alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**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-KSB of BPZ Energy, Inc. (the “Company”) for the year ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I Manuel Pablo Zúñiga-Pflücker, as President and Chief Executive Officer of the Company, certify, pursuant to and solely for the purpose of 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 and belief, that:

 

(1)   The Report fully complies with the requirements of sections 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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/ Manuel Pablo Zúñiga-Pflücker* |   |
|---------------------------------------------------|--------|
| Manuel Pablo Zúñiga-Pflücker       |
| President and Chief Executive Officer             |
|                                              |
| March 31, 2006                                    |

 

----
FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 1 of 8

3:11cr24-002/MCR - ERICK D. SMITH a/k/a “Tator”

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

-vs- Case # 3:11cr24-002/MCR

ERICK D. SMITH 

a/k/a “Tator”

USM # 20970-017

Defendant’s Attorney:

Shelley Guy Reynolds (Appointed)

3 West Garden Street, Suite 407

Pensacola, Florida 32502

___________________________________

JUDGMENT IN A CRIMINAL CASE

The defendant was found guilty on Counts One and Three of the Second Superseding Indictment

on August 3, 2011. Accordingly, IT IS ORDERED that the defendant is adjudged guilty of such

count(s) which involve(s) the following offense(s):

TITLE/SECTION

NUMBER

NATURE OF

OFFENSE

DATE OFFENSE

CONCLUDED COUNT

21 U.S.C. §§

841(a)(1), (b)(1)(B)(ii)

and 846

Conspiracy to Distribute and Possess with

Intent to Distribute 500 Grams but Less Than

Five Kilograms of a Mixture and Substance

Containing a Detectable Amount of Cocaine

May 17, 2011 One

18 U.S.C. § 922(g)(1) Possession of a Firearm by a Convicted Felon April 14, 2011 Three

The defendant is sentenced as provided in the following pages of this judgment. The sentence is

imposed pursuant to the Sentencing Reform Act of 1984, including amendments effective

subsequent to 1984, and the Sentencing Guidelines promulgated by the U.S. Sentencing

Commission.

The court entered a Judgment of Acquittal (doc. #135) as to Counts Two, Four and Five. This was

based upon the court's oral order granting the defendant’s motion for judgment of acquittal as to

Counts Four and Five and the jury’s verdict (doc. #131) of not guilty as to Count Two.
**Exhibit 32.2**

** **

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

** **

In connection with theAnnual Report on Form 10-K/A of BPZ Resources, Inc. (the “Company”)for the year ended December 31, 2007 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I Edward G. Caminos, asChief Financial Officer of the Company, certify, pursuant to and solely for thepurpose of 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief,that:

 

(1)                                TheReport fully complies with the requirements of sections 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

 

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

 

 
| */s/ Edward G. Caminos* | * * | * * |
|-------------------------|----------|----------|
| Edward G. Caminos       |     |     |
| Chief Financial Officer |     |     |
|                    |     |     |
| August 29, 2008         |     |     |

 

----
IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

May 7, 2002 Session

WILLIAM J. REINHART, ET AL. v. ROBERT T. KNIGHT, ET AL.

Circuit Court for Rutherford County

No. 41560 James L. Weatherford, Judge

No. M2001-02195-COA-R3-CV - Filed December 4, 2003 

BEN H. CANTRELL, P.J., M.S., dissenting.

I respectfully dissent from the majority’s decision to reinstate the jury verdict. I would

reverse the judgment below and remand for a new trial on all issues.

I think the only conclusion we can draw from this record is that the trial judge disagreed with

the verdict against the Knights. Under those circumstances the judge’s duty is to grant a new trial.

James E. Strates Shows, Inc. v. Jakobik, 554 S.W.2d 613 (Tenn. 1977). Our duty, then, is to do what

the trial judge should have done. Sherlin v. Roberson, 551 S.W.2d 700 (Tenn. Ct. App. 1976).

If the Knights did not breach the contract, or if they did breach it and the plaintiffs were not

injured by the breach, then there is no basis for a judgment against the other defendants. Therefore,

I would remand for a new trial on all issues.

