alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32

CEO/CFO Certification Pursuant to § 906 of the

Sarbanes-Oxley Act of 2002 (18 U.S.C.§1350)



The undersigned, as the Chief Executive
Officer and Chief Financial Officer of Pinnacle Bankshares Corporation, respectively, certify that to the best of their knowledge and belief the Annual Report on Form 10-KSB for the period ended December 31, 2004, which accompanies this
certification, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, and the information contained in the periodic report fairly presents, in all material respects, the financial
condition and results of operations of Pinnacle Bankshares Corporation and subsidiary at the dates and for the periods indicated. The foregoing certification is made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)
and shall not be relied upon for any other purpose. The undersigned expressly disclaim any obligation to update the foregoing certification except as required by law.



|               |  |                                                                                                               
|-------------- |  | --------------------------------------------------------------------------------------------------------------
|March 25, 2005 |  | /s/ Robert H. Gilliam, Jr.                                                                                    
|Date           |  | Robert H. Gilliam, Jr., President and Chief Executive Officer (principal executive officer)                   
|               | 
|March 25, 2005 |  | /s/ Bryan M. Lemley                                                                                           
|Date           |  | Bryan M. Lemley, Secretary, Treasurer and Chief Financial Officer (principal financial and accounting officer)
[Cite as Jackson v. Cook, Warden, 2019-Ohio-4194.]

COURT OF APPEALS 

FAIRFIELD COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

DENNIS D. JACKSON : JUDGES: 

 : 

 Petitioner : Hon., W. Scott Gwin, PJ. 

 : Hon., Patricia A. Delaney, J. 

 : Hon., William B. Hoffman., J. 

-vs- : 

 : 

BRIAN COOK, WARDEN : Case No. 19CA27 

 : 

 Respondent : O P I N I O N 

CHARACTER OF PROCEEDING: Writ of Habeas Corpus 

JUDGMENT: Dismissed 

DATE OF JUDGMENT: October 10, 2019 

APPEARANCES: 

For Petitioner: For Respondent: 

Dennis D. Jackson #A645-759 Dave Yost 

Southeastern Correctional Institution Ohio Attorney General

5900 B.I.S Road William H. Lamb 

Lancaster, Ohio 43130 Assistant Attorney General 

 Criminal Justice Section 

 441 Vine Street 

 1600 Carew Tower 

 Cincinnati, Ohio 45202 
Fairfield County, Case No.19CA27 2 

Delaney,J. 

 {¶1} On June 27, 2019, Dennis Jackson filed a petition for writ of habeas corpus 

on the basis that his speedy trial rights were violated following a mistrial and 

commencement of a second trial. Mr. Jackson claims the trial court lost jurisdiction before 

the start of his second trial on December 3, 2010. This is the only basis for Mr. Jackson’s 

writ. The Ohio Attorney General has moved to dismiss the writ. 

 {¶2} The Court grants the motion to dismiss because “[a] claimed violation of a 

criminal defendant’s right to speedy trial is not cognizable in habeas corpus.” Travis v. 

Bagley, 92 Ohio St.3d 322, 323, 750 N.E.2d 166 (2001), citing Brown v. Leonard, 86 Ohio 

St.3d 593, 716 N.E.2d 183 (1999); State ex rel. Rackley v. Sloan, 150 Ohio St.3d 11, 

2016-Ohio-3416, 78 N.E.3d 819, ¶9. Instead, an appeal is the appropriate remedy. Travis

at 323, citing State ex rel. Brantley v. Anderson, 77 Ohio St.3d 446, 674 N.E.2d 1380 

(1997). 

 {¶3} Further, Mr. Jackson had an adequate remedy at law, by way of a direct 

appeal, which he pursued in the Second District Court of Appeals. See State v. Jackson, 

2nd Dist. Montgomery No. 24430, 2012-Ohio-2335. In his direct appeal, Mr. Jackson 

raised the very same speedy trial argument that he sets forth in his petition for writ of 

habeas corpus. Id. at ¶¶15-33. The availability of this alternative remedy, which Mr. 

