From the 225th Judicial District Court , Bexar County, Texas Trial Court No. 2011

- PA

- 01861 Honorable Charles E. Montemayor , Judge Presiding 1
PER CURIAM Sitting: Karen Angelini, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: October 31, 2012
AFFIRMED Appellant appeals the trial court’s order terminating his parental rights to J.M.V. Appellant’s court

- appointed attorney has filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. California , 386 U.S. 738 (1967). See In re R.R. , No. 04

– 03

– 00096

– CV, 2003 WL 21157944, at * 4 (Tex. App.

— San Antonio 2003, order) (ap plying Anders procedure in appeal from termination of parental rights), disp. on merits , 2003 WL 22080522 (Tex. App.

— San Antonio 2003, no pet.). Counsel

1 The Honorable Peter Sakai is the presiding judge of the 225 th Judicial District Court of Bexar County, Texas. The order of termination was signed by Associate Judge Charles E. Montemayor.04

- 12

- 00384

- CV

- 2

- provided appellant with a copy of the brief. Appellant was informed of his right to review the record a nd advised of his right to file a pro se brief. Appellant has not filed a brief. After reviewing the record and counsel’s brief, we agree that the appeal is frivolous and without merit. The Order of Termination signed by the trial court is affirmed. We gr ant counsel’s motion to withdraw. Nichols v. State , 954 S.W.2d 83, 86 (Tex. App.

— San Antonio 1997, no pet.); Bruns v. State , 924 S.W.2d 176, 177 n. 1 (Tex. App.

— San Antonio 1996, no pet.).

PER CURIAM
Virginia Collins WHITMAN, Plaintiff, v. Jason Patrick STIMPSON and Jean Miller Kilby, Defendants.

No. COA17-922

Court of Appeals of North Carolina.

Filed: May 15, 2018

AFFIRMED.
STATE of North Carolina v. Mark Dwayne DANCY, Defendant.

No. COA17-1103

Court of Appeals of North Carolina.

Filed: May 15, 2018

DISMISSED.
In the MATTER OF: R.L.H., Q.C.W.

No. COA17-1136

Court of Appeals of North Carolina.

Filed: April 3, 2018

AFFIRMED.
Exhibit 32(a)

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 on Form 10-Q of NewMarket Corporation (the
Company) for the period ending March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Thomas E. Gottwald, 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.



|                                                  |  |                       
|------------------------------------------------- |  | ----------------------
|By:                                               |  | /s/ Thomas E. Gottwald
|Thomas E. Gottwald                               
|President and Chief Executive Officer May 1,
2006



39
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - [I.D. 092905A]

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Notice of meeting of the Law Enforcement Committee and Advisory Panel.

# SUMMARY:

The South Atlantic Fishery Management Council (Council) will hold a joint meeting of its Law Enforcement Committee and Advisory Panel (AP) in Charleston, South Carolina.

# DATES:

The meeting will take place October 12 and 13, 2005.

# ADDRESSES:

The meetings will be held at the Town and Country Inn, 2008 Savannah Highway, Charleston, SC 29407; phone 800/334-6660 or 843/571-1000, FAX 843/766-9444.

# FOR FURTHER INFORMATION CONTACT:

                        Kim Iverson, Public Information Officer, South Atlantic Fishery Management Council, One Southpark Circle, Suite 306, Charleston, S.C., 29407-4699; phone 843/571-4366 or toll free 866/SAFMC-10; FAX 843/769-4520; email:                         *kim.iverson@safmc.net*.                    

# SUPPLEMENTARY INFORMATION:

The Law Enforcement Committee and AP will meet jointly from 1p.m. until 5 p.m. on October 12, 2005, and from 8:30 a.m. until 3 p.m. on October 13, 2005, to review Amendment 13C to the Snapper Grouper Fishery Management Plan and provide recommendations to the Council.  Committee and AP members will also receive an update on the use of marine protected areas as a fishery management tool, discuss state regulations regarding the sale of recreationally caught fish in the region, and provide recommendations for Council.

## Special Accommodations

                    These meetings are physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the council office (see                     **ADDRESSES**                    ) prior to the meetings.                

Note: The times and sequence specified in this agenda are subject to change.

Dated:  September 29, 2005.

Emily Menashes,

Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 05-19717 Filed 9-28-05; 2:54 pm]

BILLING CODE 3510-22-S
The STATE, Respondent, v. Joshua William PORCH, Petitioner.

Appellate Case No. 2016-002146 Opinion No. 27809

Supreme Court of South Carolina.

Heard May 23, 2018 Filed May 30, 2018

Matthew A. Abee, William C. Wood Jr., Michael J. Anzelmo, and Caroline Delores Gimenez, all of Nelson Mullins Riley & Scarborough, LLP, and Chief Appellate Defender Robert Michael Dudek, all of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, Senior Assistant Attorney General J. Anthony Mabry, Senior Assistant Attorney W. Edgar Salter III, and Solicitor Daniel Edward Johnson, all of Columbia, for Respondent.