____________________________________

BEN H. CANTRELL, P.J., M.S.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JIANHUA LIU, 

Petitioner, 

 v. 

MATTHEW G. WHITAKER, Acting 

Attorney General, 

Respondent.

No. 18-70126 

Agency No. A087-837-957 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 17, 2018**

Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges.

Jianhua Liu, a native and citizen of China, petitions for review of the Board 

of Immigration Appeals’ order dismissing his appeal from an immigration judge’s 

decision that found Liu had filed a frivolous asylum application. We have 

jurisdiction under 8 U.S.C. § 1252. We review de novo, Kulakchyan v. Holder, 

 

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

except as provided by Ninth Circuit Rule 36-3.

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

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

FILED

DEC 20 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 18-70126 

730 F.3d 993, 995 n.1 (9th Cir. 2013), and we deny the petition for review.

The agency did not err in finding Liu filed a frivolous asylum application 

where it complied with the procedural requirements of In re Y-L-, 24 I. & N. Dec. 

151, 151-52 (BIA 2007). A preponderance of the evidence supports the agency’s 

finding that Liu deliberately fabricated a material element of his application. See

8 C.F.R. § 1208.20 (“[A]n asylum application is frivolous if any of its material 

elements is deliberately fabricated.”); Ahir v. Mukasey, 527 F.3d 912, 918-19 (9th 

Cir. 2008). Further, Liu was given “ample opportunity ... to address and account 

for any deliberate, material fabrications[.]” See Ahir, 527 F.3d at 919 (citation and 

internal quotation marks omitted).

PETITION FOR REVIEW DENIED.
November 26, 1996

                        TAX-FREE PENNSYLVANIA FUND
                         A CLASS/B CLASS/C CLASS 
                                     
              Supplement to Prospectus Dated April 29, 1996 


     The following revises the portfolio manager information
under Management of the Fund in the Prospectus:


     Effective November 26, 1996, Patrick P. Coyne assumed
primary responsibility for making day-to-day investment decisions
for Tax-Free Pennsylvania Fund (the "Fund").  A graduate of
Harvard University with an MBA from the University of
Pennsylvania's Wharton School, Mr. Coyne joined Delaware Group's
fixed income department in 1990.  From 1986 to 1990, Mr. Coyne
was Vice President/Municipal Trading with Kidder Peabody & Co.,
Inc., specializing in high grade municipal bonds and municipal
futures contracts.  Mr. Coyne is a member of the Municipal Bond
Club of Philadelphia.

     In making investment decisions for the Fund, Mr. Coyne
regularly consults with Paul E. Suckow and other members of
Delaware's fixed income department.  Mr. Suckow is Delaware's
Chief Investment Officer for fixed income.  He is a graduate of
Bradley University with an MBA from Western Illinois University. 
Mr. Suckow was a fixed income portfolio manager at Delaware Group
from 1981 to 1985.  He returned to Delaware in 1993 after eight
years with Oppenheimer Management Corporation.
Case 3:11-cr-00015-MCR Document 24 Filed 08/16/11 Page 1 of 7Case 3:11-cr-00015-MCR Document 24 Filed 08/16/11 Page 2 of 7Case 3:11-cr-00015-MCR Document 24 Filed 08/16/11 Page 3 of 7Case 3:11-cr-00015-MCR Document 24 Filed 08/16/11 Page 4 of 7Case 3:11-cr-00015-MCR Document 24 Filed 08/16/11 Page 5 of 7Case 3:11-cr-00015-MCR Document 24 Filed 08/16/11 Page 6 of 7Case 3:11-cr-00015-MCR Document 24 Filed 08/16/11 Page 7 of 7
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

UNITED STATES OF AMERICA

vs. Case No. 5:11cv109/RS

$2,412.00 IN UNITED STATES CURRENCY

 /

DECREE OF FORFEITURE

Before me is the United States of America’s Motion For Decree of Forfeiture 

(Doc. 7).

