alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

Filed 8/18/15 P. v. Henderson CA2/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication

or ordered published for purposes of rule 8.1115. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

v.

LAMOND S. HENDERSON,

Defendant and Appellant.

 A144986

 (Solano County

 Super. Ct. No. FCR184601)

Lamond S. Henderson appeals from an order denying his Proposition 47 petition 

for resentencing (Pen. Code, § 1170.18, subd. (a)). His counsel raises no issues and asks 

this court for an independent review of the record to determine whether there are any 

arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was apprised of his 

right to file a supplemental brief, but did not do so.

On August 3, 2000, defendant pled no contest to one count of felony first degree 

burglary (Pen. Code, § 459). The court sentenced defendant to the low term of two years 

in state prison. 

On January 15, 2015, defendant petitioned to reduce the felony burglary offense to 

a misdemeanor under Proposition 47, reasoning that the value of property that was the 

subject of the burglary was less than $950, and thus the offense was akin to a 

misdemeanor petty theft offense. The trial court denied the petition, finding that 

defendant’s burglary offense is not one of the enumerated crimes subject to reduction by 

Proposition 47 (Pen. Code, § 1170.18, subd. (a)). 
2

The trial court properly denied the petition. This court has reviewed the entire 

record and there are no meritorious issues to be argued.

The order is affirmed.

_________________________

Rivera, J.

We concur:

_________________________

Reardon, Acting P.J.

_________________________

Streeter, J.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the
Quarterly Report on Form 10-Q of Tower Bancorp, Inc. (the Company) for the period ended September 30, 2009, as filed with the Securities and Exchange Commission (the Report), I, Andrew S. Samuel, President and Chief
Executive Officer of the Company, 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 the operations of the Company as of and for the period covered by the Report.



|                          |  |  |  |     |  |                                      
|------------------------- |  |  |  | --- |  | -------------------------------------
|Date:    November 9, 2009 |  |  |  | By: |  | /s/ Andrew S. Samuel                 
|                          |  |  |  |     |  | Andrew S. Samuel                     
|                          |  |  |  |     |  | President and Chief Executive Officer
|                          |  |  |  |     |  | (Principal Executive Officer)
<PAGE>
                                                                    EXHIBIT 31.1

                  SECTION 302 CERTIFICATION OF PERIODIC REPORT


I, John R. Hickey, certify that:

1. I have reviewed this annual report on Form 10-K of Renaissance Learning,
Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

c) disclosed in this report any change in the registrant's internal control over
financial reporting that occurred during the registrant's most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect the
registrant's internal control over financial reporting; and

5. The registrant's other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent function):

a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

Date: March 5, 2004

                                                    /s/ John R. Hickey
                                             -----------------------------------
                                                      John R. Hickey
                                             President, Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
Restated Prior Period Financial Data Schedule for FAS 128 EPS Exhibit 27.2
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          19,062
<SECURITIES>                                    28,321
<RECEIVABLES>                                   24,097
<ALLOWANCES>                                  (14,758)
<INVENTORY>                                          0
<CURRENT-ASSETS>                               113,362
<PP&E>                                           8,784
<DEPRECIATION>                                 (3,972)
<TOTAL-ASSETS>                                 127,268
<CURRENT-LIABILITIES>                          116,014
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            12
<OTHER-SE>                                     (6,087)
<TOTAL-LIABILITY-AND-EQUITY>                   127,268
<SALES>                                              0
<TOTAL-REVENUES>                                30,896
<CGS>                                                0
<TOTAL-COSTS>                                   18,468
<OTHER-EXPENSES>                                 7,934
<LOSS-PROVISION>                                 5,577
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  4,494
<INCOME-TAX>                                     2,006
<INCOME-CONTINUING>                              2,488
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,488
<EPS-PRIMARY>                                     0.20<F1>
<EPS-DILUTED>                                     0.20
<FN>
<F1>EPS-PRIMARY IS EPS-BASIC.
</FN>


</TABLE>
**EXHIBIT32.1**

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 QuarterlyReport of Tower Bancorp, Inc. (the “Company”) on Form 10-Q for the periodending June 30, 2007 as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), I, Jeff B. Shank, Chief Executive Officer ofthe Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuantto section 906 of the Sarbanes-Oxley Act of 2002, that:

