alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 31.1

                            SECTION 302 CERTIFICATION


<PAGE>

                                  EXHIBIT 31.1
                                 CERTIFICATIONS

I, Jonathan Lei, certify that:

1. I have  reviewed  this  amended  report on Form 10-QSB of Roaming  Messenger,
Inc.;

2. Based on my  knowledge,  this  amended  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 amended
report;

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

4. The small business  issuer's other certifying  officers 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)) 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  small  business  issuer,
including its  consolidated  subsidiaries,  is made known to us by others within
those entities,  particularly  during the period in which this amended report is
being prepared; and

     (b) Evaluated the effectiveness of the small business  issuer's  disclosure
controls and  procedures  and presented in this amended  report our  conclusions
about the effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this amended report based on such evaluation; and

5. The small business  issuer's other certifying  officers and I have disclosed,
based  on  our  most  recent  evaluation  of  internal  control  over  financial
reporting,  to the small business  issuer's  auditors and the audit committee of
the small  business  issuer'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 small  business  issuer'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 small  business  issuer's
internal control over financial reporting.

Date:  May 25, 2005


                     /s/ Jonathan Lei
                     ---------------------------------------------------------
                     Jonathan Lei, Chief Executive  Officer,  President,
                     and Chief  Financial  Officer
                     (Principal Executive Officer/Principal Financial Officer)
II

106TH CONGRESS

2D SESSION S. 2334

To amend the Internal Revenue Code of 1986 to extend expensing of environmental remediation costs for an additional 6 years and to include sites

in metropolitan statistical areas.

IN THE SENATE OF THE UNITED STATES

MARCH 30, 2000

Mr. L. CHAFEE (for himself and Mr. JEFFORDS) introduced the following bill;

which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to extend

expensing of environmental remediation costs for an additional 6 years and to include sites in metropolitan

statistical areas.

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

3 SECTION 1. EXTENSION OF EXPENSING OF ENVIRON4 MENTAL REMEDIATION COSTS.

5 (a) EXPANSION OF TARGETED AREAS.—Subpara6 graph (A) of section 198(c)(2) of the Internal Revenue

7 Code of 1986 (defining targeted area) is amended by re8 designating clauses (i) through (iv) as clauses (ii) through
2

•S 2334 IS

1 (v), respectively, and by inserting before clause (ii) (as so

2 redesignated) the following new clause:

3 ‘‘(i) any metropolitan statistical area

4 (within the meaning of section

5 143(k)(2)(B)),’’.

6 (b) EXTENSION.—Section 198(h) of the Internal

7 Revenue Code of 1986 (relating to termination) is amend8 ed by striking ‘‘2001’’ and inserting ‘‘2007’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall apply to taxable years beginning after

11 December 31, 2000.

Æ
II

106TH CONGRESS

2D SESSION S. 2490

To suspend temporarily the duty on certain ion-exchange resin.

IN THE SENATE OF THE UNITED STATES

MAY 1, 2000

Mr. GREGG introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To suspend temporarily the duty on certain ion-exchange

resin.

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

3 SECTION 1. SUSPENSION OF DUTY ON CERTAIN ION-EX4 CHANGE RESIN.

5 (a) IN GENERAL.—Subchapter II of chapter 99 of

6 the Harmonized Tariff Schedule of the United States is

7 amended by inserting in numerical sequence the following

8 new subheading:
2

•S 2490 IS

‘‘ 9902.39.31 Ion-exchange

resin, comprising

a copolymer of 2-

propenenitrile

with 1,2,4-

triethenylcyclohexane, hydrolyzed

(CAS No.

109961–42–4)

(provided for in

subheading

3914.00.60) ....... Free No change No change On or before

12/31/2002 ’’.

1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) applies to goods entered, or withdrawn from

3 warehouse for consumption, on or after the 15th day after

4 the date of enactment of this Act.

Æ
exv4w5






Exhibit 4.5




	 	 	 
	

	 	optionsXpress Holdings, Inc.

ID: 20-1444525

311 W. Monroe

Suite 1000

Chicago, IL 60606






Notice of Grant of Stock Options

and Option Agreement




	 	 	 	 	 
	Name

	 	Option Number:
	 	XXXX
	Address

	 	Plan:
	 	XXX
	City, State, Zip

	 	ID:
	 	XXX-XX-XXXX





Effective GRANT DATE, you have been granted a(n) Non-Qualified Stock Option to buy XXX shares of
optionsXpress Holdings, Inc. (the Company) stock at $XXX per share.