1. On April 19, 2011, a Verified Complaint of Forfeiture In Rem against the

Defendant property, $2,412.00 in United States Currency, was filed on behalf

of the Plaintiff United States of America. The Complaint alleges that the

Defendant property is forfeitable to the United States of America pursuant to

21 U.S.C. § 881(a)(6). 

2. On May 16, 2011, Herdis Neal Brown, potential claimant, was sent notice of

the pending forfeiture action by certified mail.

3. Notice of Forfeiture Action was published on an official government Internet

site, www.forfeiture.gov, for 30 consecutive days beginning May 17, 2011,

pursuant to Rule G(4)(a)(iv)(C) of the Supplemental Rules of Admiralty or

Maritime Claims and Asset Forfeiture Actions. The Notice of Publication

was filed on June 20, 2011. (Doc. 6)

Case 5:11-cv-00109-RS-EMT Document 8 Filed 07/21/11 Page 1 of 2
4. No other person or entity has filed a claim.

IT IS ORDERED:

1. Defendant property, $2,412.00 in United States Currency, shall be forfeited

to the United States of America, and no right, title or interest in the property

shall exist in any other party. The defendant property shall be disposed of

according to law.

ORDERED on July 21, 2011.

/S/ Richard Smoak 

RICHARD SMOAK

United States District Judge

Case 5:11-cv-00109-RS-EMT Document 8 Filed 07/21/11 Page 2 of 2
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

ADARYLL BROWN,

Plaintiff,

v. CASE NO. 1:11-cv-00016-MP-WCS

MICHAEL J ASTRUE,

Defendant.

_____________________________/

O R D E R

This matter is before the Court on Doc. 18, Report and Recommendation of the

Magistrate Judge, in which the Magistrate Judge recommends that the defendant’s motion to

remand (Doc. 17) be granted, and this matter be remanded under sentence four of 42 U.S.C. §

405(g). The plaintiff consented to the motion and has not filed objections to the Report and

Recommendation. Upon consideration, the Court shall accept the Report and Recommendation

and grant the motion to remand.

A remand under sentence four is considered a final judgment. Bergen v. Commissioner,

454 F.3d 1273 (11th Cir. 2006). Thus, absent a court order stating otherwise, a successful

plaintiff’s counsel would normally have fourteen days after the order of remand to file a motion

with the District Court requesting an award of attorney fees. Fed. R. Civ. P. 54(d)(2)(B). This

Rule has been interpreted by the Eleventh Circuit to even apply to a request for fees to be paid

from plaintiff’s past due benefits pursuant to 42 U.S.C. § 406(b)(1). Bergen, 454 F.3d at

1277-78. However, plaintiff's counsel in such a case will not know the amount of benefits - and

therefore fees - until after the Commissioner awards benefits, which typically takes longer than

Case 1:11-cv-00016-MP-WCS Document 19 Filed 09/09/11 Page 1 of 2
Page 2 of 2

fourteen days after the entry of judgment. Therefore, an extension of time to seek such fees is

warranted, and was recommended by the Bergen opinion. Id. Accordingly, it is hereby

ORDERED AND ADJUDGED:

The Report and Recommendation of the Magistrate Judge is adopted, the decision of the

Administrative Law Judge is reversed, and this matter is remanded to the Commissioner.

This Clerk is directed to enter final judgment remanding this case to the Commissioner

under sentence four of 42 U.S.C. § 405(g) for rehearing.

Pursuant to Bergen, proceedings on attorney fees under the Social Security Act, 42

U.S.C. § 406(b) are stayed until the matter is fully adjudicated upon remand. The

plaintiff shall file a motion to award fees under 406(b) within 30 days after counsel

receives notice from the Commissioner as to plaintiff’s past due benefits.

This stay relates only to attorney fee proceedings under § 406(b) of the Social Security

Act, not to attorney fee proceedings under the Equal Access to Justice Act, 28 U.S.C. §

2412, the latter of which may be adjudicated at this time. 

