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 2002

This certification is not to be deemed filed pursuant to the Securities Exchange Act of 1934, as amended, and does not constitute a part of the Annual Report of
UTStarcom, Inc. (the "Company") on Form 10-K for the period ending December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the
"Report").

In
connection with the Report, we, Hong Liang Lu and Michael J. Sophie, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:



Dated:
March 8, 2004

|By: |  | /s/HONG LIANG LUName: Hong Liang Lu
Title: President and Chief Executive Officer                                |  |  |  | 
|--- |  | --------------------------------------------------------------------------------------------------------------- |  |  |  | 
|By: |  | /s/MICHAEL J. SOPHIEName: Michael J. Sophie
Title: Senior Vice President of Finance and Chief Financial Officer |  |  |  | 

---

QuickLinks
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 19

- 60019 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
CALVIN ALLEN , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:15

- CR

- 36

- 1

Before WIENER, HAYNES, and COSTA, Circuit Judges. PER CURIAM: * Calvin Allen , federal prisoner # 18222

- 043 , is serving a 188

- month prison sentence following h is 2015 guilty

- plea conviction for possessing with the intent to distribute a controlled substance. Allen appeals from the district
court ’s denial of his pro se motion requesting a reduction of sentence pursuant
to Federal Rule of Criminal Procedure 35(b)

. The Government has filed a

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 August 7, 2019 Lyle W. Cayce Clerk Case: 19-60019 Document: 00515067839 Page: 1 Date Filed: 08/07/2019No. 19

- 60019

2 motion to dismiss the appeal or, in the alternative, for summary affirmance in light of Wade v. United States , 504 U.S. 181, 185

- 86 (1992). This court reviews “de novo wheth er the district court had jurisdiction to resentence.” United States v. Bridges , 116 F.3d 1110, 1112 (5th Cir. 1997). Resentencing under Rule 35(b) “is permitted only on the Government’s motion.” United States v. Early , 27 F.3d 140, 141 (5th Cir. 1994). Thus, to the extent that Allen’s motion sought resentencing pursuant to Rule 35(b), the motion “was unauthorized and without a jurisdictional basis.” I d

. To the extent that Allen’s motion sought review of the Government’s failure to file its own Rule 35(b) motion, the district court likewise had no authority to grant relief. “The government’s refusal to file a Rule 35(b) motion is not reviewable unless that refusal is based on an unconstitutional motive,” as discussed in Wade , 504 U.S. at 185

- 86 , or “the government has ‘bargain[ed] away’ its discretion.” United States v. Grant , 493 F.3d 464, 467 (5th Cir. 2007) (quoting United States v. Price , 95 F.3d 364, 368 (5th Cir. 1996)). Allen has
not shown that either circumstance was present here. I n sum , Allen’s Rule 35(b) motion was unauthorized, and the district court lacked jurisdiction to consider it or to review the Government’s failure to file its own Rule 35(b) motion. See Grant , 493 F.3d at 467 ; Early , 27 F.3d at
141 . The judgment is AFFIR MED on th at basis. The Government’s motion to dismiss the appeal or , alternatively, for summary affirmance is DENIED as moot

. Case: 19-60019 Document: 00515067839 Page: 2 Date Filed: 08/07/2019
Exhibit 12.1
                                                                    ------------

Moll Industries, Inc.
Ratio of Earnings to Fixed Charges, Ratio of Earnings to
Cash Interest Expense and Ratio of Net Debt to EBITDA


Fixed Charge Calculation
Income before taxes and extraordinary item                    (14,870)
Fixed charges                                                  19,114
                                                              -------
                                                                4,244
Fixed charges                                                  19,114
                                                              -------
                                                                  0.2
                                                              =======
Fixed charges:
    Interest                                                   17,806
    Rent (1/3 of annual expense)                                1,308
                                                              -------
                                                               19,114
                                                              =======
Ratio of Earnings to Cash Interest Expense

Earnings                                                        4,244
Cash Interest Expense                                          17,806
                                                              -------
                                                                  0.2
                                                              =======
Net Debt to EBITDA

