alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Appellee, v. Nicholas PALMIOTTO, Defendant-Appellant.

No. 469, Docket 29537.

United States Court of Appeals Second Circuit.

Argued May 4, 1965.

Decided June 11, 1965.

*224H. Elliot Wales, New York City (Abraham H. Brodsky, New York City, on the brief), for appellant.

Jack D. Samuels, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, John S. Martin, Jr., Asst. U. S. Atty., of counsel), for appellee.

Before MOORE, SMITH and HAYS, Circuit Judges.

PER CURIAM.

Defendant was found guilty and convicted in a nonjury trial before Judge Cannella on two counts of violation of the federal narcotics laws.1 We affirm.

A government agent testified he saw defendant receive a brown paper bag from someone inside a double-parked green Chevrolet near one intersection, carry the bag two blocks west to another intersection, drop it to the ground, and wait about one and one-half minutes several feet from the package, meanwhile looking nervously around. The agent also saw one Casería, defendant’s accomplice, pick up the bag. A New York City detective testified that, from her vantage point one block west, she saw defendant throw the bag on the ground where Caserta picked it up to bring to her. The bag contained narcotics. Another agent partly corroborated the first agent’s testimony. Therefore, we conclude that defendant’s possession of the paper bag containing narcotics was purposive as a part of the delivery of narcotics to Casería. See United States v. Davis, 328 F.2d 864, 866 (2d Cir. 1964); United States v. Gregory, 309 F.2d 536, 537-538 (2d Cir. 1962), cert. denied sub nom. Sumpter v. United States, 373 U.S. 953, 83 S.Ct. 1684, 10 L.Ed.2d 707 (1963); United States v. Barrington, 291 F.2d 481 (2d Cir. 1961); United States v. Santore, 290 F.2d 51, 64-65 (2d Cir. 1959), adhered to on rehearing *in banc,*290 F.2d 74, 79 (1960), cert. denied as to other defendants, 365 U.S. 834-835, 81 S.Ct. 745, 5 L.Ed.2d 743 (1961).

It was not inconsistent for the trial judge to acquit defendant on the conspiracy count while convicting him on the substantive counts. United States v. Wilson, 342 F.2d 43, 45 (2d Cir. 1965); United States v. Dovico, 329 F.2d 52 (2d Cir. 1964); United States v. Robinson, 320 F.2d 880, 881-882 (2d Cir. 1963).

As to the third contention, that 26 U.S.C. § 4705(a) (1958) requires the government to prove that defendant had not received a written Treasury order from Caserta we would apply the rule that “it is not incumbent upon the government either to allege * * * or to *225prove * * * that a purchaser of opium [or other narcotic drug] did so without a written order on the form prescribed.” Chin Gum v. United States, 149 F.2d 575, 577 (1st Cir. 1945); accord, United States v. Sabella, 272 F.2d 206, 211 (2d Cir. 1959) (dictum).

Affirmed.

1

. 21 U.S.C. §§ 173,174 (1958); Int.Rev. Code of 1954, §§ 4705(a), 7237(b).
**Exhibit32.2**

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Inconnection with the Quarterly Report of Carreker Corporation (the Company) onForm 10-Q for the quarter ending October 31, 2006 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Lisa K. Peterson,Chief Financial Officer, certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

(1)  The Reportfully 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/    LISA K. PETERSON |   |
|---------------------------------------------|--------|
|                                        |
| Lisa K. Peterson, Chief Financial Officer   |

 

 

Dated:    December 7, 2006

1

----
#### Frederick Lange, Respondent, v. Peter Kearney, Appellant.

Judgment reversed, new trial ordered, costs to appellant to abide event. Opinion

*Per Curiam.*
#### Erastus N. Lee, Respondent, v. The New York, Lake Erie and Western Railroad Company, Appellant.

Motion for reargumeAt, or for leave to appeal to the Court of Appeals, denied.
Exhibit 31.2

CERTIFICATION

I, Gary Corsi, certify that: 

1.	I have reviewed this quarterly report on Form 10-Q of Sun Life Assurance Company of Canada (U.S.);

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 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: August 14, 2003
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Signed and Filed: February 13, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

February 13, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 424 Filed: 02/13/19 Entered: 02/13/19 13:42:34 Page 1 of 3
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 Case: 19-30088 Doc# 424 Filed: 02/13/19 Entered: 02/13/19 13:42:34 Page 2 of 3  Case: 19-30088 Doc# 424 Filed: 02/13/19 Entered: 02/13/19 13:42:34 Page 3 of 3
<PAGE>
                                                                    EXHIBIT 32.2


              Certification of Chief Financial Officer 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 Packeteer, Inc. (the "Company") on Form
10-K for the year ended December 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, David Yntema, as Chief
Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:


(1)  The Report fully complies with the requirements of Section 13(a) 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 5, 2004                            /s/    DAVID YNTEMA
                                                      -------------------------
                                                      David Yntema
                                                      Chief Financial Officer


