alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 99.1


      CERTIFICATION 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


I,  Michael A. Liccardo, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906  of  the Sarbanes-Oxley Act of 2002, that this Annual
Report  of  Amnis  Systems Inc. on Form 10-KSB/A for the year ended December 31,
2001  fully  complies  with  the  requirements  of Section 13(a) or 15(d) of the
Securities  Exchange  Act  of  1934  and that information contained in such Form
10-KSB/A  fairly  presents  in all material respects the financial condition and
results  of  operations  of  Amnis  Systems  Inc.

Date:  August  16,  2002

/s/  Michael  A.  Liccardo
--------------------------
Michael  A.  Liccardo
President,  Chief  Executive  Officer  and  Chairman  of  the  Board
(Principal  Executive  Officer)

I, Lawrence L. Bartlett, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906  of  the Sarbanes-Oxley Act of 2002, that this Annual
Report  of  Amnis  Systems Inc. on Form 10-KSB/A for the year ended December 31,
2001  fully  complies  with  the  requirements  of Section 13(a) or 15(d) of the
Securities  Exchange  Act  of  1934  and that information contained in such Form
10-KSB/A  fairly  presents  in all material respects the financial condition and
results  of  operations  of  Amnis  Systems  Inc.

Date:  August  16,  2002

/s/  Lawrence  L.  Bartlett
---------------------------
Lawrence  L.  Bartlett
Chief  Financial  Officer,  Vice  President  and  Secretary
(Principal  Financial  Officer)

This  certification  accompanies  this  Report  pursuant  to  Section 906 of the
Sarbanes-Oxley  Act  of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley  Act  of 2002, be deemed filed by Amnis Systems Inc. for purposes
of  Section  18  of  the  Securities  Exchange  Act  of  1934,  as  amended.


                                       1
<PAGE>
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 03-50951 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CARLOS GARCIA-LOPEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. DR-03-CR-308-1-AML

-------------------- Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM: * Carlos Garcia-Lopez 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. Garcia-Lopez 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. Garcia-Lopez maintains that heNo. 03-50951 -2- pleaded guilty to an indictment which charged only simple reentry under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the maximum terms of imprisonment and supervised release 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. Garcia-Lopez 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.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT WILLIAM BERRY, ) ) Appellant, ) ) v. ) Case No. 2D18-1489 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed November 14, 2018. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Neil A. Roddenbery, Judge.

PER CURIAM.

Affirmed. See Lykins v. State, 894 So. 2d 302 (Fla. 3d DCA 2005); Thomas v. State, 778 So. 2d 429 (Fla. 5th DCA 2001).

SILBERMAN, VILLANTI, and CRENSHAW, JJ., Concur.
EXHIBIT 10.1  


ACCOUNTANTS' CONSENT  



The
Board of Directors

Given Imaging Ltd. 


        We
consent to the incorporation by reference in the registration statement (No. 333-73732) on Form S-8 of Given Imaging Ltd. (the "Company")
of our report dated January 28, 2002, with respect to the consolidated balance sheets of the Company and its subsidiaries as of December 31, 2001, 2000 and 1999, and the related
consolidated statements of operations, shareholders' equity and cash flows for the years then ended, which report appears in the Company's Annual Report on Form 20-F for the year
ended December 31, 2001. 



Somekh
Chaikin

Certified Public Accountants (Isr.)

A member of KPMG International 


April 8,
2002
#### BARRY EDWARD GRONDIN, Appellant, v. THE STATE OF NEVADA, Respondent.

No. 9603

January 9, 1978

573 P.2d 205

*Morgan D. Harris,*Public Defender, and *George E. Fran-zen,*Deputy Public Defender, Clark County, for Appellant.

*Robert List,*Attorney General, Carson City; and *George E. Holt,*District Attorney, Clark County, for Respondent.

OPINION

*Per Curiam:*
      *1*

Barry Edward Grondin appeals his conviction and sentence for second degree murder, contending his acts were not the proximate cause of Wilbur Peterson’s death.