Jackson pursued unsuccessfully on the speedy trial issue, precludes a writ of habeas 

corpus. See Rackley at ¶10, citing State ex rel. O’Neal v. Bunting, 140 Ohio St.3d 339, 

2014-Ohio-4037, 18 N.E.3d 430, ¶15 (“The availability of alternative remedies at law, 

even if those remedies were not sought or were unsuccessful, precludes a writ of habeas 

corpus.”) 
Fairfield County, Case No.19CA27 3 

 {¶4} Because a writ of habeas corpus may not be used to challenge an alleged 

denial of a speedy trial right and extraordinary relief is not available to re-litigate the same 

issue already unsuccessfully litigated, the writ is dismissed. 

{¶5} The clerk of courts is hereby directed to serve upon all parties not in default 

notice of this judgment and its date of entry upon the journal. See Civ.R. 58(B). 

By, Gwin, P.J. 

Delaney, J. and 

Hoffman, J. concur. 

 

 
[Cite as Jackson v. Cook, Warden, 2019-Ohio-4194.]
<PAGE>

                                  EXHIBIT 10.27D

[**]


[**] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED
SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH
RESPECT TO THE OMITTED PORTIONS.
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

________________________ No. 1 2

- 1 5 1 9 3 Non

- Argument Calendar

________________________ D.C. Docket No. 3 : 0 2

- cr - 00064

- HLA

- JBT

- 1
UNITED STATES OF AMERICA, Plaintiff

- Appellee,
versus
RICARDO GARCIA

- ABARCA , a.k.a. Ricardo Garcia, Defendant

- Appellant.

________________________ No. 12

- 15194 Non

- Argument Calendar

________________________ D.C. Docket No. 3:12

- cr - 00098

- MMH

- JBT

- 1 UNITED STATES OF AMERICA, Plaintiff

- Appellee, Case: 12-15194 Date Filed: 06/07/2013 Page: 1 of 22 versus
RICARDO GARCIA

- ABARCA, Defendant

- Appellant.

__________________________ Appeals from the United States District Court for the Middle District of Florida

_________________________ (June 7, 2013) Before HULL , JORDAN and FAY , Circuit Judges
. PER CURIAM: Roland Falcon , counsel for Ricardo Garcia

- Abarca in this direct criminal appeal , has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 Garcia

- Abarca ’s conviction and sentence , along with the revocation of his supervised release and corresponding sentence, are AFFIRMED
.

Case: 12-15194 Date Filed: 06/07/2013 Page: 2 of 2
EXHIBIT 32.1  CERTIFICATIONS





CERTIFICATION  PURSUANT TO


18 U.S.C. SECTION 1350


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Ransom J. Parker, Chief Executive Officer and President 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, to the best of my knowledge, the Quarterly Report of Hooper Holmes, Inc., on Form 10-Q for the quarter ended March 31, 2011 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such Quarterly Report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Hooper Holmes, Inc.


Dated:  May 13, 2011





/s/ Ransom J. Parker


__________________________


Ransom J. Parker


Chief Executive Officer and President


This certification shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liability of Section 18 of the Exchange Act. Such certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.


A signed original of this written statement required by Section 906 has been provided to Hooper Holmes, Inc. and will be retained by Hooper Holmes, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Notices]
[Page 3470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1090]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Final Effect of Designation of a Class of Employees for Addition 
to the Special Exposure Cohort

AGENCY: National Institute for Occupational Safety and Health (NIOSH), 
Department of Health and Human Services (HHS).

ACTION: Notice.