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 within the electronic version 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 staff
upon request.
**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, Robert C. Salipante, Principal Executive Officer of Sun Life Assurance Company of Canada (U.S.) (the "Company"), hereby certify, to the best of my knowledge, that the Quarterly Report on Form 10-Q of the Company for the period ended March 31, 2004, filed with the Securities and Exchange Commission on the date hereof (the "Report"), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
* /s/ Robert C. Salipante               ____________

Robert C. Salipante

President

May 14, 2004

 

 

The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350 ("Section 906"), and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934 (the "Exchange Act") or otherwise subject to liability under that section.  This 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 this certification is expressly incorporated by reference into any such filing.
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.*
EXHIBIT 32.1

                                SAVWATT USA, INC.
                             A Delaware Corporation
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In  connection  with the  Amendment  No. 1 to Annual Report of SavWatt USA,
Inc.  ("Company")  on Form 10-K for the year ended  December 31, 2009,  as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Isaac H. Sutton, President and Chief Financial Officer,  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.


Dated: September 23, 2010                  /s/ Isaac H. Sutton
                                           -------------------------------------
                                      By:  Isaac H. Sutton
                                      Its: President and Chief Financial Officer
                                           (Principal Executive Officer)
                                           (Principal Financial Officer)
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</TABLE>
Document Headings

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###### Department of Defense

###### Office of the Secretary

          - [Transmittal No. 10-06]

# AGENCY:

Defense Security Cooperation Agency, DoD.

# ACTION:

Notice.

# SUMMARY:

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

# FOR FURTHER INFORMATION CONTACT:

Ms. B. English, DSCA/DBO/CFM, (703) 601-3740.

The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 10-06 with attached transmittal, policy justification, and Sensitivity of Technology.

Dated: May 26, 2010.

Mitchell S. Bryman,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

      ( print page 30788)          ( print page 30789)          ( print page 30790)          ( print page 30791)    

BILLING CODE 5001-06-P

[FR Doc. 2010-13096 Filed 6-1-10; 8:45 am]

BILLING CODE 5001-06-C
**EXHIBIT        32.1**

**CERTIFICATION        OF **

**CHIEF        EXECUTIVE OFFICER **

**UNDER        SECTION 906 OF THE **

**SARBANES        OXLEY ACT OF 2002, 18 U.S.C. § 1350**

| (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/                  Scott W. Smith                                                                                                           |
|-----------------------------------------------------------------------------------------------------------------------------------------------|
| Scott                  W. Smith                                                                                                     |
| President                  and Chief Executive Officer(Principal                  Executive Officer)  May                  12, 2008 |

----
I 

113TH CONGRESS 

1ST SESSION H. R. 525 

To amend the Controlled Substances Act to exclude industrial hemp from 

the definition of marihuana, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2013 

Mr. MASSIE (for himself, Mr. POLIS, Mr. BLUMENAUER, Mr. HANNA, Mr. 

ROHRABACHER, Mr. FARR, Mr. GRIJALVA, Mr. AMASH, Mr. SCHRADER, 

Mr. DEFAZIO, Mr. ELLISON, Ms. NORTON, Mr. CLAY, Mr. COHEN, Mr. 

MORAN, Ms. BONAMICI, Ms. PINGREE of Maine, Mr. YARMUTH, Mr. 

PETERSON, Mr. BENISHEK, Mr. MCCLINTOCK, Mr. CAMPBELL, Ms. LEE

of California, Mr. POCAN, Ms. SCHAKOWSKY, Mr. NADLER, Mr. GEORGE

MILLER of California, Mr. MCDERMOTT, and Mr. YOHO) introduced the 

following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend the Controlled Substances Act to exclude industrial hemp from the definition of marihuana, 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 ‘‘Industrial Hemp 

5 Farming Act of 2013’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 525 IH

1 SEC. 2. EXCLUSION OF INDUSTRIAL HEMP FROM DEFINI2 TION OF MARIHUANA. 

3 Section 102 of the Controlled Substances Act (21 

4 U.S.C. 802) is amended— 

5 (1) in paragraph (16)— 

6 (A) by striking ‘‘(16) The’’ and inserting 

7 ‘‘(16)(A) The’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(B) The term ‘marihuana’ does not include in10 dustrial hemp.’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(57) The term ‘industrial hemp’ means the 

13 plant Cannabis sativa L. and any part of such plant, 

14 whether growing or not, with a delta-9 tetrahydro15 cannabinol concentration of not more than 0.3 per16 cent on a dry weight basis.’’. 

17 SEC. 3. INDUSTRIAL HEMP DETERMINATION. 

18 Section 201 of the Controlled Substances Act (21 

19 U.S.C. 811) is amended by adding at the end the fol20 lowing: 

21 ‘‘(i) INDUSTRIAL HEMP DETERMINATION.—If a per22 son grows or processes Cannabis sativa L. for purposes 

23 of making industrial hemp in accordance with State law, 

24 the Cannabis sativa L. shall be deemed to meet the con25 centration limitation under section 102(57).’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS