alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 32.01**

 

**Section 1350Certification**

 

In connection with this quarterly report of ML Winton FuturesAccess LLC(the “Company”) on Form 10-Q for the quarter ended September 30, 2010as filed with the Securities and Exchange Commission on the date hereof (this “Report”), I,Justin C. Ferri, Chief Executive Officer, President and Manager of MerrillLynch Alternative Investments LLC, the manager of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant of theSarbanes-Oxley Act of 2002, that:

 

1.This Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

2.The information contained in this Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

 

 

Date:November 12, 2010

 

 
| By                                             | /s/  JUSTIN C. FERRI |   |
|------------------------------------------------|----------------------|--------|
| Justin C. Ferri                                |                 |
| Chief Executive Officer, President and Manager |                 |
| (Principal Executive Officer)                  |                 |

 

----
[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Notices]
[Pages 18150-18151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10023]



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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration


Grassroots Regulatory Partnership Meeting; Southeast Region, 
Atlanta District Office; Turkey/Broiler Industry

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting.

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

SUMMARY:  The Food and Drug Administration (FDA) (Office of External 
Affairs, Office of Regulatory Affairs, Office of the Southeast Region, 
and Center for Veterinary Medicine) is announcing a free public 
meeting. FDA's Atlanta District Office (Southeast Region) and the 
Center for Veterinary Medicine will meet with interested persons in the 
Southeast Region to address specific issues related to the turkey/
broiler industry. The agency is holding this meeting to promote the 
President's initiative for a partnership approach with front-line 
regulators and the people affected by the work of the agency, and to 
create local partnerships.

DATES: The public meeting will be held on Tuesday, May 14, 1996, from 8 
a.m. to 5 p.m.

ADDRESSES:  The public meeting will be held at the Sheraton Inn--
Raleigh at Crabtree Valley, 4501 Creedmoor Rd., Raleigh, NC 27812. 
Attendees requiring overnight accommodations may contact the hotel at 
919-787-7111.

FOR FURTHER INFORMATION CONTACT: JoAnn M. Pittman, FDA Atlanta 
District, 60 Eighth St. NE., Atlanta, GA 30309, 404-347-7355, or FAX 
404-347-1912.


[[Page 18151]]


SUPPLEMENTARY INFORMATION:  In the Federal Register of April 20, 1995 
(60 FR 19753), FDA announced that a series of Grassroots Regulatory 
Partnership meetings would be held. Those persons interested in 
attending this meeting should FAX their comments and registration by 
Tuesday, April 22, 1996, including name, firm/organization name, 
address, and telephone number to 404-347-1912. There is no registration 
fee for this meeting, but advance registration is required. Space is 
limited and all interested parties are encouraged to register early. 
The goal of this meeting is to ``listen'' to concerns and ideas, and to 
identify next-steps for the agency.

    Dated: April 15, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-10023 Filed 4-23-96; 8:45 am]
BILLING CODE 4160-01-F
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-2456

DAVID P. FARLEY,

Plaintiff - Appellant,

versus

JOEL LEEB, D.D.S., M.S.D; MIKE YONK, Cedarhurst,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (CA-97-712-5-BR)

Submitted: January 15, 1998 Decided: January 27, 1998

Before MURNAGHAN and LUTTIG, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

David P. Farley, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's orders dismissing his

complaint under 28 U.S.C.A. § 1915A(e)(2) (West Supp. 1997), and

denying his motion for reconsideration. We have reviewed the record

and the district court's opinion and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the

district court. Farley v. Leeb, No. CA-97-712-5-BR (E.D.N.C. Oct.

2 & 7, 1997). 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
```

EXHIBIT 32.1

     CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

August 14, 2006

Securities and Exchange Commission

450 Fifth Street, N.W

Washington, D.C. 20549

Ladies and Gentlemen:

In connection with the Quarterly Report of Handheld Entertainment, Inc. (the
"Company") on Form 10-QSB for the period ended June 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, Jeff Oscodar, the President & Chief Executive
Officer of Handheld Entertainment, Inc, and William J. Bush, the Chief Financial
Officer of Handheld Entertainment, Inc, each certifies 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 Handheld
     Entertainment, Inc.

BY:  /S/ JEFF OSCODAR
     ----------------
Jeff Oscodar
President & Chief Executive Officer

BY:  /S/ WILLIAM J. BUSH
     -------------------
William J. Bush
Chief Financial Officer (Principal Accounting 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 or its
staff upon request.
```
United States Court of Appeals

for the Fifth Circuit

No. 20-10693

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Michael Lawrence Williams, 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 5:06-CR-30-1

Before Wiener, Southwick, and Duncan, Circuit Judges.

Per Curiam:*

Michael Lawrence Williams appeals the district court’s denial of his 

motion for a reduction in sentence under Section 404 of the First Step Act of 

2018. The district court concluded that Williams was eligible for a reduction 

but exercised its discretion and denied the motion.

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

January 11, 2021

Lyle W. Cayce

Clerk

Case: 20-10693 Document: 00515700992 Page: 1 Date Filed: 01/11/2021
No. 20-10693

2

Williams asserts that the district court committed a procedural error 

by failing to explain adequately its decision to deny his motion. He contends

that the district court’s brief explanation in a form order did not address his 

arguments for a reduction in sentence or provide a record to which we could 

apply meaningful appellate review. However, as Williams acknowledges, his 

claim is foreclosed by our caselaw. See United States v. Batiste, 980 F.3d 466, 

479 (5th Cir. 2020). 

Further, Williams argues that the denial of his motion resulted in the 

imposition of a substantively unreasonable sentence. He maintains that his 

continued incarceration is longer than necessary to comply with the relevant 

sentencing objectives and does not account for the need to avoid unwarranted 

sentencing disparities among similarly situated defendants. The substantive 

reasonableness standard does not apply to motions under Section 404 of the 

First Step Act. See id. at 479-80. Therefore, as Williams acknowledges, his 

claim is foreclosed. See id. at 479-80. 

The Government has filed an unopposed motion for summary 

affirmance and, alternatively, requests an extension of time to file its brief. 

Because Williams concedes that the issues asserted on appeal are foreclosed, 

summary affirmance is proper. See Groendyke Transp., Inc. v. Davis, 406 F.2d 

1158, 1162 (5th Cir. 1969).

Thus, the Government’s motion for summary affirmance is 

GRANTED, the Government’s alternative motion for an extension of time 

to file a brief is DENIED as moot, and the judgment of the district court is 

AFFIRMED.

Case: 20-10693 Document: 00515700992 Page: 2 Date Filed: 01/11/2021
**Exhibit 32.2**

**Certification of the 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 Quarterly Report of WMG Acquisition Corp. (the “Company”) on Form 10-Q for the period endedMarch 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Steven Macri, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that: 

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

(2) the information contained inthe Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

Dated: May 10,2011
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 BioForce Nanosciences Holdings,
Inc. (the "Company") on Form 10-QSB for the period ended June 30, 2007, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Gregory D. Brown, 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, to the best of my knowledge:

      (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/ Gregory D. Brown
--------------------
Gregory D. Brown
Chief Financial Officer
August 14, 2007


      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 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. The foregoing certifications are accompanying the
      Company's Form 10-QSB solely pursuant to 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 are not being filed as part of the Form 10-QSB
      or as a separate disclosure document.
#### In the Matter of Aisha Renee W., a Child Alleged to be Neglected. Louise Wise Services, Respondent; Ozro P., Appellant.

Order, Supreme Court, New York County (Felice Shea, J.), entered on or about January 20, 1989 (upon order of referral, Fam Ct, NY County, Judith Sheindlin, J., Aug. 11, 1988), which terminated the parental rights of the natural parents to their child, Aisha Renee W., based upon a fact-finding determination of permanent neglect, unanimously affirmed, without costs.

This appeal is taken only by the respondent father.

In January of 1986, respondent mother voluntarily placed Aisha, then three months old, in foster care. Over the course of the next 22 months, petitioner Louise Wise Services, an authorized placement agency, arranged a regular visitation schedule between Aisha and her natural parents to encourage them to plan realistically for Aisha’s future; urged the father to seek treatment and counseling for his 17-year-long drug use and his propensity towards physical abuse; offered the father referrals to rehabilitation programs and psychiatric treatment; and offered a trial discharge which was aborted as a result of the father’s failure to abide by an agreement entered into with the agency, requiring him to, *inter alia,*successfully complete a drug rehabilitation program and seek counseling for his behavioral problems, which included sexual abuse. Although the respondent father had some contact with their child, the permanent neglect petition here was based on the failure to plan for the child’s future. The record supports the conclusion that the parents failed to properly and realistically plan for Aisha’s return, although physically and financially capable of doing so. Both parents reverted to drug use and temporarily lived in shelters while Aisha was in foster care. Moreover, the only realistic support system identified by the *194respondent father was that of his sister. However, his sister informed caseworkers of her reluctance to support her brother, asserting that he had sexually abused her two daughters.

In view of the record, the court properly found there was clear and convincing evidence that the natural parents had failed, for more than one year, to formulate a feasible and realistic plan to assume the care of the child, despite the agency’s diligent efforts to encourage and strengthen the parental relationship *(Matter of Star Leslie W.,*63 NY2d 136; *Matter of Sheila G.,*61 NY2d 368). Additionally, it is noted that the agency is not a guarantor of an uncooperative parent’s success in overcoming predicaments *(see, Matter of Sheila G.,*61 NY2d, *supra,*at 385).