Debt                                                          256,454
EBITDA                                                         19,329
                                                              -------
                                                                 13.3
                                                              =======
<PAGE>
                                                                    EXHIBIT 23.0

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

    We consent to the incorporation by reference in the Registration Statements
(Form S-8 Nos 333-30843, 333-57217 and 333-88383) pertaining to the 1993 Stock
Plan, the 1997 Employee Stock Purchase Plan and the 1998 Nonstatutory Stock
Option Plan of our report dated February 15, 2000, with respect to the
consolidated financial statements and schedule of NeoMagic Corporation included
in the Annual Report (Form 10-K) for the year ended January 31, 2000.

                                                  /s/ ERNST & YOUNG LLP

                                          --------------------------------------
                                                    ERNST & YOUNG LLP

San Jose, California
March 8, 2000

                                       58
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-02-1998
<PERIOD-END>                               APR-04-1997
<CASH>                                         716,000
<SECURITIES>                                         0
<RECEIVABLES>                               20,049,000
<ALLOWANCES>                                 1,495,000
<INVENTORY>                                 17,210,000
<CURRENT-ASSETS>                            90,807,000
<PP&E>                                      36,010,000
<DEPRECIATION>                              18,338,000
<TOTAL-ASSETS>                             154,190,000
<CURRENT-LIABILITIES>                       22,416,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     8,985,000
<OTHER-SE>                                  88,208,000
<TOTAL-LIABILITY-AND-EQUITY>                97,193,000
<SALES>                                     24,817,000
<TOTAL-REVENUES>                            24,835,000
<CGS>                                       15,422,000
<TOTAL-COSTS>                               15,422,000
<OTHER-EXPENSES>                             9,874,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             494,000
<INCOME-PRETAX>                              (955,000)
<INCOME-TAX>                                 (341,000)
<INCOME-CONTINUING>                          (614,000)
<DISCONTINUED>                                 869,000
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   255,000
<EPS-PRIMARY>                                      .04
<EPS-DILUTED>                                      .04
        

</TABLE>
<PAGE>   1
                                                                   EXHIBIT 10.56

January 19, 2001


                          Lease Cancellation Agreement


Verilink Corporation (as Successor to TxPort, Inc.) as Lessee and Industrial
Properties of the South as Lessor have a lease agreement dated June 1993, as
amended (the "Lease") in which Verilink's space on the top, third floor, and
first floor space expire as of February 28, 2001; but Verilink's lease on the
second floor space runs through March 31, 2002.

Lessee and Lessor hereby agree that the Lease is cancelled, terminated and no
longer in effect as of February 28, 2001 and that Lessee will surrender the
space empty in broom clean condition as of the same date.

Other business terms regarding this cancellation are covered in a separate
letter agreement of this same date.


/s/  Charlene B. Graham    1/19/01             /s/  C. W. Smith         1/19/01
--------------------------------------         --------------------------------
by:  Lessor                Date                by: Lessee               Date
     Industrial Properties of the South            Verilink Corporation
                                                   VP & Corporate Controller
<PAGE>   2


January 19, 2001


                 Business Terms of Lease Cancellation Agreement


Verilink agrees to pay Industrial Properties of the South rent on the second
floor for March, April, and May of 2001 in order to receive a cancellation of
rent due for the remaining ten (10) months of the lease. At $13,968.39 per
month, this is a savings of $139,683.90 to Verilink.

This consideration is necessary to recoup the discounted rate Verilink has had
for the past two (2) years of $6.40 rather than $6.90 for the longer term lease.



/s/  Charlene B. Graham       1/19/01
-------------------------------------
   Charlene B. Graham         date



                                        /s/  C. W. Smith                1/19/01
                                        ---------------------------------------
                                        by: Verilink Corporation         date
                                        VP & Corporate Controller
STATE OF LOU',ISIANA

COURT OF APPEAL, F',,IRST CIRCUIT

JAMES KEVIN GUIDRY AND

CHRISTINA GUIDRY

VERSUS

JASON E. SMITH, M.D. 

NO. 2023 CW 0108

APRIL 24, 2023

In Re: Jason E. Smith, M.D., applying for supervisory writs, 

19th Judicial District Count, Parish of East Baton

Rouge, No. 716889. 

BEFORE: WELCH, PENZATO, AND LANIER, Ju. 

I

WRIT DENIED. 

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT

FOR THE COURT

JEW

AHP

WIL
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 16-17744

Non-Argument Calendar

________________________

D.C. Docket No. 6:07-cr-00079-RBD-KRS-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

versus

KRISTOPHER M. STOREY, 

 Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Middle District of Florida

________________________

(August 22, 2017)

Before JORDAN, ROSENBAUM and JULIE CARNES, Circuit Judges.

PER CURIAM: 

Case: 16-17744 Date Filed: 08/22/2017 Page: 1 of 2 
2

Stephen J. Langs, appointed counsel for Kristopher Storey in this appeal, has 

moved to withdraw from further representation of the appellant and has filed a 

brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our independent 

review of the entire record reveals that counsel’s assessment of the relative merit of 

the appeal is correct. Because independent examination of the entire record reveals 

no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and the 

judgment revoking Storey’s supervised release and his resulting sentence are 

AFFIRMED.

Case: 16-17744 Date Filed: 08/22/2017 Page: 2 of 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 Quarterly Report of American Power Corporation (the "Company") on Form 10-Q for the three months ended March
31, 2011 as filed with the Securities and Exchange Commission (the "Report"), the undersigned, in the capacities and
on the dates indicated below, 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 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.











|Date:
                                                                                                                  May 13, 2011 | By: /s/ Johannes Petersen                   
|------------------------------------------------------------------------------------------------------------------------------------ | --------------------------------------------
|                                                                                                                                     | Johannes Petersen                           
|                                                                                                                                     | Chief Financial Officer, Secretary, Director
Order entered January 23 , 201 9

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 18
- 00426
- CR
JAVEON DEROID DALCOU RZUBER, Appellant
V. THE STATE OF TEXAS, Appellee On Appeal from t he Criminal District Court No. 3

Dallas County, Texas Trial Court Cause No. F15
- 10957
- J



### O RDER The reporter’s record was filed November 9, 2018. After reviewing the record, the Court determined that several exhibits were missing and ordered a supplementa l reporter’s record filed with those exhibits. Although court reporter Kimberly Xavier filed a supplemental reporter’s record on December 27, 2018, State’s Exhibit #60, labeled “CD

– Children’s Health Medical Records” is still missing from the record.
We ORDER court reporter Kimberly Xavier to file a supplemental reporter’s record containing State’s Exhibit #60 within TEN D AYS OF THE DATE OF THIS ORDER

. We caution Ms. Xavier that the failure to file the supplemental reporter’s record by that date may

resu lt in the Court taking whatever action it deems appropriate to ensure this appeal proceeds in amore timely fashion, including ordering that she not sit until the supplemental reporter’s record

is filed. Once the supplemental reporter’s record is filed, th e Court will rule on appellant’s January 16, 2019 motion to extend time to file his brief.
We DIRECT the Clerk to send a copy of this order to the Honorable Gracie Lewis, Presiding Judge, Criminal District Court No.3; Kimberly Xavier, court reporter, Crimi nal District Court No.3; and counsel for all parties.

/s/ LANA MYERS JUSTICE
<PAGE>


                                                                  [EXHIBIT 99.1]

                            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 of Valley National Gases Incorporated (the
"Company") on Form 10-K for the fiscal year ended June 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
William A. Indelicato, Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 Of the
Sarbanes-Oxley Act of 2002, that:

      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/ William A. Indelicato
                                        -------------------------------------
                                        William A. Indelicato
                                        Chief Executive Officer
                                        September 24, 2002
EXHIBIT 32.2

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

In  connection  with the  Quarterly  Report of KRYPTIC  ENTERTAINMENT  INC. (the
"Company")  on Form 10-Q for the period  ended  June 30,  2009 as filed with the
Securities and Exchange  Commission on the date hereof (the  "Report"),  I, Shan
Qiang,  Chief Financial Officer of the Company,  certify,  pursuant to 18 U.S.C.
1350,  as adopted  pursuant  to Section 906 of the  Sarbanes-Oxley  Act of 2002,
that:

The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

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


                                    /s/ Shan Qiang
                                    --------------------------------------------
Date: July 23, 2009                 Shan Qiang
                                    Secretary Treasurer, and Principal Financial
                                    and Accounting Officer
Exhibit 99.2

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 Quarterly Report of Salient 3 Communications, Inc. (the
"Company") on Form 10-Q for the period ended July 4, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Paul
H. Snyder, the Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. SS 1350, as adopted pursuant to SS 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/Paul H. Snyder **
-----------------------
Paul H. Snyder
Chief Financial Officer
August 7, 2003

* In lieu of income statements and balance sheets, the Company's Form 10-Q
includes statements of net assets in liquidation and statements of changes in
net assets in liquidation.  The certifications made herein should be construed
accordingly.

** A signed original of this written statement required by Section 906 has
been provided to Salient 3 Communications, Inc. and will be retained by the
Company and furnished to the Securities and Exchange Commission or its staff
upon request.
106TH CONGRESS

1ST SESSION S. 1595

AN ACT

To designate the United States courthouse at 401 West

Washington Street in Phoenix, Arizona, as the ‘‘Sandra

Day O’Connor United States Courthouse’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1595 ES

1 SECTION 1. DESIGNATION OF SANDRA DAY O’CONNOR

2 UNITED STATES COURTHOUSE.

3 The United States courthouse at 401 West Wash4 ington Street in Phoenix, Arizona, shall be known and des5 ignated as the ‘‘Sandra Day O’Connor United States

6 Courthouse’’.

7 SEC. 2. REFERENCES.

8 Any reference in a law, map, regulation, document,

9 paper, or other record of the United States to the United

10 States courthouse referred to in section 1 shall be deemed

11 to be a reference to the ‘‘Sandra Day O’Connor United

12 States Courthouse’’.

Passed the Senate October 8, 1999.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION S. 1595

AN ACT

To designate the United States courthouse at 401

West Washington Street in Phoenix, Arizona, asthe ‘‘Sandra Day O’Connor United States Courthouse’’.
Order entered October 31, 2022

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-00677-CV

JAMES ALAN BARNES, INDIVIDUALLY AND NEXT FRIEND OF E.B., A 

MINOR, AND AS THE PERSONAL REPRESENTATIVE OF THE ESTATE 

OF C.A.B, DECEASED, AND MIRTHA BARNES, INDIVIDUALLY AND 

NEXT FRIEND OF E.B., A MINOR Appellants

V.

FREEDOM POWERSPORTS, L.L.C., Appellee

On Appeal from the 44th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-22-07429

ORDER

The reporter’s record in this cause is overdue. By postcard dated August 10, 

2022, we notified the Official Court Reporter for the 44th Judicial District Court

that the reporter’s record was overdue and directed her to file, within thirty days,

(1) the reporter’s record, (2) written verification no hearings were recorded, or (3) 

written verification appellants had not requested the record. When the reporter had 

not complied by September 27, 2022, we again notified her the record was overdue 
and ordered her to file the record or requested verification no later than October 12, 

2022. To date, the reporter has not complied. 

This appeal cannot proceed until the issue of the reporter’s record is 

resolved. Accordingly, we ORDER the reporter, Janet Saavedra, to file the record 

or requested verification NO LATER THAN November 15, 2022. We expressly 

CAUTION Ms. Saavedra that failure to comply with this order may result in an 

order that she not sit as a court reporter until she complies.

We DIRECT the Clerk of the Court to send copies of this order to the 

Honorable Ashley Wysocki, Presiding Judge of the 44th Judicial District Court; 

Ms. Saavedra; and, the parties.

/s/ KEN MOLBERG

JUSTICE