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 Portsmouth Square, Inc. (the
"Company") on Form 10-Q for the quarterly period ended March 31, 2009, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, John V. Winfield, President and Chief Executive 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, to the best of my knowledge,
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.


Date: May 8, 2009                               /s/ John V. Winfield
                                                ----------------------------
                                                John V. Winfield, President
                                                and Chief Executive Officer




[A signed original of this written statement required by Section 906 has been
provided to Portsmouth Square, Inc. and will be retained by Portsmouth Square,
Inc. and furnished to the Securities and Exchange Commission or its 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**





In
      connection with the Annual Report of Pure Vanilla eXchange, Inc. (the “Company”)
      on Form 10-KSB for the period ended December 31, 2006 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Steven
      Yevoli, Chief Executive Officer and Chairman of the Board of Directors 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 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.


Date
                          April 17, 2007
              
              /s/
                      Steven YevoliSteven
                      Yevoli
<TABLE> <S> <C>


<ARTICLE>                5
       
<S>                      <C>
<PERIOD-TYPE>            3-MOS
<FISCAL-YEAR-END>             JUL-31-1997
<PERIOD-START>                AUG-01-1996
<PERIOD-END>                  OCT-31-1996
<CASH>                          7,111,387
<SECURITIES>                   13,943,297
<RECEIVABLES>                     367,558
<ALLOWANCES>                       60,000
<INVENTORY>                     2,297,423
<CURRENT-ASSETS>               24,178,831
<PP&E>                          4,170,925
<DEPRECIATION>                  1,597,336
<TOTAL-ASSETS>                 27,148,342
<CURRENT-LIABILITIES>           1,621,270
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                        4,824,527
<OTHER-SE>                     20,667,611
<TOTAL-LIABILITY-AND-EQUITY>   27,148,342
<SALES>                           389,154
<TOTAL-REVENUES>                  389,154
<CGS>                           1,269,021
<TOTAL-COSTS>                   1,269,021
<OTHER-EXPENSES>                1,793,662
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                  2,261
<INCOME-PRETAX>               (2,413,525)
<INCOME-TAX>                            0
<INCOME-CONTINUING>           (2,413,525)
<DISCONTINUED>                    111,539
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                  (2,301,986)
<EPS-PRIMARY>                       (.19)
<EPS-DILUTED>                       (.19)
        

</TABLE>
#### The People of the State of New York, Respondent, v Richard Howard, Appellant.

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: On appeal from a judgment convicting him of first and third degree rape and incest, defendant argues that the proof of rape in the first degree was legally insufficient because there was no proof of forcible compulsion. We agree. Although defendant’s daughter, the complainant, testified that defendant threatened her the day after the incident, threats made after the sexual act do not constitute forcible compulsion *(see, People v Simo,*151 AD2d *847621, *appeal dismissed*75 NY2d 809, *mot to vacate order dismissing appeal granted*75 NY2d 915). Furthermore, there was no proof that the difference in size between defendant and his daughter created an implied threat of force *(cf., People v Yeaden,*156 AD2d 208, *lv denied*75 NY2d 872), and the People did not advance the theory, either in their bill of particulars or at trial, nor did the court charge the jury, that forcible compulsion could be established through a pattern of prior abuse *(cf., People v Thompson,*158 AD2d 563). Thus, the conviction of rape in the first degree must be reversed, the sentence thereon vacated, and that count dismissed.

We have examined defendant’s remaining arguments on appeal and find them lacking in merit. (Appeal from judgment of Cattaraugus County Court, Sprague, J.—rape, first degree.) Present—Dillon, P. J., Callahan, Doerr, Pine and Lawton, JJ.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NORMAN T. POWELL, 

Petitioner-Appellant,

 v.

RICK WALKER; FRANKIE SUE DEL

PAPA, 

Respondents-Appellees.

No. 14-16837

D.C. No. 

3:02-cv-00350-HDM-WGC

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Howard D. McKibben, District Judge, Presiding

Argued and Submitted November 18, 2016

San Francisco, California

Before: KOZINSKI, GILMAN** and FRIEDLAND, Circuit Judges. 

A federal court is barred from considering a habeas petition that is

procedurally defaulted under state law. See Coleman v. Thompson, 501 U.S. 722,

FILED

DEC 15 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The Honorable Ronald Lee Gilman, United States Circuit Judge for

the U.S. Court of Appeals for the Sixth Circuit, sitting by designation.
page 2

750 (1991). A claim of actual innocence can overcome the procedural default. See

Schlup v. Delo, 513 U.S. 298, 321 (1995). The claim must rely on new evidence: 

“Without any new evidence of innocence, even the existence of a concededly

meritorious constitutional violation is not in itself sufficient to establish a

miscarriage of justice that would allow a habeas court to reach the merits of a

barred claim.” Id. at 316. At oral argument, in response to a question about

whether he was relying on Herrera v. Collins, 506 U.S. 390 (1993), Powell

expressly disclaimed that he was making a standalone actual innocence claim. 