PER CURIAM:

*333We granted Joshua William Porch's petition for a writ of certiorari to review the court of appeals' decision to affirm his murder conviction. *See**State v. Porch* , 417 S.C. 619, 790 S.E.2d 440 (Ct. App. 2016). We now dismiss the writ as improvidently granted.

**DISMISSED AS IMPROVIDENTLY GRANTED.**

KITTREDGE, Acting Chief Justice, HEARN, FEW, JAMES, JJ., and Acting Justice James E. Lockemy, concur.
STATE v. Quintel Martinez AUGUSTINE

130A03-2

Supreme Court of North Carolina.

August 9, 2018

Gretchen Engel, Attorney at Law, Durham, James E. Ferguson, II, Attorney at Law, Charlotte, for Augustine, Quintel Martinez.

Danielle Marquis Elder, Special Deputy Attorney General, Jonathan P. Babb, Special Counsel to Attorney General, William R. West, District Attorney, for State of N.C.

Grady Jessup, Attorney at Law, for N.C. Association of Black Lawyers.

Lisa A. Bakale-Wise, Attorney at Law, Irving Joyner, Attorney at Law, Durham, for N.C. State Conference of the NAACP.

Edward Joseph Blocher, Jr., Attorney at Law, for Social Scientists.

Janet Moore, Attorney at Law, for National Association for Public Defense.

Robert P. Mosteller, Attorney at Law, for Professors John Charles Boger & Robert P. Mosteller.

Carlos E. Mahoney, Attorney at Law, Jin Hee Lee, Attorney at Law, Pro Hac Vice, Seoul, South Korea, W. Kerrel Murray, Attorney at Law, Pro Hac Vice, for NAACP Legal Defense and Educational Defense Fund, Inc.

Cynthia F. Adcock, Attorney at Law, for N.C. Council of Churches.

Burton Craige, Attorney at Law, Raleigh, for N.C. Advocates for Justice.

Jeremy M. Falcone, Attorney at Law, Raleigh, Paul F. Khoury, Robert L. Walker, Madeline J. Cohen, Attorneys at Law, Pro Hac Vice, Washington, DC, for Former State and Federal Prosecutors.

*858The following order has been entered on the Motion for Extension of Time to File Brief filed on the 9th of August 2018 by State of NC:

"Motion Allowed by order of the Court in conference, this the 9th of August 2018."
UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

v. 

MICHAEL MOSES GEORGE, 

 Defendant - Appellant. 

No. 23-7014 

(D.C. No. 6:20-CR-00074-JFH-7) 

(E.D. Okla.) 

_________________________________ 

ORDER AND JUDGMENT*

_________________________________ 

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.**

_________________________________ 

This matter is before the court on the parties’ Joint Motion to Remand for 

Resentencing, in which they request that the court remand this appeal to the district court 

for resentencing. Upon consideration and review of the record, the court: 

A. Grants the motion; 

B. Remands this case to the district court for resentencing and to undertake, in 

its discretion, all necessary and appropriate proceedings required to 

*

 This order and judgment is not binding precedent, except under the doctrines of 

law of the case, res judicata, and collateral estoppel. It may be cited, however, for its 

persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 

** Because this matter is being decided on a Joint Motion to Remand for 

Resentencing this panel has determined unanimously that oral argument would not 

materially assist in the determination of the appeal. See Fed. R. App. P. 34(a)(2); 

10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. 

FILED 

United States Court of Appeals 

Tenth Circuit 

November 21, 2023

Christopher M. Wolpert 

Clerk of Court

Appellate Case: 23-7014 Document: 010110956548 Date Filed: 11/21/2023 Page: 1
2 

resentence defendant-appellant Michael Moses George in accord with the 

Joint Motion to Remand for Resentencing filed here; and 

C. Directs the Clerk to issue the mandate forthwith. 

Entered for the Court 

CHRISTOPHER M. WOLPERT, Clerk 

Appellate Case: 23-7014 Document: 010110956548 Date Filed: 11/21/2023 Page: 2
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 Corinthian Colleges, Inc. (the Company) on Form 10-K for the
fiscal year ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kenneth S. Ord, Chief Financial Officer of the Company, certify, pursuant to section 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to 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 presents, in all material respects, the financial condition and results of operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|                       
|/s/ Kenneth S. Ord     
|Kenneth S. Ord         
|Chief Financial Officer
|August 29, 2007
#### In the Matter of Jimmy L. Barnes, Jr., Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.

