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




In connection with the Quarterly
Report of Bioheart, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2010 as filed with the Securities and Exchange
Commission on the date hereof (the Report), the undersigned officer of the Company hereby certifies, pursuant to 18 U.S.C. section 906 of
the Sarbanes-Oxley Act of 2002, to such officers knowledge that:




(i) the Quarterly Report on Form 10-Q of the Company for
the quarterly period ended March 31, 2010 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d), as
applicable, of the Securities Exchange Act of 1934, as amended (subject to the Companys position prevailing in regard to the remaining unresolved
SEC comment, as more fully described in the Report); and




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




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.


|May 14,
2010 |  |  |  | /s/ Karl E. Groth, Ph.D.      
|------------ |  |  |  | ------------------------------
|             |  |  |  | Name:
Karl E. Groth, Ph.D.    
|             |  |  |  | Title: Chief Executive Officer

---
1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JAMES CRAIG CRISTINI,

 

Petitioner, Civil No. 01-CV- 74483-DT

HONORABLE DENISE PAGE HOOD

v. UNITED STATES DISTRICT JUDGE

JEFFREY WOODS,

Respondent.

__________________________________/

OPINION AND ORDER GRANTING MOTION TO AMEND CAPTION TO

CHANGE RESPONDENT

James Craig Cristini, (“Petitioner”), presently confined at the Kincheloe

Correctional Facility in Kinross, Michigan, has filed a petition for writ of habeas

corpus pursuant to 28 U.S.C. § 2254, in which he challenges his conviction and

sentence on one count of second-degree murder, M.C.L.A. 750.317; M.S.A.

28.549, one count of mutilation of a dead body, M.C.L.A. 750.160; M.S.A. 28.357,

and habitual offender, second offense, M.C.L.A. 769.10; M.S.A. 28.1082. 

Petitioner has now filed a motion to change respondent, on the ground that he

has been transferred to another prison from the prison that he was originally

incarcerated in. For the reasons that follow, the motion is GRANTED.

The Court will order that the caption in this case be amended to reflect that

the proper respondent in this case is now Jeffrey Woods, the warden of Kinross

Correctional Facility in Kincheloe, Michigan, where petitioner is currently

2:01-cv-74483-DPH Doc # 158 Filed 02/22/12 Pg 1 of 2 Pg ID 4714
2

incarcerated. The only proper respondent in a habeas case is the habeas

petitioner’s custodian, which in the case of an incarcerated habeas petitioner

would be the warden. See Edwards Johns, 450 F. Supp. 2d 755, 757 (E.D. Mich.

2006); See also Rule 2(a), 28 foll. U.S.C. § 2254.

IT IS HEREBY ORDERED that the motion to change respondent [Dkt. #

155] is GRANTED. The caption in this case is amended to “James Craig Cristini

v. Jeffrey Woods.”

s/Denise Page Hood 

Denise Page Hood

United States District Judge

Dated: February 22, 2012

I hereby certify that a copy of the foregoing document was served upon James

Cristini #244014, 16770 S. Watertower Drive, Kincheloe, MI 49788 and counsel

of record on February 22, 2012, by electronic and/or ordinary mail.

s/LaShawn R. Saulsberry 

Case Manager

2:01-cv-74483-DPH Doc # 158 Filed 02/22/12 Pg 2 of 2 Pg ID 4715
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case Number 09-20023-BC

Honorable Thomas L. Ludington

 v.

D-3 DERRICK JAMES MOORE,

Defendant.

_______________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING

DEFENDANT’S PLEA OF GUILTY AS TO THE CONSPIRACY COUNT OF THE

SECOND SUPERSEDING INDICTMENT, AND TAKING THE RULE 11 PLEA

AGREEMENT UNDER ADVISEMENT

A plea hearing was conducted on August 24, 2009, by United States Magistrate Judge

Charles E. Binder pursuant to the defendant’s consent. The magistrate judge issued his report on

August 25, 2009, recommending that this Court accept the defendant’s plea of guilty. As of today’s

date, no party has filed any objections to the magistrate judge’s report and recommendation. The

failure to file objections to the report and recommendation waives any further right to appeal. Smith

v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure

to object to the magistrate judge’s report releases the Court from its duty to independently review

the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings

and conclusions of the magistrate judge.

