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



Section 302 Chief Financial Officer Certification
 Exhibit 31.2 CERTIFICATION PURSUANT TO SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002 I, Javed Latif, certify that:  1.
    I have reviewed this annual report on Form 10-K of En Pointe Technologies, 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 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)
    [Paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986];(c)
    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(d)
    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
functions):  (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: January 28, 2005 /s/ Javed LatifJaved Latif, Senior Vice President and
Chief Financial Officer
* This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

WILLIE LAMAR HARTWELL,

 Petitioner - Appellant,

 v.

DWIGHT NEVEN, Warden and

ATTORNEY GENERAL OF THE STATE

OF NEVADA,

 Respondents - Appellees.

No. 10-17728

D.C. No. 2:07-cv-01371-KJD-LRL

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Kent J. Dawson, District Judge, Presiding

Argued and Submitted February 14, 2012

San Francisco, California

Before: THOMAS, FISHER, and IKUTA, Circuit Judges.

The Nevada state court’s determination that Willie Lamar Hartwell was not

denied his Sixth Amendment right to the effective assistance of counsel was not an

unreasonable application of clearly established Supreme Court precedent because

FILED

MAR 14 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

Hartwell cannot show he suffered prejudice due to any deficiency of counsel. 28

U.S.C. § 2254(d); see Roe v. Flores-Ortega, 528 U.S. 470, 484 (2000). Even

assuming that Hartwell’s indications triggered his counsel’s duty to consult, the

Nevada state court could reasonably conclude that Hartwell was not deprived of an

appeal, given that the Nevada Supreme Court directed the state trial court to

consider all of Hartwell’s “direct appeal” claims even if it determined that counsel

was not ineffective; Hartwell argued his claims to the state trial court with the

assistance of counsel; the state trial court rejected those claims on the merits; and

the Nevada Supreme Court rejected the only claim Hartwell elected to raise on

appeal. See id. at 483.

We also reject Hartwell’s argument that the Nevada sentencing court

violated his federal due process rights by enhancing his sentence under Nevada’s

habitual criminal statute, and therefore need not reach the question whether this

claim was exhausted in state court. See 28 U.S.C. § 2254(b)(2). The Nevada

Supreme Court could reasonably determine, pursuant to state law, that Hartwell

effectively stipulated to at least five prior felony convictions. See Hodges v. State,

78 P.3d 67, 70 (Nev. 2003). Moreover, even if the Nevada Supreme Court erred,

an error of state law such as this one, which does not rise to the level of a federal

due process violation, cannot serve as the basis for federal habeas relief. See
3

Swarthout v. Cooke, 131 S. Ct. 859, 861 (2011); Estelle v. McGuire, 502 U.S. 62,

67–68 (1991).

AFFIRMED.
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 XETA Technologies, Inc. (the Company) on Form 10-Q for the fiscal quarter ended April 30, 2005, as filed with the Securities and Exchange Commission (the Report), I, Robert B. Wagner, Chief Financial 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/ Robert B. Wagner   
| | -----------------------
| |                        
| | Robert B. Wagner       
| | Chief Financial Officer
| | June 1, 2005
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUL-31-2000
<PERIOD-START>                             AUG-01-1999
<PERIOD-END>                               JAN-31-2000
<CASH>                                         208,167
<SECURITIES>                                   810,000
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               208,167
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,408,167
<CURRENT-LIABILITIES>                          218,740
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        73,727
<OTHER-SE>                                   9,525,467
<TOTAL-LIABILITY-AND-EQUITY>                 1,408,167
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                  455,932
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (419,532)
<INCOME-TAX>                                     8,600
<INCOME-CONTINUING>                          (455,932)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 36,400
<CHANGES>                                            0
<NET-INCOME>                                 (419,932)
<EPS-BASIC>                                     (0.44)
<EPS-DILUTED>                                   (0.23)



</TABLE>
**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 XETA Technologies, Inc. (the “Company”) on Form 10-Q/A for the fiscal quarter ended January 31, 2004, as filed with the Securities and Exchange Commission (the “Report”), I, Robert B. Wagner, Chief Financial 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/ ROBERT B. WAGNER          |   |
|--------|-------------------------------|--------|
|   |                               |   |
|   | **Robert B.   Wagner**        |   |
|   | **Chief   Financial Officer** |   |
|   |                          |   |
|   | June 10, 2004                 |   |
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1333
In Re: STANLEY LORENZO WILLIAMS, Petitioner.