The total price for all shares subject to the option granted is $XXX.



Shares in each period will become fully vested on the date shown.




	 	 	 	 	 	 	 
	Shares	 	Vest Type	 	Full Vest	 	Expiration
	Shares1

	 	On Vest Date
	 	Vest Date1
	 	Exp Date1
	Shares2

	 	On Vest Date
	 	Vest Date2
	 	Exp Date2
	Shares3

	 	On Vest Date
	 	Vest Date3
	 	Exp Date3
	Shares4

	 	On Vest Date
	 	Vest Date4
	 	Exp Date4
	Shares5

	 	On Vest Date
	 	Vest Date5
	 	Exp Date5





By your receipt of this document and the Company’s signature below, (i) you and the Company
agree that these options are granted under and governed by the terms and conditions of the
optionsXpress Holdings, Inc. XXXX Equity Incentive Plan, as amended from time to time (the
“Plan”), and the Employee Option Terms and Conditions, as amended from time to time (the
“Option Terms”), all of which are incorporated by reference and made a part of this agreement,
and (ii) you acknowledge responsibility for reviewing the terms and conditions of the Plan,
the Option Terms and the related Prospectus, all of which are available on the Company’s
intranet site (web broker: www.optionsxpress.com) or upon request from the Company’s Chief
Financial Officer.




	 	 	 
	 
	 	 
	 

	 	 
	optionsXpress Holdings, Inc.

	 	Date
Form of Specimen Stock Certificate



 Exhibit 4.2 
  

			
	No. ___	  	                        
Shares

 CALLAWAY GOLF COMPANY 
 (a Delaware corporation) 
 This certifies that ________ is the owner and registered holder of
___________ Shares of 7.50% Series B Cumulative Perpetual Convertible Preferred Stock, par value $0.01 per share, transferable only on the books of the corporation by the holder hereof in person or by duly authorized
attorney upon surrender of this certificate properly endorsed. 
 The sale of this security has not been registered under the United States Securities
Act of 1933, as amended (the “Securities Act”), and accordingly, this security may not be offered or sold except as set forth in the following sentence. By its acquisition hereof, the holder agrees (1) that it will not within the
later of (x) one year after the latest issue date of this security and (y) three months after it ceases to be an affiliate (within the meaning of Rule 144 under the Securities Act) of the issuer, offer, resell, pledge or otherwise transfer
the security evidenced hereby or the common stock issuable upon conversion of such security, except (a) to the issuer; (b) under a registration statement that has been declared effective under the Securities Act; (c) to a person the
seller reasonably believes is a Qualified Institutional Buyer (as defined in Rule 144A under the Securities Act) that is purchasing for its own account or for the account of another Qualified Institutional Buyer and to whom notice is given that the
transfer is being made in reliance on Rule 144A, all in compliance with Rule 144A (if available); or (d) under any other available exemption from the registration requirements of the Securities Act; and (2) that it will, prior to any
transfer of this security within the later of (x) one year after the latest issue date of this security and (y) three months after it ceases to be an affiliate (within the meaning of Rule 144 adopted under the Securities Act) of the
issuer, furnish to the trustee and the issuer such certifications, legal opinions or other information as may be required pursuant to the certificate of designation to confirm that such transfer is being made pursuant to an exemption from, or in a
transaction not subject to, the registration requirements of the Securities Act. 
 IN WITNESS WHEREOF, the said corporation has
caused this certificate to be signed by its duly authorized officers and to be sealed with the seal of the corporation this 15th day of June, 2009. 
  

							
	 CORPORATE
 SEAL
	 	  	 		 	  
		 	Brian P. Lynch	 		 	Bradley J. Holiday
		 	Corporate Secretary	 		 	 Senior Executive Vice President and
 Chief
Financial Officer
**Exhibit32.1**

CERTIFICATIONPURSUANT TO18 U.S.C. Section 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report of XETA Technologies, Inc. (the “Company”) on Form 10-Q forthe fiscal quarter ended July 31, 2006, as filed with the Securities andExchange Commission (the “Report”), I, Jack R. Ingram, Chief Executive Officerof the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

(2)                                 Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
|   | /s/ Jack R. Ingram      |   |
|--------|-------------------------|--------|
|   | Jack R. Ingram          |
|   | Chief Executive Officer |
|   | August 29, 2006         |

 

----
EXHIBIT 32

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 periodic report of Rancon Realty Fund IV (the Partnership) on Form 10-Q for the period
ended September 30, 2007 as filed with the Securities and Exchange Commission (the Report), I, Daniel L. Stephenson, General Partner of the Partnership, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter
63, Section 1350 of the United States Code, that I perform the functions of chief executive officer and chief financial officer of the Partnership, and that to the best of my knowledge:

(1) 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 Partnership at the dates and for the periods indicated.

A signed original of this written statement required by Section 906,
or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form with the electronic version of this written statement required by Section 906, has been provided to the Partnership and will be
retained by the Partnership and furnished to the Securities and Exchange Commission or its staff upon request.

This Certification has not
been, and shall not be deemed, filed with the Securities and Exchange Commission.



|                        |  |  |  |                                                         
|----------------------- |  |  |  | --------------------------------------------------------
|Date: November 14, 2007 |  |  |  | /s/ Daniel Stephenson                                   
|                        |  |  |  | Daniel Stephenson, General Partner Rancon Realty Fund
IV
II

106TH CONGRESS

2D SESSION S. 2399

To amend title XVIII of the Social Security Act to revise the coverage

of immunosuppressive drugs under the medicare program.

IN THE SENATE OF THE UNITED STATES

APRIL 11, 2000

Mr. DURBIN (for himself and Mr. LEVIN) introduced the following bill; which

was read twice and referred to the Committee on Finance

A BILL

To amend title XVIII of the Social Security Act to revise

the coverage of immunosuppressive drugs under the

medicare program.

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 ‘‘Comprehensive Im5 munosuppressive Drug Coverage for Transplant Patients

6 Act of 2000.’’

7 SEC. 2. REVISION OF COVERAGE OF IMMUNOSUPPRESSIVE

8 DRUGS UNDER THE MEDICARE PROGRAM.

9 (a) REVISION.—
2

•S 2399 IS

1 (1) IN GENERAL.—Section 1861(s)(2)(J) of the

2 Social Security Act (42 U.S.C. 1395x(s)(2)(J)) (as

3 amended by section 227(a) of the Medicare, Med4 icaid, and SCHIP Balanced Budget Refinement Act

5 of 1999 (113 Stat. 1501A–354), as enacted into law

6 by section 1000(a)(6) of Public Law 106–113) is

7 amended by striking ‘‘, to an individual who re8 ceives’’ and all that follows before the semicolon at

9 the end and inserting ‘‘to an individual who has re10 ceived an organ transplant’’.

11 (2) CONFORMING AMENDMENTS.—

12 (A) Section 1832 of the Social Security

13 Act (42 U.S.C. 1395k) (as amended by section

14 227(b) of the Medicare, Medicaid, and SCHIP

15 Balanced Budget Refinement Act of 1999 (113

16 Stat. 1501A–354), as enacted into law by sec17 tion 1000(a)(6) of Public Law 106–113) is

18 amended—

19 (i) by striking subsection (b); and

20 (ii) by redesignating subsection (c) as

21 subsection (b).

22 (B) Subsections (c) and (d) of section 227

23 of the Medicare, Medicaid, and SCHIP Bal24 anced Budget Refinement Act of 1999 (113

25 Stat. 1501A–355), as enacted into law by sec-
3

•S 2399 IS

1 tion 1000(a)(6) of Public Law 106–113, are re2 pealed.

3 (3) EFFECTIVE DATE.—The amendments made

4 by this subsection shall apply to drugs furnished on

5 or after the date of enactment of this Act.

6 (b) EXTENSION OF CERTAIN SECONDARY PAYER RE7 QUIREMENTS.—Section 1862(b)(1)(C) of the Social Secu8 rity Act (42 U.S.C. 1395y(b)(1)(C)) is amended by adding

9 at the end the following: ‘‘With regard to immuno10 suppressive drugs furnished on or after the date of enact11 ment of the Comprehensive Immunosuppressive Drug

12 Coverage for Transplant Patients Act of 2000, this sub13 paragraph shall be applied without regard to any time lim14 itation.’’.