The evidence adduced at the dispositional hearing amply supports the court’s determination that the natural parents are not able to assume the care of the child and, therefore, that the child’s best interests are served by a termination of parental rights, thus freeing the child for adoption by the foster parents (Social Services Law § 384-b [1]; *Matter of Gregory B.,*74 NY2d 77, 90). Concur—Sullivan, J. P., Ross, Kassal, Ellerin and Wallach, JJ.
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 Juma Technology, Corp. (the "Company")
on Form 10-Q for the period ended September 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Anthony
Fernandez, the 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/ Anthony
  FernandezAnthony
      Fernandez
              Chief
      Financial Officer




November
12, 2009
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

In the Interest of A.B. and D.B., Children

No. 06

- 22

- 00020

- CV Appeal from the 307th District Court of Gregg County, Texas (Tr. Ct. No. 2020

- 1859

- DR ). Memorandum Opinion
deli vered by Chi ef Justice Stevens

, Justice

Rambin and Justice Morriss , III

, * participating. *Justice Morriss, III, Retired, Sitting by Assignment.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court

below. We affirm the judgm ent of the trial court.

We note that the appellant s ha ve adequately indicated their inability to pay costs of

appeal. Therefore, we waive payment of costs.

RENDERED NOVEMBER 13 , 2023
BY ORDER OF THE COURT
SCOTT E. STEVENS
CHIEF JUSTICE

ATTEST:
Debra K. Autrey , Clerk
**EXHIBIT 10.5**

** **

**AMENDMENT NO. 5TO1999 OMNIBUS STOCK INCENTIVE PLAN**

** **

ThisAmendment No. 5 to the 1999 Omnibus Stock Incentive Plan (this “Amendment”)is executed by the undersigned, by and on behalf of Caldera Systems, Inc., aDelaware corporation (the “Company”).

 

**Background**

** **

TheCompany has adopted the Caldera Systems, Inc. 1999 Omnibus Stock Incentive Plan(the “1999 Plan”). The Company desires to amend the 1999 Plan to increase thenumber of shares of Common Stock reserved for issuance under the 1999 Plan.Capitalized terms used in this Amendment but not defined herein have themeaning set forth in the 1999 Plan.

 

**Amendment**

** **

NOW,THEREFORE, the 1999 Plan is hereby amended as follows:

 

1.               Increase isNumber of Shares Subject to the 1999 Plan and Individual Limitation. Thefirst sentence of Section 3(a) of the 1999 Plan is hereby deleted in itsentirety and the following is inserted in its stead:

 

“Subject to adjustment under Section 3(c) below,the maximum number of shares of Common Stock that may be issued under the Planshall be 10,905,238 shares, increased as of November 1 each year,beginning November 1, 2000, by three percent (3%) of the total number ofshares of Common Stock that are issued and outstanding on the immediatelypreceding October 31st.

 

2.               Ratification.Except as specifically modified hereby, the 1999 Plan is hereby ratified andaffirmed by the Company.

 

3.               Effectiveness.No shares of Common Stock shall be issued or other Incentive Awards shall bepermitted to be exercised in reliance upon this Amendment unless and until thestockholders have approved this Amendment and any waiting periods required bygoverning laws or regulations have passed.

 

Theundersigned, who is the duly elected Secretary of the Board of Directors of theCompany, hereby certifies that the Board of Directors of the Company approvedthis Amendment on February 23, 2001.

 

 
|   | Caldera Systems,  Inc., a Delaware corporation |
|--------|------------------------------------------------|
|   |
|   |
|   | By:                                            | /s/ RICHARD C. RIFE |   |
|   |                                           | Richard C.  Rife |
|   |                                           | Secretary to the  Board of Directors |

 

----
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 Nascent Wine Company, Inc. (the "Company") on Form 10-QSB for the three months ended March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Sandro Piancone, acting in the capacity as the Chief Executive Officer, and I, Patrick Deparini, acting in the capacity as the Chief Financial Officer of the Company, certify to the best of my knowledge, 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 result of operations of the Company. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

/s/ Sandro Piancone

|   | Sandro Piancone |  
 

Chief Executive Officer

 

May 2, 2006

 
 

/s/ Patrick Deparini

 

Patrick Deparini

 
 

Chief Financial Officer

 

May 2, 2006

 
 

 

 

 

  |
|--------|-----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

December 28, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-7514

Global Trade Works, LLC:

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/12.21.18_Notice_of_Product_E

xclusions.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs the 10-digit HTSUS subheading under which your request was filed. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation.

Sincerely,

Stephen P. Vaughn

General Counsel
Exhibit 32.1

CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
18 U.S.C. SECTION 1350

In connection with the Quarterly Report on Form 10-Q of Universal Capital Management, Inc. (the Company) for the period ending July 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael D. Queen, Chief Executive Officer of our Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to my knowledge:

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 result of operations of our Company.



|                    |                               | 
|------------------- | ----------------------------- | 
|Date:  June 7, 2013 | /s/ Michael D. Queen          | 
|                    | Michael D. Queen,             | 
|                    | Chief Executive Officer       | 
|                    | (Principal Executive Officer) | 
|                    |                               |