On Petition for Writ of Mandamus. (1:07-cv-00757-TDS-RAE) Submitted: July 29, 2008 Decided: August 14, 2008 Before MICHAEL, KING, and GREGORY, Circuit Judges. Petition denied by unpublished per curiam opinion. Stanley Lorenzo Williams, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Stanley Lorenzo Williams petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2254 (2000) petition. He seeks an order from this court directing the district court to act. Although we find that mandamus relief is not warranted because the delay is not unreasonable, we deny the mandamus petition without prejudice to the filing of another mandamus petition if the district court does not act expeditiously. We grant leave to proceed in forma pauperis. 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.

PETITION DENIED
EXHIBIT 32.2

                            SECTION 906 CERTIFICATION

<PAGE>


                                  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 Warp 9, Inc. (the "Company")
on Form 10-Q for the period  ending  December  31, 2008 (the  "Report") I, Louie
Ucciferri,  Corporate  Secretary,  and  Acting  Chief  Financial  Officer of the
Company,  certify,  pursuant  to  18USC  ss.ss..1350,  as  adopted  pursuant  to
ss.ss..906 of the  Sarbanes-Oxley  Act of 2002, that to the best of my knowledge
and belief:

         (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: February 11, 2009

                                    By: \s\Louie Ucciferri
                                    --------------------------------------------
                                    Louie Ucciferri, Corporate Secretary,
                                    Acting Chief Financial Officer
                                    (Principal Financial/Accounting Officer)

         This  certification  accompanies  the Report pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002 and shall not, except to the extent required by
the  Sarbanes-Oxley  Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 12-3027

___________________________

Rhonda Golden

lllllllllllllllllllll Plaintiff - Appellant

v.

Dollar General Corporation; Michelle Hughes; Tom O’Connell, district manager;

Ruth Greggory, risk management; Gaylon Keetis, regional manager; Kimberly

Knaff; Ray LNU, store manager

lllllllllllllllllllll Defendants - Appellees

____________

 Appeal from United States District Court 

for the Western District of Missouri - Kansas City

____________

 Submitted: February 14, 2013

Filed: March 1, 2013 

[Unpublished]

____________

Before MURPHY, SMITH, and COLLOTON, Circuit Judges.

____________

PER CURIAM.
Rhonda Golden appeals the district court’s1

 Federal Rule of Civil Procedure

12(b)(6) dismissal of her complaint. After careful de novo review, see Palmer v. Ill.

Farmers Ins. Co., 666 F.3d 1081, 1083 (8th Cir. 2012), we conclude that the dismissal

was proper because Golden’s complaint did not allege sufficient facts to support any

of her claims, see Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (complaint must contain

sufficient factual matter, accepted as true, that states facially plausible claim for

relief). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

1

The Honorable Gary A. Fenner, United States District Judge for the Western

District of Missouri.

-2-
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6346

RAYMONT TASCO, Petitioner - Appellant, versus GENE M. JOHNSON, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-02-339-02) Submitted: May 15, 2003 Decided: May 27, 2003 Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Raymont Tasco, Appellant Pro Se. Leah Ann Darron, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Raymont Tasco seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C. § 2254 (2000). The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Tasco that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Tasco failed to object to the magistrate judge’s recommendation. The timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review. See Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). Tasco has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. 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.

DISMISSED
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2142 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2142

     To suspend temporarily the duty on certain bromine-containing 
                               compounds.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2000

Mr. Lautenberg introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
     To suspend temporarily the duty on certain bromine-containing 
                               compounds.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BROMINE-CONTAINING COMPOUNDS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new headings:

``      9902.28.08      2-                  Free         No change        No change        On or before 12/
                         Bromoethanesulfon                                                  31/2004
                         ic acid sodium
                         salt (CAS No.
                         4263-52-9)
                         (provided for in
                         subheading
                         2904.90.20)......
        9902.28.09      4,4'-               Free         No change        No change        On or before 12/
                         Dibromobiphenyl                                                    31/2004
                         (CAS No. 92-86-4)
                         (provided for in
                         subheading
                         2903.69.70)......
        9902.28.10      4-Bromotoluene      Free         No change        No change        On or before 12/
                         (CAS No. 106-38-                                                   31/2004          ''.
                         7) (provided for
                         in subheading
                         2903.69.70)......

    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the date that is 15 days after the date of 
enactment of this Act.
                                 <all>
```
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   12-mos
<FISCAL-YEAR-END>               MAR-31-1999
<PERIOD-START>                  APR-01-1998
<PERIOD-END>                    MAR-31-1999
<CASH>                          16,702
<SECURITIES>                    0
<RECEIVABLES>                   16,433
<ALLOWANCES>                    778
<INVENTORY>                     16,970
<CURRENT-ASSETS>                49,926
<PP&E>                          34,412
<DEPRECIATION>                  8,451
<TOTAL-ASSETS>                  73,698
<CURRENT-LIABILITIES>           32,221
<BONDS>                         0
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<COMMON>                        13
<OTHER-SE>                      20,121
<TOTAL-LIABILITY-AND-EQUITY>    73,698
<SALES>                         85,005
<TOTAL-REVENUES>                87,200
<CGS>                           65,083
<TOTAL-COSTS>                   65,083
<OTHER-EXPENSES>                10,776
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              1,495
<INCOME-PRETAX>                 9,771
<INCOME-TAX>                    1,902
<INCOME-CONTINUING>             7,869
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    5,856
<EPS-BASIC>                   0.46
<EPS-DILUTED>                   0.46



</TABLE>
#### Minnie C. Michel, as Executrix, etc., of Sophia Mary Callahan, Deceased, Respondent, v. Camilla Callahan, Appellant, Interpleaded with the Knights of the Maccabees of the World.

Judgment affirmed, with costs.

Ah concurred.
<PAGE>
 
                                                                      EXHIBIT 23


                      CONSENT OF INDEPENDENT ACCOUNTANTS

     We consent to the incorporation by reference in the registration statements
of Advanced Radio Telecom Corp. on Form S-8 (File No. 333-21875), Form S-4 (File
No. 333-33689), Form S-4 (File No. 333-50083), and Form S-3 (File No. 333-31453)
of our report dated March 29, 1999, on our audits of the consolidated financial
statements of Advanced Radio Telecom Corp. and Subsidiaries as of December 31,
1998 and 1997, and for the three years ended December 31, 1998, which report is
included in this Annual Report on Form 10-K.

PricewaterhouseCoopers LLP

Seattle, Washington
April 14, 1999
|   | Exhibit 99.1 Certification of Chief Executive Officer |  |
|--------|------------------------------------------------------------|--|

         Pursuant to 18 U.S.C. § 1350, the undersigned officer of Alfa Corporation (the “Company”), hereby certifies, tosuch officer’s knowledge, that the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2002 (the “Report”) fully complies with the requirements of Section 13(a) or 15 (d), as applicable, of the SecuritiesExchange 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.

|        |           |   |   |                                                                                                           |
|--------|----------------|--------|--------|----------------------------------------------------------------------------------------------------------------|
|   | Date: 11/13/02 |   |   | /S/ JERRY A. NEWBY                                                                                             |
|        |                |        |        |    Name: **Jerry A. Newby**   Title: **Chief Executive Officer**  |