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

The
undersigned, Uziel Leibowitz, the President, Chief Executive Officer, Treasurer
and Director of Fenario, Inc. (the Company), certifies, under the standards
set forth and solely for the purposes of 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge, the
Quarterly Report on Form 10-Q of the Company for the quarter ended September
30, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and information contained in that Form 10-Q
fairly presents, in all material respects, the financial condition and results
of operations of the Company.

|                         |        |                                                                                                                    
|------------------------ | ------ | -------------------------------------------------------------------------------------------------------------------
|Date:
 November 10, 2008 |        |                                                                                                                    
|                         |        |                                                                                                                    
|                         | By:    | /s/ Uziel
 Leibowitz                                                                                               
|                         |        |                                                                                                                    
|                         | Name:  | Uziel
 Leibowitz                                                                                                   
|                         | Title: | President,
 Chief Executive Officer,
 Treasurer and Director(Principal Executive, Financial and Accounting Officer)

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.

14

---
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 Quarterly Report of Vida Life International, Ltd., a Nevada
corporation (“Company”) on Form 10-Q for the period ending September 30, 2008,
as filed with the Securities and Exchange Commission on the date hereof
(“Report”), John C. Jordan, Chief Executive Officer of the Company, certifies to
the best of his knowledge, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:





(1)
            The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and





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





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





Date:
      November 19, 2008
              By:
              /s/ John
      C. JordanJohn
      C. JordanChief
      Executive Officer
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 Quarterly Report of Xun Energy Inc.  (the "Company") on Form 10-Q for the period ended November 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of 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 his 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 operation of the Company.



3.

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.





Date:   January 15, 2013



By: /s/ Jerry G. Mikolajczyk

Jerry G. Mikolajczyk,

Chief Executive Officer

(principal executive officer)
Exhibit 32.1





CERTIFICATION OF CFO PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of WorldGate Communications Inc. (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, Christopher V. Vitale, as Principal Executive Officer, hereby 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 result of operations of the Company.





Dated:  April 5, 2011

/s/  Christopher V. VitaleChristopher V. VitaleChief Administrative Officer(Principal Executive Officer)
* 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 February 18, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-41243 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus GERONIMO HERNANDEZ-HERRERA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-03-CR-431-ALL

-------------------- Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM: * Geronimo Hernandez-Herrera 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. Hernandez-Herrera contends that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional. He therefore argues that his conviction must be reduced to one under the lesser included offense found in 8 U.S.C. § 1362(a), his judgment must be reformed to reflect aNo. 03-41243 -2- conviction only under that provision, and his sentence must be vacated and the case remanded for resentencing to no more than two years’ imprisonment and one year of supervised release.
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. Hernandez-Herrera acknowledges that his arguments are 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 arguments 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.
II

106TH CONGRESS

1ST SESSION S. 146

To amend the Controlled Substances Act with respect to penalties for crimes

involving cocaine, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. ABRAHAM (for himself, Mr. ALLARD, Mrs. FEINSTEIN, Mr. HATCH, Mr.

THURMOND, Mr. HELMS, Mr. KYL, Mr. HUTCHINSON, Mr. GRAMS, Mr.

ENZI, Mr. COVERDELL, and Mr. HAGEL) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Controlled Substances Act with respect to

penalties for crimes involving cocaine, and for other purposes.

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 ‘‘Powder Cocaine Sen5 tencing Act of 1999’’.

6 SEC. 2. SENTENCING FOR VIOLATIONS INVOLVING CO7 CAINE POWDER.

8 (a) AMENDMENT OF CONTROLLED SUBSTANCES

9 ACT.—
2

•S 146 IS

1 (1) LARGE QUANTITIES.—Section

2 401(b)(1)(A)(ii) of the Controlled Substances Act

3 (21 U.S.C. 841(b)(1)(A)(ii)) is amended by striking

4 ‘‘5 kilograms’’ and inserting ‘‘500 grams’’.

5 (2) SMALL QUANTITIES.—Section

6 401(b)(1)(B)(ii) of the Controlled Substances Act

7 (21 U.S.C. 841(b)(1)(B)(ii)) is amended by striking

8 ‘‘500 grams’’ and inserting ‘‘50 grams’’.

9 (b) AMENDMENT OF CONTROLLED SUBSTANCES IM10 PORT AND EXPORT ACT.—

11 (1) LARGE QUANTITIES.—Section

12 1010(b)(1)(B) of the Controlled Substances Import

13 and Export Act (21 U.S.C. 960(b)(1)(B)) is amend14 ed by striking ‘‘5 kilograms’’ and inserting ‘‘500

15 grams’’.

16 (2) SMALL QUANTITIES.—Section

17 1010(b)(2)(B) of the Controlled Substances Import

18 and Export Act (21 U.S.C. 960(b)(2)(B)) is amend19 ed by striking ‘‘500 grams’’ and inserting ‘‘50

20 grams’’.

21 (c) AMENDMENT OF SENTENCING GUIDELINES.—

22 Pursuant to section 994 of title 28, United States Code,

23 the United States Sentencing Commission shall amend the
3

•S 146 IS

1 Federal sentencing guidelines to reflect the amendments

2 made by this section.

Æ
<PAGE>
                                                                    EXHIBIT 32.1

                         CERTIFICATION OF ANNUAL REPORT

         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, the undersigned officer of Renaissance Learning, Inc. (the
"Company"), hereby certifies that, to the undersigned's knowledge:

         (1)      the Company's Annual Report on Form 10-K for the year ended
                  December 31, 2003 (the "Report") fully complies with the
                  requirements of Section 13(a) or 15(d), as applicable, 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.

Dated: March 5, 2004


                                      /s/ John R. Hickey
                                      -----------------------------------------
                                      Name: John R. Hickey
                                      Title: President, Chief Executive Officer

THIS WRITTEN STATEMENT ACCOMPANIES THIS REPORT PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002 AND SHALL NOT BE DEEMED TO BE FILED BY THE COMPANY
FOR PURPOSES OF THE SECURITES EXCHANGE ACT OF 1934.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 7
<LEGEND>
(*)This schedule contains summary financial information extracted from Overseas'
Consolidated Balance Sheets and the Statements of Consolidated Income and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<DEBT-HELD-FOR-SALE>                                 0
<DEBT-CARRYING-VALUE>                           60,371
<DEBT-MARKET-VALUE>                             90,818
<EQUITIES>                                   1,261,434
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                               2,069,582
<CASH>                                         221,778
<RECOVER-REINSURE>                                   0
<DEFERRED-ACQUISITION>                          72,474
<TOTAL-ASSETS>                               3,934,655
<POLICY-LOSSES>                                351,908
<UNEARNED-PREMIUMS>                            300,457
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                756,539
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,700
<OTHER-SE>                                      31,307
<TOTAL-LIABILITY-AND-EQUITY>                 2,360,651
<PREMIUMS>                                     161,693
<INVESTMENT-INCOME>                             19,361
<INVESTMENT-GAINS>                               8,467
<OTHER-INCOME>                                  58,704
<BENEFITS>                                      77,996
<UNDERWRITING-AMORTIZATION>                     25,654
<UNDERWRITING-OTHER>                                 0
<INCOME-PRETAX>                                199,229
<INCOME-TAX>                                     2,405
<INCOME-CONTINUING>                            196,824
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   196,824
<EPS-PRIMARY>                                     1.55
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                       0<F1>
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0
<FN>
<F1>AMOUNTS FOR SECURITIES ACT INDUSTRY GUIDE 6 AND EXCHANGE ACT INDUSTRY GUIDE 4
DISCLOSURES ARE REQUIRED FOR ANNUAL FILINGS ONLY. ACCORDINGLY, NO AMOUNTS WILL
BE REPORTED FOR INTERIM FILINGS.
</FN>
        

</TABLE>
No. 1422, Misc.

Petitioner *pro se. Louis J. Lefkowitz,*Attorney General of New York, and *Anthony J. Lokot,*Assistant Attorney General, for respondent.

#### Seymour *v.*New York.

Court of Appeals of New York. Certiorari denied.
EXHIBIT 32.1

                            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  September 30, 2008, as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
John Lagourgue,  Chief Executive 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/ John Lagourgue
                                  ----------------------------------------------
Date: October 20, 2008            John Lagourgue
                                  President, CEO and principal executive officer
(No. 6087.

April 23, 1934.)

#### STATE INSURANCE FUND, Appellant, v. BOARD OF COMMISSIONERS OF OWYHEE COUNTY, IDAHO, Respondent.

[34 Pac. (2d) 956.]

William Healy, for Appellant.

L. N. Smith, Prosecuting Attorney of Owyhee County, and Oppenheim and Lampert, for Respondent.

Richards *&*Haga, as *Amici Curiae.*

HOLDEN, J.

Upon the authority of the opinion in the case *Garrity et al. v. Board of County*Commissioners, *ante,*p. 342, 34 Pac. (2d) 949, the judgment of the trial court herein is affirmed, with costs to respondent.