Accordingly, we review only whether Powell has made a claim of actual innocence

as a gateway to overcome his procedural default.

An element of the statute under which petitioner Norman Powell was

convicted, Nevada Revised Statutes § 202.287(1)(b), required the government to

prove that there was a local ordinance designating the area of the shooting as a

populated area. Powell argues that there was no such ordinance at the time of his

conviction. Assuming that this is true, Powell’s argument is not new evidence. If,

as Powell claims, there was no qualifying local ordinance until 1998, then Powell

could have raised this claim in 1995 when he was convicted. He did not raise it in

his direct appeal or first state habeas petition. There has been no change in law or
page 3

newly discovered evidence that demonstrates Powell’s innocence. Thus, we

cannot consider Powell’s petition.

AFFIRMED.
UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                                    Form 13F

                               Form 13F COVER PAGE

Report for the Calendar Year or Quarter Ended:  June 30, 1999

Check here if Amendment [    ]; Amendment Number: ____
    This Amendment (Check only one.): [    ] is a restatement.
                                      [    ] adds new holdings entries.

Institutional Investment Manager Filing this Report:

Name:      SAMBA Capital Management International Limited
Address:   65 Curzon Street
           London, W1 Y 7PE, United Kingdom

Form 13F File Number:              28-3197

The institutional investment manager filing this report and the person by whom
it is signed hereby represent that the person signing the report is authorized
to submit it, that all information contained herein is true, correct and
complete, and that it is understood that all required items, statements,
schedules, lists, and tables, are considered integral parts of this form.

Person Signing this Report on Behalf of Reporting Manager:

Name:      Abjullah Khalifa
Title:     Corporate Secretary
Phone:     44.171.355.4411 ext. 288

Signature, Place, and Date of Signing:

/s/ Abjullah Khalif       London, W1 Y 7PE, United Kingdom     August 16, 1999
-------------------

Report Type (Check only one.):

[   ] 13F  HOLDINGS  REPORT.   (Check  here  if  all  holdings  of  this
      reporting manager are reported in this report.)

[ X ] 13F NOTICE. (Check here if no holdings reported are in this report,
      and all holdings are reported by other reporting manager(s).)

[   ] 13F COMBINATION REPORT. (Check here if a portion of the holdings for
      this reporting manager are reported in this report and a portion are
      reported by other reporting manager(s).)

List of Other Managers Reporting for this Manager:

Form 13F File Number 28-2427
Name:  Citigroup Inc.
Exhibit 32

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

This certification is furnished pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and accompanies this annual report on Form 10-K (the Form 10-K) for the year ended December 31, 2007 of
Affinion Group, Inc. (the Issuer).

In connection with the Form 10-K, each of the undersigned, Nathaniel J. Lipman, Chief
Executive Officer of the Issuer, and Thomas A. Williams, Chief Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, that to the best of their knowledge:



| | (i) | the Form 10-K fully complies with the requirements of section 13(a) or section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Issuer as of the dates and for the
periods indicated in the Form 10-K.
| | ---- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |  |  |                        
|----------------------- |  |  |  | -----------------------
|/s/ Nathaniel J. Lipman |  |  |  | /s/ Thomas A. Williams 
|Nathaniel J. Lipman     |  |  |  | Thomas A. Williams     
|Chief Executive Officer |  |  |  | Chief Financial Officer
|February 28, 2008       |  |  |  | February 28, 2008
211 La. 546

#### In re HAGGERTY et al.

No. 38115.

Supreme Court of Louisiana.

April 21, 1947.

*426Graham & Graham and George S. Graham, all of New Orleans, for defendants, appellants.

Fred S. LeBlanc, Atty. Gen., M. E. Cul-ligan, Asst. Atty. Gen., and Plerve Raci-vitch, Dist. Atty., and Geo. McCulloch and Alexander E. Ralston, Jr., Asst. Dist. Attys., all of New Orleans, for appellee.

PONDER, Justice.

On the petition of the Chief Probation Officer, the minors, Evangeline, Beverly, June and Alvina Haggerty, children of Alvin Haggerty and his wife, were decreed to be neglected children. The Juvenile Court placed Evangeline and Beverly Hag-gerty in custody of the Associated Catholic Charities, and June and Alvina Hag-gerty in custody of the Department of Public Welfare. An appeal was taken to this Court on behalf of Beverly, June and Alvina Plaggerty, assisted by their mother, through their attorneys. The appeal has been submitted on briefs for our determination.

Upon examination of the record, we find that we cannot pronounce satisfactorily and definitely on this cause in its present state, and the case should be remanded to the Juvenile Court for the admittance of additional evidence.