The record reveals appellant went to Peterson’s apartment, started a fight, severely beat Peterson about the head and shoulders, and repeatedly kicked him in the chest and abdomen. The fight was witnessed by Mrs. Peterson who heard *6appellant yell: “You’re going to die, you’re going to die.” The police subsequently arrived and took Peterson to the hospital. The initial emergency room examination revealed one fractured rib, a broken nose, and normal vital signs. The examining doctor also diagnosed a ruptured bowel.

After being taken to the x-ray room for further examination, Peterson’s condition rapidly deteriorated. He went into shock and died several minutes later. A pathologist testified the cause of death was a ruptured spleen from a massive blunt force; the autopsy revealed four fractured ribs.

Appellant’s claim that his acts were not the proximate cause of death hinges upon testimonial discrepancies concerning the number of broken ribs. The examining doctor discovered only one fractured rib; the pathologist found four. Thus, appellant reasons, some unknown person at some unknown time must have broken three more ribs and caused Peterson’s spleen to rupture.

If appellant’s theory were the only legally permissible explanation for Peterson’s demise, appellant arguably would not be legally responsible for the homicide, because there might then appear gross negligence or medical malpractice sufficient to constitute a supervening intervening force to break the causal chain. *See*State v. Ulin, 548 P.2d 19 (Ariz. 1976); People v. Calvaresi, 534 P.2d 316 (Colo. 1975); Pettigrew v. State, 554 P.2d 1186 (Okla.Crim. 1976). However, “[t]he jury was at liberty to accept or reject all or a part of such [expert] opinion.” *See*Eisentrager v. State, 79 Nev. 38, 48, 378 P.2d 526, 532 (1963). It was therefore quite appropriate for the jury not to credit all findings of the emergency room doctor’s initial examination, but to infer instead, from the severity of the beating and the pathologist’s findings, that Peterson actually had four broken ribs at the time he entered the hospital.

Appellant’s other contentions have no arguable merit.

Affirmed.

The Chief Justice designated Hon. David Zenoff, Chief Justice (Retired), to sit in this case. Nev. Const. art. 6, § 19; SCR 244.
STATE of North Carolina v. Christopher Jamme WHITFIELD and State of North Carolina v. Corey Levi Banner

No. 282P18

Supreme Court of North Carolina.

January 30, 2019

Jillian C. Katz, Assistant Appellant Defender, for Whitfield, Christopher Jamme.

Glenn Gerding, Appellate Defender.

Leslie C. Rawls, Attorney at Law, Charlotte, Corey Levi Banner, for Banner, Corey Levi.

Jonathan P. Babb, Special Counsel to Attorney General, L. Michael Dodd, Special Deputy Attorney General, Roxann L. Vaneekhoven, District Attorney, for State of North Carolina.

***ORDER***

*640The following order has been entered on the motion filed on the 30th of August 2018 by State of NC for Temporary Stay:

"Motion Dissolved by order of the Court in conference, this the 30th of January 2019."

Upon consideration of the petition filed by State of NC on the 30th of August 2018 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 30th of January 2019."

Upon consideration of the petition filed on the 7th of September 2018 by State of NC in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 30th of January 2019."
Exhibit 32.1
 
 Certification of Chief Executive Officer and Chief Financial Officer
 Pursuant to
 18 U.S.C. Section 1350
 
 In connection with the Quarterly Report on Form 10-Q of Ares Capital Corporation (the “Company”) for the quarter ended March 31, 2020 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), R. Kipp deVeer, as Chief Executive Officer of the Company, and Penni F. Roll, as Chief Financial Officer of the Company, each hereby certifies, 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 his or her 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.
 Date: May 5, 2020/s/ R. KIPP DEVEERR. Kipp deVeerChief Executive Officer (principal executive officer)Date: May 5, 2020/s/ PENNI F. ROLLPenni F. RollChief Financial Officer (principal financial officer)
 
 A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Ares Capital Corporation and will be retained by Ares Capital Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
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 Health and Human Services

###### Centers for Disease Control and Prevention 

# FOR FURTHER INFORMATION CONTACT:

Horace M. Stiles, PHD MPH DDS, Scientific Review Administrator, National Institute for Occupational Safety and Health, CDC, 1600 Clifton Road, NE., MS E-74, Atlanta, GA 30333, Telephone 404-498-2584. 