[718 NYS2d 890]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits inmates from making threats.* The misbehavior report, written by the correction officer who was an eyewitness to the event, was sufficiently detailed, by itself, to provide substantial evidence supporting the determination of guilt *(see, Matter of Dexter v Goord,*257 AD2d 936). Contrary to petitioner’s assertion, the Hearing Officer was not required to call the author of the misbehavior report to testify *(see, Matter of Rodriguez v Senkowski,*202 AD2d 761, 762). Furthermore, to the extent that the testimony of petitioner and his two inmate witnesses conflicted with the narration in the misbehavior report, this created a credibility issue for resolution by the Hearing Officer *(see, Matter of Lee v McCoy,*233 AD2d 633, 633-634).

We also reject petitioner’s assertion that the Hearing Officer’s written disposition was inadequate. The Hearing Officer’s disposition sufficiently set forth the evidence relied upon and reasons for the disposition. Petitioner’s remaining contentions, including his claim of Hearing Officer bias, are either without merit or unpreserved for our review.

Crew III, J. P., Peters, Carpinello, Mugglin and Rose, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

*

 Petitioner was found not guilty of urging other inmates to participate in an action detrimental to the order of the facility.
Exhibit 23

Consent of Independent Registered Public Accounting Firm

The Board of Directors of

Regency Centers Corporation, the general partner of Regency Centers, L.P.

We
consent to the incorporation by reference in the registration statement (No. 333-58966 and No. 333-125886) on Forms S-3 and (No. 333-127274) on Form S-4 of Regency Centers, L.P. of our reports dated February 29, 2008, with respect to the
consolidated balance sheets of Regency Centers, L.P. as of December 31, 2007 and 2006, and the related consolidated statements of operations, changes in partners capital and comprehensive income (loss), and cash flows for each of the
years in the three-year period ended December 31, 2007, and related financial statement schedule, and the effectiveness of internal control over financial reporting as of December 31, 2007, which reports appear in the December 31,
2007 annual report on Form 10-K of Regency Centers, L.P.



|                            
|----------------------------
|/s/ KPMG LLP                
|Certified Public Accountants
|                            
|Jacksonville, Florida       
|                            
|February 29, 2008           
|
ex102.htm













 




  





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5
This memorandum is uncorrected and subject to revision before

publication in the New York Reports.

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

No. 105 SSM 11

The People &c.,

 Appellant,

 v.

Ganesh R. Ramsaran, 

 Respondent.

Submitted by Michael J. Genute, for appellant.

Submitted by Cheryl F. Coleman, for respondent.

MEMORANDUM:

The order of the Appellate Division should be reversed

and the case remitted to the Appellate Division for consideration

of issues raised, but not determined, on the appeal to that

court.

The People's forensic expert gave statistical testimony

- 1 -
- 2 - SSM 11

regarding the likelihood ("1.661 quadrillion times more likely")

that defendant and his deceased wife, rather than two randomly

selected individuals, were contributors to a DNA mixture profile

drawn from a blood stain on defendant's sweatshirt. The

prosecutor, during his summation, summarized this testimony by

telling the jury that the victim's DNA was "on" defendant's

sweatshirt. Defense counsel's failure to object to this

characterization did not amount to ineffective assistance of

counsel. The expert testimony regarding the "likelihood ratio"

here contrasts with the testimony at issue in People v Wright (25

NY3d 769 [2015]), which "only indicated that defendant could not

be excluded from the pool of male DNA contributors, and . . .

provided no statistical comparison to measure the significance of

those results" (Wright, 25 NY3d at 771). Nor did counsel's other

alleged errors of representation, either individually or

collectively, deprive defendant of meaningful representation.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules,

order reversed and case remitted to the Appellate Division, Third

Department, for consideration of issues raised but not determined

on appeal to that court, in a memorandum. Chief Judge DiFiore

and Judges Rivera, Stein, Fahey, Garcia and Wilson concur. Judge

Feinman took no part.

Decided June 29, 2017

- 2 -
DM TRUST, LLC, a North Carolina Limited Liability Company; and Mary Anne Owen, Plaintiffs, v. MCCABE AND COMPANY, Defendant.

No. COA17-1193

Court of Appeals of North Carolina.

Filed: August 7, 2018

AFFIRMED.
#### STATE ex rel. Donald WILLIAMS v. STATE of Louisiana.

No. 2002-KH-1657.

Supreme Court of Louisiana.

Aug. 29, 2003.

In re Williams, Donald;—Plaintiff; Applying for Reconsideration of this Court’s order dated May 16, 2003, Parish of Orleans, Criminal District Court Div. A, No. 305-606; to the Court of Appeal, Fourth Circuit, Nos. 2002-K-143, 2002-K-0485, 2002-K-0598.

Denied.
Exhibit 32.2

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 the Quarterly Report of Jackson Hewitt Tax Service Inc. (the Company) on Form 10-Q for the
period ended October 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Daniel P. OBrien, as Executive Vice President and 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, to the best of my knowledge, 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/ DANIEL P. OBRIEN                               
|Daniel P. OBrien                                   
|Executive Vice President and Chief Financial Officer

December 10, 2010