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

SUMMARY: The Department of Health and Human Services (HHS) gives notice 
concerning the final effect of the HHS decision to designate a class of 
employees at the Brookhaven National Laboratory in Upton, New York, as 
an addition to the Special Exposure Cohort (SEC) under the Energy 
Employees Occupational Illness Compensation Program Act of 2000. On 
December 10, 2009, as provided for under 42 U.S.C. 7384q(b), the 
Secretary of HHS designated the following class of employees as an 
addition to the SEC:

    All employees of the Department of Energy, its predecessor 
agencies, and its contractors and subcontractors who worked at the 
Brookhaven National Laboratory in Upton, New York, from January 
1,1947 to December 31,1979, for a number of work days aggregating at 
least 250 work days, occurring either solely under this employment, 
or in combination with work days within the parameters established 
for one or more other classes of employees in the Special Exposure 
Cohort.

This designation became effective on January 9, 2010, as provided for 
under 42 U.S.C. 7384l(14)(C). Hence, beginning on January 9, 2010, 
members of this class of employees, defined as reported in this notice, 
became members of the Special Exposure Cohort.

FOR FURTHER INFORMATION CONTACT: Stuart L. Hinnefeld, Interim Director, 
Office of Compensation Analysis and Support, National Institute for 
Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, 
Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free 
number). Information requests can also be submitted by e-mail to 
<a href="/cdn-cgi/l/email-protection#216e626072616265620f666e77"><span class="__cf_email__" data-cfemail="38777b796b787b7c7b167f776e">[email protected]</span></a>.

John Howard,
Director, National Institute for Occupational Safety and Health.
[FR Doc. 2010-1090 Filed 1-20-10; 8:45 am]
BILLING CODE 4163-19-P


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<PAGE>
                                                                    EXHIBIT 23.1

                         INDEPENDENT AUDITORS' CONSENT

     We consent to the incorporation by reference in Registration Statements No.
333-65245, No. 333-65255, No. 333-31054, No. 333-37456, No. 333-43510, No.
333-62940, No. 333-62942, No. 333-62946 and No. 333-62948 of Entrust, Inc. on
Forms S-8 of our report dated February 15, 2002, appearing in this Annual Report
on Form 10-K of Entrust, Inc. for the year ended December 31, 2001.

/s/ Deloitte & Touche LLP

Dallas, Texas
March 25, 2002
Exhibit 10.34


                                                  March 22, 2002

Bluefly, Inc.
42 West 39th Street
New York, NY 10018

Gentlemen:

         Reference is made to the Warrant issued to us by you to purchase 50,000
shares of common stock of Bluefly, Inc. dated March 30, 2001 (the "Warrant").

         This will confirm that the Warrant is hereby amended as follows:

         1.       The third line of the Warrant which reads "expiring March 30,
                  2006" is deleted and the following is substituted in its place
                  and stead: "March 30, 2007."

         2.       The date "March ____, 2001" in the third line of the first
                  full paragraph of the Warrant is hereby deleted and the
                  following is substituted in its place and stead: "March 30,
                  2001."

         3.       The date "March ____, 2006" in the fourth line of the first
                  full paragraph of the Warrant is hereby deleted and the
                  following is substituted in its place and stead: "March 30,
                  2007."

         Except as hereinabove specifically set forth, the Warrant shall
continue unmodified.

                                              Very truly yours,

                                              ROSENTHAL & ROSENTHAL, INC.

                                              /s/ J. Michael Stanley
                                              ----------------------
                                              J. Michael Stanley
                                              Executive Vice President
Agreed:

BLUEFLY, INC.

By: /s/ E. Kenneth Seiff
    --------------------
Name: E. Kenneth Seiff
Title: Chief Executive Officer

Attest:
--------------------------------
Name:
Title:
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.                  

###### International Trade Commission

          - [Investigation No. 731-TA-1178 (Preliminary)]

# AGENCY:

United States International Trade Commission.

# ACTION:

Notice of withdrawal of petition in antidumping investigation.