Æ
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-40517

Summary Calendar

 

LEE-AUNDRY LAMON GORDON,

Petitioner-Appellant,

versus

JANIE COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL 

JUSTICE, INSTITUTIONAL DIVISION,

Respondent-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:01-CV-334

- - - - - - - - - -

December 27, 2002

Before JOLLY, JONES, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Lee-Aundry Lamon Gordon appeals the district court’s denial

of his claim in his 28 U.S.C. § 2254 petition that counsel was

ineffective when he elicited Gordon’s confession to the offense

of aggravated robbery. Gordon argues that the entire trial

strategy of seeking a conviction for the lesser included offense

of attempted aggravated robbery was destroyed by this confession. 

The record does not support this contention. On direct appeal,
No. 02-40517

-2-

Gordon argued that he was entitled to a jury instruction for the

lesser included offense of attempted aggravated robbery. The

state court determined that because the evidence supported the

jury’s determination that he had committed aggravated robbery, he

was not entitled to such an instruction. Thus, Gordon’s argument

that he was prejudiced by not being able to make a case for

attempted aggravated robbery is meritless. Gordon has not shown

that but for counsel’s eliciting a judicial confession, the

result of the proceedings would have been different. Strickland

v. Washington, 466 U.S. 668, 694 (1984). Moreover, the record

indicates that counsel was trying to show that Gordon did not

have the requisite intent to rob and was therefore guilty only of

attempted aggravated robbery. Under the deferential standard by

which counsel’s actions at trial are judged, Gordon has not shown

that counsel’s conduct fell outside the wide range of reasonable

professional assistance. Strickland, 466 U.S. at 689. 

The same arguments raised herein were rejected by the state

court when it denied Gordon’s habeas application. Gordon has not

attempted to show, now has he shown, that the state court’s

decision (1) was contrary to, or an unreasonable application of,

clearly established Federal law, as determined by the Supreme

Court; or (2) was based on an unreasonable determination of the

facts in light of the evidence presented in the State court

proceeding. 28 U.S.C. § 2254(d)(1) & (2). The denial of his

28 U.S.C. § 2254 petition is therefore AFFIRMED.
# Howard Henry Baker, Jr.: A Featured Biography

**

----

Howard Baker, Jr., of Tennessee served 18 years in the Senate, from 1967 to 1985, becoming the Republican floor leader in 1977. He is perhaps best known for his role as vice chair of the Senate Select Committee on Presidential Campaign Activities―the Watergate Committee―where he pointedly asked, "What did the President know and when did he know it?" As Republican leader, Baker worked with the Democratic leader, Robert Byrd, to skillfully manage the contentious debate over the Panama Canal treaties in 1978. He retired from the Senate in 1985 to become White House chief of staff for President Ronald Reagan. In 1998 Baker delivered one of the "Leader's Lectures," recalling his years as party leader. When the Senate established a Leadership Portrait Collection in 1999, it was Baker’s portrait by Herbert Abrams that started the collection.  

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### Howard Henry Baker Jr. 

Howard Baker Jr.
Dismissed and Memorandum Opinion filed December 31 , 2019

.

In The 

## Fourteenth Court of Appeals

NO. 14

- 19

- 00835

- CV

NII

- OTABIL NELSON , Appellant

V.

DOREEN E NELSON , Appellee

On Appeal from the 245th District Court

Harris County, Texas Trial Court Cause N o. 2006

- 31097

MEMORANDUM OPINION
This is an attempted appe al from a judgment signed June 24, 2019

. Appellant filed a motion for new trial. When appellant has filed a timely post

judgment motion, the notice of ap peal must be filed within 90 days after th e date the judgment is signed. See Tex. R. App. P. 26.1(a). Appellant’s notice of appeal was filed October 21, 2019, more than fifteen days after the date it was due on September 23, 2015. See Verburgt v. Dorner , 959 S.W.2d 615, 617 (Tex.1997).2

Appellan t ’ s notice of appeal was not filed timely. O n November 26, 2019 , notification was transmitted to the parties of this court’s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for contin uing the a ppeal on or before December 5, 2019. See Tex. R. App

. P . 42.3(a). Appellant filed no response.

T he appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Zimmerer, Spain , and Hassan

.