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

(2)  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.
|        |   |   | /s/ Jeff B. Shank       |   |
|--------|--------|--------|-------------------------|--------|
|   |   |   | Chief Executive Officer |   |
|   |   |   | August 8, 2007          |   |

 

----
####                                                   EXHIBIT32: Rule 13a-14(b) Certification

Pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, theChief Executive Officer of Hamptons Extreme, Inc. (the “Company”) certifiesthat:

1.         The Quarterly Report on Form10-QSB of the Company for the period ended September 30, 2009 (the “Report”)fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

2.         The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.

 

Date:  November13, 2009                                /s/ John Delaney  

                                                                            JohnDelaney, Chief Executive Officer
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 Imperial Resources, Inc. (the “Company”) on Form 10-Q for the period ended September 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Robert Bintliff, 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:





(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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date: Noevmber 19, 2012
By:
/s/ Robert BintliffRobert Bintliff

Chief Financial Officer, Principal Financial and Accounting Officer





A signed original of this written statement required by Section 906 has been provided to Imperial Resources, Inc. and will be retained by Imperial Resources, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<PAGE>


<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          55,000
<SECURITIES>                                         0
<RECEIVABLES>                                2,566,000
<ALLOWANCES>                                   251,000
<INVENTORY>                                  1,413,000
<CURRENT-ASSETS>                             6,222,000
<PP&E>                                         916,000
<DEPRECIATION>                                 142,000
<TOTAL-ASSETS>                               7,151,000
<CURRENT-LIABILITIES>                        1,092,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        27,000
<OTHER-SE>                                   6,023,000
<TOTAL-LIABILITY-AND-EQUITY>                 7,151,000
<SALES>                                     10,323,000
<TOTAL-REVENUES>                            10,323,000
<CGS>                                      (7,329,000)
<TOTAL-COSTS>                              (3,019,000)
<OTHER-EXPENSES>                             (293,000)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (346,000)
<INCOME-PRETAX>                              (563,000)
<INCOME-TAX>                                 (182,000)
<INCOME-CONTINUING>                          (381,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (381,000)
<EPS-PRIMARY>                                    (.18)
<EPS-DILUTED>                                    (.18)




</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM AHL
SERVICES, INC. CONSOLIDATED BALANCE SHEET AT DECEMBER 31, 1996 AND THE
CONSOLIDATED STATEMENT OF OPERATIONS FOR THE YEAR ENDED DECEMBER 31, 1996, AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL
STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           1,842
<SECURITIES>                                         0
<RECEIVABLES>                                   35,033
<ALLOWANCES>                                       341
<INVENTORY>                                          0
<CURRENT-ASSETS>                                40,875
<PP&E>                                          13,982
<DEPRECIATION>                                   8,308
<TOTAL-ASSETS>                                  51,953
<CURRENT-LIABILITIES>                           23,522
<BONDS>                                         19,178
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                       5,408
<TOTAL-LIABILITY-AND-EQUITY>                    51,953
<SALES>                                        210,153
<TOTAL-REVENUES>                               210,153
<CGS>                                          155,926
<TOTAL-COSTS>                                  155,926
<OTHER-EXPENSES>                                49,184
<LOSS-PROVISION>                                   150
<INTEREST-EXPENSE>                               1,726
<INCOME-PRETAX>                                  3,618
<INCOME-TAX>                                     1,447
<INCOME-CONTINUING>                              2,171
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,171
<EPS-PRIMARY>                                     0.26<F1>
<EPS-DILUTED>                                     0.26
<FN>
<F1>TAG (EPS - PRIMARY) DENOTES BASIC EPS.
</FN>


</TABLE>
# EXHIBIT 32

CERTIFICATION
Pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

We, the undersigned, certify that, to
the best of our knowledge, this quarterly report on Form 10-QSB for the quarter ended
June 30, 2004, of CAPITAL REALTY INVESTORS-IV LIMITED PARTNERSHIP, and containing the
financial statements, 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 this quarterly
report fairly presents, in all material respects, the financial condition and results of
operations of the small business issuer.