# SUMMARY:

On April 29, 2010, the Department of Commerce and the Commission received letters on behalf of the petitioner in the subject investigation (Albaugh, Inc., Ankeny, IA) withdrawing its petition. Commerce has not initiated an investigation as provided for in section 732(c) of the Tariff Act of 1930 (19 U.S.C. 1673a(c)). Accordingly, the Commission gives notice that its antidumping investigation concerning glyphosate from China (investigation No. 731-TA-1178 (Preliminary)) is discontinued.

# DATES:

*Effective Date:*                         April 29, 2010.                    

# FOR FURTHER INFORMATION CONTACT:

                        Amy Sherman (202-205-3289), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (                        *http://www.usitc.gov*). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at                         *http://edis.usitc.gov.*

By order of the Commission.

 Issued: April 30, 2010.

Marilyn R. Abbott,

Secretary to the Commission.

[FR Doc. 2010-10649 Filed 5-5-10; 8:45 am]

BILLING CODE 7020-02-P
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-4905

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus SHARON LEE NECESSARY, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. David A. Faber, Chief District Judge. (5-05-cr-00033) Submitted: February 22, 2007 De cided: February 27, 2007 Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Patricia A. Kurelac, KUR ELAC LAW OFFICES, Moundsville, West Virginia, for Appellant. Charles T. Miller, United States Attorney, Charleston, West Virginia, John L. File, Assistant United States Attorney, Beckley, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Sharon Lee Necessary pled guilty to conspiracy to distribute methamphetamine, 21 U.S.C. § 846 (2000), and was sentenced to a term of seventy months imprisonment. Necessary appeals her sentence, contending that her Sixth Amendment rights were violated by the district court’s fact findings concerning the drug amount and the applicability of a weapon enhancement. U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) (2004). We affirm. In the district court, Necessary contested the drug amount and the firearm enhancement on factual grounds, but did not raise a Sixth Amendment claim. On appeal, relying on United States v. Milam , 443 F.3d 382 (4th Cir. 2006), Necessary argues that, following the Supreme Court’s decision in United States v. Booker , 543 U.S. 220 (2005), the sentencing court may consider only such facts p ertinent to the sentence that were proved to a jury beyond a reasonable doubt or were admitted by the defendant, even when the sentencing guidelines are applied as advisory. We review her claim for plain error, see United States v. Hughes , 401 F.3d 540, 547-48 (4th Cir. 2005), and conclude that it is without merit. Milamaddressed sentences that were imposed under a mandatory guideline scheme. When a defendant is sentenced under the post-Booker advisory guideline scheme, the district court may make factual findings about sentencing factors without violating the Sixth Amendment, as long as the sentence does not exceed the- 3 - statutory maximum sentence for the offense of conviction. United States v. Morris , 429 F.3d 65, 72 (4th Cir. 2005). Necessary’s seventy-eight-month sentence did not exceed the twenty-year statutory maximum sentence applicable to the offense to which she pled guilty. No error occurred. We therefore affirm the sentence imposed by the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
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



Pursuant to Section 906 of the Sarbanes-Oxley of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), each of the undersigned officers of Integrated Security Systems, Inc. (the Company), does hereby certify, to such officers knowledge, that:



The Quarterly Report on Form 10-QSB for the quarter ended December 31, 2007 (the Form 10-QSB) of the Company fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Form 10-QSB fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in the Form 10-QSB.





February 14, 2008

/s/ VERNON H. FOERSTERLING , JR.

Vernon H. Foersterling, Jr.

President and Chief Executive Officer

Principal Executive and Financial Officer





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



The foregoing certification is being furnished as an exhibit to Form 10-QSB pursuant to Item 601(b)(32) of Regulation S-B and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being filed as part of the Form 10-QSB for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
EXHIBIT 10.1

                  CONSENT OF INDEPENDENT CHARTERED ACCOUNTANTS

To:      The Board of Directors of Pure Technologies Ltd.


                We  consent  to the use of our  report  dated  March  30,  2000,
included as an exhibit to Form 20-F.





KPMG LLP

Chartered Accountants

Calgary, Canada
February 22, 2001