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [Dkt

# 88] is ADOPTED.

It is further ORDERED that the defendant’s plea of guilty as to the conspiracy count of the

1:09-cr-20023-TLL-PTM Doc # 112 Filed 09/18/09 Pg 1 of 2 Pg ID 379
-2-

second superseding indictment is ACCEPTED, and the Rule 11 Plea Agreement [Dkt. # 82] is taken

UNDER ADVISEMENT.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: September 18, 2009

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on September 18, 2009.

s/Tracy A. Jacobs 

TRACY A. JACOBS

1:09-cr-20023-TLL-PTM Doc # 112 Filed 09/18/09 Pg 2 of 2 Pg ID 380
**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 Quarterly Report of Boatatopia (the “Company”) on Form 10-Q for the quarter ended March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Stephen N. Causey, President and Principal Accounting 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/ Stephen N. Causey |
|--------|-----------------------|

|   | Stephen N. Causey, |
|--------|--------------------|

|   | President and |
|--------|---------------|

|   | Principal Accounting Officer |
|--------|------------------------------|

|   | May 28, 2008 |
|--------|--------------|
This disposition is not appropriate for publication and is not precedent *

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

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

CESAR CORREA-CORREA,

 Defendant - Appellant.

No. 10-10226

D.C. No. 4:09-cr-01626-JMR

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

John M. Roll, Chief Judge, Presiding

Submitted October 25, 2011** 

Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.

Cesar Correa-Correa appeals from the low-end 41-month sentence imposed

following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. 

§ 1326. We dismiss. 

FILED

NOV 03 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-10226

Correa-Correa contends that the district court erred in applying the 16-level

“crime of violence” enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because it

conducted a modified categorical analysis of the relevant state statute without first

determining that the statute is broader than its federal counterpart. We are

precluded from reaching the merits of Correa-Correa’s claim by a valid appeal

waiver. See United States v. Nunez, 223 F.3d 956, 958-59 (9th Cir. 2000); see also

United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir. 2007) (en banc).

DISMISSED.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CAROL COLEMAN,

Plaintiff,

vs. CASE NO. 08-14534

HON. LAWRENCE P. ZATKOFF

COMMISSIONER OF 

SOCIAL SECURITY,

Defendant.

_____________________________/

OPINION AND ORDER ADOPTING MAGISTRATE

JUDGE'S REPORT AND RECOMMENDATION

Plaintiff filed the instant action seeking Social Security Disability Insurance Benefits and

Supplemental Security Income. This matter is currently before the Court on Magistrate Judge R.

Steven Whalen’s Report and Recommendation dated October 26, 2009, wherein the Magistrate

Judge recommended that Plaintiff’s Motion for Summary Judgment be denied and Defendant’s

Motion for Summary Judgment be granted.

 After a thorough review of the court file, the parties’ respective motions, the Report and

Recommendation, the objections to the Report and Recommendation filed by Plaintiff and

Defendant’s response to Plaintiff’s objections, this Court will adopt the Report and Recommendation

and enter it as the findings and conclusions of this Court.

Therefore, IT IS HEREBY ORDERED that Defendant’s Motion for Summary Judgment is

GRANTED, and Plaintiff’s Motion for Summary Judgment is DENIED. Judgment shall be entered

accordingly.

2:08-cv-14534-LPZ-RSW Doc # 17 Filed 12/02/09 Pg 1 of 2 Pg ID 529
2

IT IS SO ORDERED.

S/Lawrence P. Zatkoff 

LAWRENCE P. ZATKOFF

UNITED STATES DISTRICT JUDGE

Dated: December 2, 2009

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this Order was served upon the attorneys of record

by electronic or U.S. mail on December 2, 2009.

S/Marie E. Verlinde 

Case Manager

(810) 984-3290

2:08-cv-14534-LPZ-RSW Doc # 17 Filed 12/02/09 Pg 2 of 2 Pg ID 530
**EXHIBIT 31.01****CERTIFICATION**  I, Joseph L. Cowan, certify that: 1. I have reviewed this Annual Report on Form 10-K of Interwoven, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded 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 periodspresented in this report;  4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) and internal control over financial reporting (as defined in Exchange ActRules 13a-15(f) and 15d-15(f)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;  b) Designed such internal control over financial reporting, or causedsuch internal control over financial reporting to be designed under oursupervision, to provide reasonable assurance regarding the reliability offinancial reporting and the preparation of financial statements for externalpurposes in accordance with generally accepted accounting principles;  c) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  d) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s fourthquarter that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions): a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.     Dated: March 14, 2008 /s/ Joseph L. Cowan Joseph L. CowanChief Executive Officer
2:09-cv-10454-VAR-LJM Doc # 156-2 Filed 06/21/13 Pg 1 of 2 Pg ID 3351
2:09-cv-10454-VAR-LJM Doc # 156-2 Filed 06/21/13 Pg 2 of 2 Pg ID 3352
First Amendment to Executive Management Performance Incentive Plan