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry.                     

Dated: October 19, 2005. 

Alvin Hall, 

Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. 

[FR Doc. 05-21341 Filed 10-25-05; 8:45 am] 

BILLING CODE 4163-18-P
I 

111TH CONGRESS 

2D SESSION H. R. 4663 

To amend the Internal Revenue Code of 1986 to provide for a permanent 

exclusion of all gain on certain small business stock. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 23, 2010 

Ms. KOSMAS introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

for a permanent exclusion of all gain on certain small 

business stock. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhancing Investment 

5 in Small Businesses Act of 2010’’. 

6 SEC. 2. PERMANENT EXCLUSION OF ALL GAIN ON CERTAIN 

7 SMALL BUSINESS STOCK. 

8 (a) IN GENERAL.—Subsection (a) of section 1202 of 

9 the Internal Revenue Code of 1986 (relating partial excluVerDate Nov 24 2008 07:00 Feb 24, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4663.IH H4663

dcolon on DSK2BSOYB1PROD with BILLS
2 

•HR 4663 IH

1 sion for gain from certain small business stock) is amend2 ed to read as follows: 

3 ‘‘(a) EXCLUSION.—In the case of a taxpayer other 

4 than a corporation, gross income shall not include any 

5 gain from the sale or exchange of qualified small business 

6 stock held for more than 5 years.’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) Section 1(h) of such Code is amended— 

9 (A) in paragraph (4) by amending sub10 paragraph (A) to read as follows: 

11 ‘‘(A) collectibles gain, over’’; and 

12 (B) by striking paragraph (7). 

13 (2) Section 57(a) of such Code is amended by 

14 striking paragraph (7). 

15 (3) The heading for section 1202 of such Code 

16 is amended by striking ‘‘PARTIAL’’. 

17 (4) The item relating to section 1202 in the 

18 table of sections for part I of subchapter P of chap19 ter 1 of such Code is amended by striking ‘‘Partial 

20 exclusion’’ and inserting ‘‘Exclusion’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to stock acquired after February 

23 17, 2009. 

Æ 


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Exhibit 32.1





CERTIFICATION PURSUANT TO 18 U.S.C.§1350,


AS ADOPTED PURSUANT TO


§906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Annual Report of ATEL Capital Equipment Fund VIII, LLC (the “Company”) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Dean L. Cash, President and Chief Executive Officer of ATEL Financial Services, LLC, Managing Member of the Company, hereby 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.





Date:     March 28, 2011





/s/ Dean L. CashDean L. CashPresident and Chief Executive Officer ofATEL Financial Services, LLC (Managing Member)




A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
I 

111TH CONGRESS 

2D SESSION H. R. 5177 

To delay the implementation of certain final rules of the Environmental 

Protection Agency in States until accreditation classes are held in the 

States for a period of at least 1 year. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2010 

Mr. REHBERG introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To delay the implementation of certain final rules of the 

Environmental Protection Agency in States until accreditation classes are held in the States for a period of 

at least 1 year. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DELAY OF IMPLEMENTATION. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the Administrator of the Environmental Pro6 tection Agency shall delay the implementation of the final 

7 rule entitled ‘‘Lead; Renovation, Repair, and Painting 

8 Program; Lead Hazard Information Pamphlet; Notice of 


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2 

•HR 5177 IH

1 Availability; Final Rule’’ (73 Fed. Reg. 21692 (April 22, 

2 2008)), and the final rule entitled ‘‘Lead; Amendment to 

3 the Opt-out and Recordkeeping Provisions in the Renova4 tion, Repair, and Painting Program’’, signed by the Ad5 ministrator on April 22, 2010, in each State until such 

6 time as accredited certified renovator classes have been 

7 held in the State, for a period of at least 1 year, to train 

8 contractors in practices necessary for compliance with the 

9 final rules, as determined by the Administrator. 