|                |  | CAPITAL REALTY INVESTORS-IV LIMITED     PARTNERSHIP                                                                                                   
|--------------- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------
|                |  | (Small Business Issuer)                                                                                                                               
|                |  | by:  C.R.I., Inc.                                                                                                                                     
|                |  | Managing General Partner                                                                                                                              
|August 12, 2004 |  | by:  /s/ William B. Dockser                                                                                                                           
|DATE            |  | William B. Dockser,
                  Director, Chairman of the Board,
                  and Treasurer
                  (Principal Executive Officer)
|August 12, 2004 |  | by:  /s/ Michael J. Tuszka                                                                                                                            
|DATE            |  | Michael J. Tuszka,
                  Vice President
                  and Chief Accounting Officer
                  (Principal Financial Officer)    

This
certification accompanies this quarterly report and is made solely for purpose of
18 U.S.C. Section 1350, subject to the knowledge standard contained therein, and not
for any other purpose, and shall not be deemed filed by the small business issuer for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
UNITED STATES OF AM ER IC A,

Pla i ntiff-Appe lle e , v. JAIM E RENE LOPEZ-VAAL,

De fe nda n t-Appe l la

nt. No. 18-50037

D.C . No. 3:16-c r-00995-GPC -1
M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Southe rn Distric t of C a lifornia Gonz a lo P. C urie l, Distric t Judge , Pre siding Subm itte d August 30, 2018 ** Pa sa de n a , C a l ifornia B e fore : WARDLAW , B YB EE, a nd IKUTA, C irc uit Judge s. Ja im e R e ne Lope z -Va a l a ppe a ls the distric t c ourt’ s se nte nc e of 40 m onths’ im prisonm e nt a

nd thre e y e ars’ supe rvise d re le a se following his guilty ple a for 

# FIL ED
SEP 04 2018 M OLLY C. DW Y ER, CLERK U

. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by Ninth C irc uit R

ule 36-3.

* * The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without ora l a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).be ing a

re m ove d a lie n found in the Unite d State s in viola

tion of 8 U.S.C . § 1326(a)
and (b). W e have jurisdic tion unde r 28 U.S.C . § 1291. Lope z -Va a l a dm itte d the fa c t s e sta blishing the

e le m e nts ne c e ssa

ry for
c onvic tion unde r 8 U.S.C . § 1326(a) and (b)(1) in his ple a a gre e m e nt a nd R ule 11
c olloquy , na

m e ly tha t he wa s a n a lie n who ha d be e n

“ l awfully e xc lude d , de p orte d
and re m ove d from

the Unite d State s to M e xic o on April 16, 2007,” and tha t prior to this 2007 rem ova l, he ha d be e n c onvic te d of a

fe lony for tra ffic king c oc a ine in viola tion of se c tion 69.50.401(A)(1) of the R e vise d C ode of W a shington. 1 B e c a use Lope z -Va a l’ s c onvic tion unde r §§ 1326(a ) an d (b)(1) wa s prope r, the 40-
m onth se n te nc e im

pose d by the distric t c ourt, whic h

wa s be low the te n-y e ar sta tutory m a xim um e sta b l ishe d in § 1326(b)(1), wa s la wful. The distric t c ourt did not dire c tly

or im plic i tly hold tha t Lope z -Va a l ha d be e n

c onvic te d

of a viola tion of § 1326(b)(2) or tha

t it wa s im

posing a se nte nc ing e nha

nc e m e nt unde r that se c tion. The re fore , we re

je c t Lope z -Va a l’ s a

rgum e nts tha

t the distric t c ourt e rre d by im posing a se nte nc e unde r § 1326(b)(2). AFFIRM E D.

1 Lope z -Va a l wa ive d

the argum e nt tha

t the W a shington offe nse doe s not c ate goric a lly

qua lify a s a fe lony for purpose s of § 1326(b)(1) be c a use he did not ra ise it in his ope

n ing brie f. Se eUnite d State s v . Ande rson , 472 F.3d 662, 668 (9th C ir. 2006). Furthe r, Lope z -Va a l fa ile d to de ve lop this a rgum e nt or c ite any re le va nt pre c e de nt to support this c la im . The re fore , we do not a ddre ss it he re . 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



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-Q for the quarter ended March 31, 2009 (the Form 10-Q) 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-Q 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-Q.





May 20, 2009

/s/ SHARON DOHERTY

Sharon Doherty

Chief Financial Officer

Principal 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-Q 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-Q 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.