 Exhibit 10(bbb) 
 FIRST AMENDMENT 
 TO 
 EXECUTIVE MANAGEMENT PERFORMANCE INCENTIVE PLAN 
 THIS FIRST AMENDMENT is
made this 31 day of December, 2008, by Cliffs Natural Resources Inc. (the “Company”). 
 WITNESSETH: 
 WHEREAS, the Company, with the approval of the Company’s Board of Directors on March 13, 2007 and the approval of the Company’s
shareholders on July 27, 2007, established the Executive Management Performance Incentive Plan (the “Plan”) effective as of January 1, 2007; and 
 WHEREAS, it is the desire of the Company to amend such Plan in order to clarify the date of payment of awards under the Plan in order to ensure the exemption of such Plan from the requirements of Internal Revenue Code
section 409A; and 
 WHEREAS, the Company’s Board of Directors has the power to amend the Plan; 
 NOW, THEREFORE, effective as of January 1, 2007, the Company, pursuant to action of its Board of Directors hereby amends the Plan by adding the
following at the end Section 8 of the Plan: 
 “The Awards shall in any event be paid on or before the fifteenth
(15th) day of the third (3rd) month of the year following the end of the Plan Year to which the Awards relate.” 







 IN WITNESS WHEREOF, the Company has caused this Second Amendment to be executed this 31 day of December,
2008. 
  

			
	CLIFFS NATURAL RESOURCES INC.
		
	By:	 	/s/ W. A. Brake


  

 2
```
[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Page 35815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17216]

=======================================================================
-----------------------------------------------------------------------

JUDICIAL CONFERENCE OF THE UNITED STATES

Hearing of the Judicial Conference Advisory Committee on Rules of 
Appellate Procedure

AGENCY: Judicial Conference of the United States Advisory Committee on 
Rules of Appellate Procedure.
ACTION: Notice of cancellation of open hearing.

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

SUMMARY: The Appellate Rules Committee public hearing scheduled to be 
held in Washington, D.C. on July 8, 1996, ha been canceled. [Original 
notice of hearing appeared in the Federal Register of May 24, 1996 (61 
FR 26207).]

FOR FURTHER INFORMATION CONTACT: John K. Rabiej, Chief, rules Committee 
Support Office, Administrative Office of the United States Courts, 
Washington, D.C. 20544, telephone (202) 273-1820.

    Dated: July 1, 1996.
John K. Rabiej,
Chief, Rules Committee Support Office.
[FR Doc. 96-17216 Filed 7-5-96; 8:45 am]
BILLING CODE 2210-01-M
```
| Name of Company                                            | Jurisdiction of Incorporation |
|------------------------------------------------------------|-------------------------------|
|                                                       |                          |
| Shantou Airlines Company Limited                           | PRC                           |
|                                                       |                          |
| Chongqing Airlines Company Limited                         | PRC                           |
|                                                       |                          |
| Zhuhai Airlines Company Limited                            | PRC                           |
|                                                       |                          |
| Xiamen Airlines Company Limited                            | PRC                           |
|                                                       |                          |
| Guizhou Airlines Company Limited                           | PRC                           |
|                                                       |                          |
| Nan Lung International Freight Limited                     | HK                            |
|                                                       |                          |
| Guangzhou Baiyun International Logistic Company Limited    | PRC                           |
|                                                       |                          |
| China Southern Airlines Group Air Catering Company Limited | PRC                           |
|                                                       |                          |
| Guangzhou Nanland Air Catering Company Limited             | PRC                           |
|                                                       |                          |
| Xinjiang Civil Aviation Property Management Limited        | PRC                           |
|                                                       |                          |
| Beijing Southern Airlines Ground Services Company Limited  | PRC                           |

----
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

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

FREDERICK LIM JOHNSON,

 Defendant - Appellant.