DONE AND ORDERED this 9th day of September, 2011

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case No: 1:11-cv-00016-MP-WCS

Case 1:11-cv-00016-MP-WCS Document 19 Filed 09/09/11 Page 2 of 2
NOTICE OF SETTLEMENT 

1

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PANAMA CITY DIVISION 

DEBORAH EVANS, 

 Plaintiff, Case No.: 5:11 – CV- 83- RS - CJK 

v. 

PORTFOLIO RECOVERY ASSOCIATES, LLC, 

 Defendant. 

_________________________________________/ 

NOTICE OF SETTLEMENT

NOW COMES the Plaintiff, DEBORAH EVANS, by and through the undersigned 

counsel and hereby informs the court that a settlement of the present matter has been reached and 

all parties to the present matter are currently in the process of executing the aforementioned 

settlement agreement, which Plaintiff anticipates will be completed within the next 30 days. 

Plaintiff therefore requests that this honorable Court vacate all dates currently set on 

calendar for the present matter. 

RESPECTFULLY SUBMITTED, 

 By: /s/ Nicholas J. Bontrager 

 [ ] Nicholas J. Bontrager 

 Attorney for Plaintiff 

 Krohn & Moss, Ltd. 

 10474 Santa Monica Blvd., Suite 401 

 Los Angeles, CA 90025 

 Tel: (323) 988-2400 ext. 229 

 Fax: (888) 755-0945 

 Email: nbontrager@consumerlawcenter.com 

Case 5:11-cv-00083-RS-CJK Document 5 Filed 06/14/11 Page 1 of 2
NOTICE OF SETTLEMENT 

2

CERTIFICATE OF SERVICE 

I hereby certify that on March 4, 2011, I electronically filed the foregoing Notice of 

Settlement with the Clerk of the Court by using the CM/ECF System. A true and correct copy of 

said Notice was electronically submitted by electronic mail to the following: 

Keith S. McGurgan 

Portfolio Recovery Associates 

140 Corporate Boulevard 

Norfolk, Virginia 23502 

kmcgurgan@portfoliorecovery.com 

By: /s/ Nicholas J. Bontrager 

 [ ] Nicholas J. Bontrager 

 Attorney for Plaintiff 

Case 5:11-cv-00083-RS-CJK Document 5 Filed 06/14/11 Page 2 of 2
Presidential Documents

Federal Register / Vol. 72, No. 213 / Monday, November 5, 2007 / Presidential Documents 62557 

Proclamation 8201 of October 31, 2007 

National Diabetes Month, 2007 

By the President of the United States of America 

A Proclamation 

Diabetes is a debilitating disease that affects millions of Americans of all 

ages and all walks of life. National Diabetes Month is an opportunity to 

raise awareness about risk factors, prevention, and treatment of this serious 

disease. 

Diabetes is a chronic illness that leaves the body unable to produce or 

properly use insulin to maintain healthy blood glucose levels. The two 

most common forms of the disease that affect our citizens are Type 1 

and Type 2 diabetes. Type 1 diabetes, once known as juvenile diabetes, 

is usually diagnosed in children and young adults who are unable to produce 

insulin and require daily medication. Type 2 diabetes, the most common 

form of the disease, is often attributed to lifestyle risk factors and can 

be controlled by a modified diet, regular physical activity, and medication. 

Americans can take steps to control the disease and lower the risk of 

complications such as heart disease, stroke, and kidney disease by maintaining healthy eating and exercise habits, and consulting with a doctor about 

diabetes testing. 

My Administration is committed to providing better care for people living 

with diabetes and furthering efforts to find a cure. We have supported 

research initiatives and education programs that encourage healthy living, 

and we have also modified Medicare coverage to include diabetes screenings. 

This year, the National Institutes of Health estimates that more than $1 

billion will be spent on diabetes research. By working together, we can 

help identify problems early, manage them before they grow worse, and 

help ensure more Americans live longer, healthier lives. 