Budge, C. J., and Givens, Morgan and Wernette, JJ., concur.

Petition for rehearing denied.
# P

CP.4.0k Parraguirre J.

• WNSi4eatiMMINE the Blockburger test, appellant's convictions each require proof of an element the other does not. NRS 201.210(1) (requiring an act of lewdness); NRS 201.220(1) (requiring an indecent or obscene exposure). Accordingly, appellant's convictions are not redundant, and we

ORDER the judgment of conviction AFFIRMED.

— Hardesty

cc: Hon. Scott N. Freeman, District Judge Washoe County Public Defender Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT

OF NEVADA (0) 1947A a • =. 2
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*





I, David
M. McNamee, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Quarterly Report on Form 10-Q of Bethesda C0801, Inc. for the quarter ended
December 31, 2009 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 Quarterly Report on Form 10-Q fairly
presents in all material respects the financial condition and results of
operations of Bethesda C0801, Inc.





Date:
      February 16, 2010
              By:
              /s/ David M.
      McNameeDavid
      M. McNameeChief
      Executive Officer,
                Principal
      Executive Officer and
                Principal
      Financial Officer




* The
foregoing certification is being furnished solely pursuant to 18 U.S.C. Section
1350 and is not being filed as part of the Report or as a separate disclosure
document.
Exhibit
10.37
 **CIT
      Business Credit**
    T:
      212 536-1200211
      Avenue of the AmericasNew
      York, NY 10036
 
 
 December
30, 2004
 
 
 **KNOGO
NORTH AMERICA INC.**
 1881
Lakeland Avenue
 Ronkonkoma,
New York 11779
 
 Gentlemen:
 
 Reference
is made to (i) the Financing Agreement between us dated March 22, 2002, as the
same may be amended from time to time (the “Financing Agreement”) and (ii) the
Forbearance Agreement between us dated December 8, 2003, as the same may be
amended from time to time (the “Forbearance Agreement”). Capitalized terms used
herein and defined in the Financing Agreement and/or the Forbearance Agreement
(as defined in the Financing Agreement) shall have the same meanings herein as
specified therein unless otherwise specifically defined herein.
 
 Effectively
immediately, pursuant to mutual understanding and agreement, the Financing
Agreement shall be, and hereby is, amended as follows:
 
 1.   The
expiration date of the Forbearance Agreement shall be extended from December 8,
2004 to June 30, 2005. In addition, the date December 8, 2004 set forth in
Paragraph B of the Forbearance Agreement (which was extended from the original
date of June 25, 2004) with respect to the $20,000 monthly payments on the
Inventory Loan shall be extended to June 30, 2005.
 
 2.   The
definition of Anniversary Date as referred to Section 1 of the Financing
Agreement shall be, and hereby is, deleted in its entirety and replaced by the
following:
 
 “ Anniversary
Date shall
mean June 30, 2005.”
 
 Notwithstanding
anything to the contrary contained in the Financing Agreement, the Financing
Agreement shall automatically terminate as of the Anniversary Date and all
Obligations under the Financing Agreement shall become immediately due and
payable on the Anniversary Date.
 
 To
compensate us for the use of our in-house legal department and facilities in
documenting this agreement, you agree to pay us a Documentation Fee equal to
$270.00. Said amount shall be due and payable upon the date hereof and may at
our option be charged to your account under the Financing Agreement on the due
date thereof.
 
 No other
change in the terms or provisions of the Financing Agreement or Forbearance
Agreement is intended or implied, and each of such agreements is hereby ratified
and confirmed.
  
  If the
foregoing, is in accordance with your understanding our agreement kindly so
indicate by signing and returning the enclosed copy of this letter. The
Guarantor has signed below to confirm that its guaranty and/or pledge and
security agreements shall continue in full force and effect notwithstanding the
foregoing agreement.
 
 Very
      truly yours,**THE
      CIT GROUP/BUSINESS CREDIT, INC.**By:/s/
      Kim NguyenTitle:
      Assistant Vice President
 
 Read and
Agreed to:
 
 **KNOGO
NORTH AMERICA INC.**
 
 By: /s/
Peter J. Mundy
 Title:
Vice President - CFO
 
 
 Confirmed:
 
 **SENTRY
TECHNOLOGY CORP.**
 
 By: /s/
Peter J. Mundy
 Title:
Vice President - CFO
|                            | (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 25, 2010 | By: /s/ Thomas G. Archbold   |
|                            | Thomas G. Archbold           |
|                            | Chief Financial Officer |
|                            |
|                            |
|                            |
|                            |