No. 10-10025

D.C. No. 3:08-cr-00251-MMC-1

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Maxine M. Chesney, Senior District Judge, Presiding

Argued and Submitted March 14, 2011 

San Francisco, California

Before: WALLACE, NOONAN, and CLIFTON, Circuit Judges.

Frederick Lim Johnson appeals from the district court’s conviction and

imposition of a life sentence. We have jurisdiction over this timely appeal under

28 U.S.C. § 1291 and we affirm.

FILED

MAR 24 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

I.

“‘We review a district court’s finding that a pre-arraignment delay was

reasonable for clear error.’” United States v. Liera, 585 F.3d 1237, 1242 (9th Cir.

2009), quoting United States v. Padilla-Mendoza, 157 F.3d 730, 732 (9th Cir.

1998). There was no clear error. Even if there were, in light of the corroborated

independent evidence against Johnson, any error regarding the admission of the

statements was harmless; therefore, reversal on this ground is inappropriate. See

id. at 1244 (“An error is harmless if it is more probable than not that the error did

not materially affect the verdict” (internal quotations omitted)); Olivas v. State of

Ariz. ex rel. Eyman, 447 F.2d 974, 975–76 (9th Cir. 1971).

II.

We “review de novo whether references to a defendant’s silence violate his

Fifth Amendment right to remain silent.” United States v. Pino-Noriega, 189 F.3d

1089, 1098 (9th Cir. 1999). “[U]nder our precedent, prosecutorial comments on

failure to testify only require reversal ‘where such comment is extensive, where an

inference of guilt from silence is stressed to the jury as a basis for the conviction,

and where there is evidence that could have supported acquittal.’” Beardslee v.

Woodford, 358 F.3d 560, 587 (9th Cir. 2004), quoting Lincoln v. Sunn, 807 F.2d

805, 809 (9th Cir. 1987). Because there was extensive evidence in the record of
3

Johnson’s guilt, very little evidence that supported acquittal, and because the trial

judge gave a curative instruction, any Doyle error was harmless. See Lincoln, 807

F.2d at 809. 

III.

“We review the denial of a motion for a mistrial under the abuse of

discretion standard.” United States v. Fernandez, 388 F.3d 1199, 1240 (9th Cir.

2004). In light of the evidence supporting Johnson’s conviction, any error

regarding the three objected to brief statements suggesting Johnson’s prior

incarceration was harmless. See United States v. Guerrero, 756 F.2d 1342, 1347

(9th Cir. 1984). Similarly, any cumulative error that rendered Johnson’s trial

fundamentally unfair was harmless. See United States v. Berry, 627 F.2d 193, 201

(9th Cir. 1980).

AFFIRMED.
[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Notices]
[Pages 36035-36036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17439]


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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 070296B]


Gulf of Mexico Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meeting.

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

SUMMARY: The Gulf of Mexico Fishery Management Council (Council) will 
convene a public meeting of the Red Drum Stock Assessment Panel 
(Panel).

DATES: This meeting will begin at 1:00 p.m. on July 29, 1996, and will 
conclude at 5:00 p.m. on July 31, 1996.

ADDRESSES: The meeting will be held at the National Marine Fisheries 
Service Southeast Fisheries Science Center, 75 Virginia Beach Drive, 
Miami, FL.

FOR FURTHER INFORMATION CONTACT: Wayne Swingle, Executive Director, 
5401 West Kennedy Boulevard, Suite 331, Tampa, FL 33609; telephone: 
(813) 228-2815.

SUPPLEMENTARY INFORMATION: The Panel will review stock assessment 
information prepared by NMFS for the Gulf stock and will assess whether 
the

[[Page 36036]]

stock has been restored to a level above the overfishing threshold. If 
the stock has been restored, the Panel will develop an estimate of the 
range of acceptable biological catch (ABC) for the stock. The Council 
will review the Panel's report at its September meeting and may specify 
a total allowable catch (TAC) within the range of ABC for the fishery. 
Implementation of a TAC will, however, require an amendment to the 
fishery management plan for red drum. The amendment action would 
require approximately 9 months for implementation.
    The red drum stock was classified as overfished in 1986 and harvest 
and possession of red drum in Federal waters was prohibited in 1987. 
Most actions to restore the stock have been taken by the individual 
Gulf states.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Anne Alford at the Council (see ADDRESSES) by 
July 22, 1996.

    Dated: July 2, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-17439 Filed 7-8-96; 8:45 am]
BILLING CODE 3510-22-F