Throughout National Diabetes Month, we recognize the medical professionals, 

scientists, researchers, and all those whose efforts have made a positive 

difference in the fight against diabetes. By raising public awareness, we 

can help combat the effects of diabetes in our society and bring hope 

to children and families living with this disease. 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States 

of America, by virtue of the authority vested in me by the Constitution 

and laws of the United States, do hereby proclaim November 2007 as National 

Diabetes Month. I call upon all Americans to learn more about the risk 

factors and symptoms associated with diabetes and to observe this month 

with appropriate programs and activities. 


gechino on PROD1PC76 with NOTICES
62558 Federal Register / Vol. 72, No. 213 / Monday, November 5, 2007 / Presidential Documents 

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day 

of October, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-second. 

[FR Doc. 07–5548 

Filed 11–2–07; 8:53 am] 

Billing code 3195–01–P 


gechino on PROD1PC76 with NOTICESGWBOLD.EPS</GPH>
|   |                                                                                                                                                                                                                                                                                     |
|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (1)    | the accompanying Quarterly Report on Form 10-Q of the Company for the fiscal quarter ended March 31, 2011 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; 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/Lynn  Harrison                         |
|-----------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                  |  Name: Lynn Harrison                                                                                                                                                    |
|                  |  Title: Chief Executive Officer  and Chief Financial Officer (Principal Executive Officer and     Principal Financial Officer)            |
#### The People of the State of New York, Respondent, *v.*Michael Di Meo, Appellant.

*People*v. *Di Meo,*181 App. Div. 893, appeal dismissed.

(Submitted October 1, 1918;

decided October 15, 1918.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 16, 1917, which reversed an order of Special Term granting a motion for the reduction of the amount of a judgment entered upon a bail bond.

The respondent contended that the order of the Appellate Division was discretionary and, therefore, not appealable as of right to the Court of Appeals.

*Edward J. Reilly*for appellant.

*Harry E. Lewis, District Attorney (Harry G. Anderson*of counsel), for respondent.

Appeal dismissed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.
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

RYAN BONNEAU,

 Petitioner - Appellant,

 v.

J. E. THOMAS,

 Respondent - Appellee.

No. 12-35303

D.C. No. 3:11-cv-00801-BR

MEMORANDUM*

Appeal from the United States District Court

for the District of Oregon

Anna J. Brown, District Judge, Presiding

Submitted April 16, 2013** 

Before: CANBY, IKUTA, and WATFORD, Circuit Judges.

Federal prisoner Ryan Bonneau appeals pro se from the district court’s

judgment granting in part and denying in part his 28 U.S.C. § 2241 habeas petition. 

We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s

denial of a 28 U.S.C. § 2241 habeas corpus petition, see Mora-Meraz v. Thomas,

FILED

APR 22 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-35303

601 F.3d 933, 939 (9th Cir. 2010), and we affirm.

Bonneau’s section 2241 petition challenged two prison disciplinary

proceedings and alleged that the Bureau of Prisons (“BOP”) violated his due

process rights by removing him from the Residential Drug Abuse Treatment

Program (“RDAP”). The district court concluded that Bonneau’s due process

rights were violated in one of the disciplinary proceedings and ordered the incident

report expunged and the sanctions resulting from that hearing reversed. The

district court further concluded that it lacked jurisdiction to review Bonneau’s

claim requesting reinstatement into RDAP. 

On appeal, Bonneau contends that the district court could have considered

his RDAP claim insofar as he was requesting reinstatement into RDAP or

reevaluation for RDAP placement as part of the remedy for the constitutional

violation that occurred in his disciplinary proceeding. The district court correctly

determined that it lacked jurisdiction to review the BOP’s individualized

determination made pursuant to 18 U.S.C. § 3621. See 18 U.S.C. § 3625; Reeb v.

Thomas, 636 F.3d 1224, 1227-28 (9th Cir. 2011). Furthermore, even assuming the

district court could have ordered the remedy Bonneau seeks, it did not abuse its

broad discretion in fashioning habeas relief in this case. See Hilton v. Braunskill,

481 U.S. 770, 775 (1987).

AFFIRMED.