10 (b) NOTIFICATION.—The Administrator shall— 

11 (1) monitor each State to determine when class12 es described in subsection (a) are offered in the 

13 State; and 

14 (2) provide to each Member of Congress rep15 resenting the State a notification describing— 

16 (A) the location and time of each such 

17 class held in the State; and 

18 (B) the date on which the classes have 

19 been held for the 1-year period described in 

20 subsection (a). 

Æ 


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I 

111TH CONGRESS 

2D SESSION H. R. 5056 

To authorize and request the President to award the Medal of Honor posthumously to Major Dominic S. Gentile of the United States Army Air 

Forces for acts of valor during the World War II. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2010 

Ms. KILROY introduced the following bill; which was referred to the Committee 

on Armed Services 

A BILL 

To authorize and request the President to award the Medal 

of Honor posthumously to Major Dominic S. Gentile 

of the United States Army Air Forces for acts of valor 

during the World War II. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AUTHORIZATION AND REQUEST FOR AWARD 

4 OF MEDAL OF HONOR TO DOMINIC S. GEN5 TILE FOR ACTS OF VALOR DURING WORLD 

6 WAR II. 

7 (a) AUTHORIZATION.—Notwithstanding the time lim8 itations specified in section 3744 of title 10, United States 


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2 

•HR 5056 IH

1 Code, or any other time limitation with respect to the 

2 awarding of certain medals to persons who served in the 

3 Armed Forces, the President is authorized and requested 

4 to award the Medal of Honor posthumously under section 

5 3741 of such title to former Major Dominic S. Gentile of 

6 the United States Army Air Forces for the acts of valor 

7 during World War II described in subsection (b). 

8 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

9 referred to in subsection (a) are the actions of then Major 

10 Dominic S. Gentile who, as a pilot of a P–51 Mustang 

11 in the Army’s 336th Fighter Squadron, Fourth Fighter 

12 Group, of the Eighth Air Force in Europe during World 

13 War II, destroyed at least 30 enemy aircraft. 

Æ 


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#### STATE OF NORTH CAROLINA v. JODIE V. AUSTIN

No. 7620SC321

(Filed 2 July 1975)

On *certiorari*to review the trial before *Smith, Judge.*Judgment entered 20 August 1974 in Superior Court, Union County. Heard in the Court of Appeals 18 June 1975.

*Attorney General Edmisten, by Associate Attorney Wilton E. Ragland, Jr., for the State.*

*Keith M. Stroud, for defendant appellant.*

MORRIS, VAUGHN and CLARK, Judges.

No error.
Exhibit 32.1

CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER OF  ETS PAYPHONES, INC.  PURSUANT TO SECTION 906 OF  THE SARBANES-OXLEY ACT OF 2002

I, GUY A. LONGOBARDO, am the Chief Executive Officer of ETS Payphones, Inc. (the "Company").

This
certification is being furnished pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in connection with the filing of the
Company's Quarterly Report on Form 10-QSB for the quarter ended March 31, 2005 (the "Report").

I
hereby certify that to the best of my knowledge:



Dated:
May 13, 2005

| |  | /s/GUY A. LONGOBARDOGuy A. Longobardo
Chief Executive Officer
| |  | -------------------------------------------------------------

A
signed original of this written statement required by Section 906 has been provided to ETS Payphones, Inc. and will be retained by ETS Payphones, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

---



QuickLinks
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

I.L., Appellant

and

U.S. POSTAL SERVICE, KANSAS CITY 

PROCESSING & DISTRIBUTION CENTER,

Kansas City, MO, Employer

__________________________________________

)

)

)

)

)

)

)

)

)

Docket No. 21-0286

Issued: July 23, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On December 21, 2020 appellant filed a timely appeal from a November 9, 2020 merit 

decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate 

Boards assigned Docket No. 21-0286.

In a letter dated June 14, 2021 and received June 22, 2021, appellant requested that the 

appeal be dismissed.

The Board has duly considered the matter and concludes that appellant’s request for the 

dismissal of the appeal should be granted. Accordingly, 
2

IT IS HEREBY ORDERED THAT appellant’s request for the dismissal of the appeal is 

granted. The appeal docketed as No. 21-0286 is dismissed.

Issued: July 23, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board