While it is stated in the record that a certain affidavit, signed by Beverly Plag-gerty, was admitted in evidence, there is no such instrument in the transcript. Counsel for the minors states in his brief that Evangeline, the principal witness for the State, has subsequently repudiated her testimony. In the interest of substantial justice this cause should be remanded for the purpose of permitting 'both the State and counsel for thé minors to introduce any and all evidence tending to show the true situation as it now exists. The evidence already admitted should remain in the record.

For the reasons assigned, the judgment is reversed and set aside. The case is remanded to have any and all further admissible evidence admitted, for a decision thereon by the court a qua, and to be appealed from if the party or parties cast so elect. It is further ordered that the evidence already adduced remain filed.
[Federal Register Volume 73, Number 171 (Wednesday, September 3, 2008)]
[Notices]
[Page 51508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20404]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-936-1430-01; HAG-08-0088; WAOR-60988]


Public Land Order No. 7715; Transfer of Federal Lands for the 
Lewis and Clark National Historical Park; WA

AGENCY: Bureau of Land Management, Interior.

SUMMARY: This order confirms the transfer of management of 1,246 acres 
of Federal surveyed and accreted lands thereto, by the Secretary of 
Interior from the Bureau of Land Management to the Director, National 
Park Service for the creation of the Lewis and Clark National 
Historical Park.

DATES: Effective Date: September 3, 2008.

FOR FURTHER INFORMATION CONTACT: Michael L. Barnes, BLM, Oregon State 
Office, P.O. Box 2965, Portland, Oregon 97208, 503-808-6155.

SUPPLEMENTARY INFORMATION: Public Law No. 108-387 directs the Secretary 
of the Interior to transfer management of Federal lands described in 
this order to the Director of the National Park Service for the lands 
described below.

Order

    By virtue of the authority vested in the Secretary of the Interior 
by Public Law No. 108-387, 118 Stat. 2235, and Section 204 of the 
Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714 (2000), 
it is ordered and confirmed as follows:
    1. Subject to valid existing rights (including existing 
withdrawals), management as to the following described Federal lands is 
hereby transferred by the Secretary of the Interior from the Bureau of 
Land Management to the Director, National Park Service:

Willamette Meridian

T. 9 N., R. 11 W.,
    Sec. 4, lots 2, 3, and 4, and all accretions thereto;
    Sec. 5, lots 2, 3, 4, 5, 7, SE\1/4\NE\1/4\, and E\1/2\SE\1/4\, 
and all accretions thereto;
    Sec. 9, lots 2, 3, and 4, and all accretions thereto.

    The areas described aggregate 1,246 acres, more or less, in 
Pacific County.

    2. The lands described in Paragraph 1 shall be administered as part 
of the Lewis and Clark National Historic Park in accordance with the 
provisions of Public Law No. 108-387.

    Dated: July 31, 2008.
C. Stephen Allred,
Assistant Secretary--Land and Minerals Management.
[FR Doc. E8-20404 Filed 9-2-08; 8:45 am]
BILLING CODE 4310-33-P
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7083 Introduced in House (IH)]

<DOC>

117th CONGRESS
  2d Session
                                H. R. 7083

To transfer seized Russian assets to a Ukrainian Humanitarian Aid Fund 
 and to authorize the Secretary of the Treasury to use amounts in the 
 Fund for humanitarian assistance for Ukraine, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2022

  Mrs. Bice of Oklahoma (for herself, Mr. Tony Gonzales of Texas, Mr. 
 Crenshaw, Mr. Moore of Alabama, Mr. Rouzer, Mr. Feenstra, Mr. Carey, 
Mr. Estes, Mr. Timmons, Mr. Moore of Utah, Mrs. Cammack, Mr. McKinley, 
   Mr. Van Drew, Mrs. Miller-Meeks, and Mr. LaMalfa) introduced the 
 following bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
To transfer seized Russian assets to a Ukrainian Humanitarian Aid Fund 
 and to authorize the Secretary of the Treasury to use amounts in the 
 Fund for humanitarian assistance for Ukraine, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Make Russia Pay Act''.

SEC. 2. UKRAINIAN HUMANITARIAN AID FUND.

    (a) Establishment of Fund.--There is established a fund in the 
Department of the Treasury to be called the ``Ukrainian Humanitarian 
Aid Fund''.
    (b) Use of Seized Russian Assets.--All Russian assets seized by the 
United States, including seized Russian Central Bank foreign reserves, 
shall be deemed forfeited, and the Secretary of the Treasury shall 
liquidate such assets and deposit the resulting funds into the 
Ukrainian Humanitarian Aid Fund.
    (c) Use of Fund Amounts.--The Secretary of the Treasury may use 
amounts in the Ukranian Humanitarian Aid Fund for the following 
purposes:
            (1) To provide humanitarian relief to Ukrainian refugees 
        who have fled their homes due to Russian aggression. Such 
        relief may be made directly to member nations of the European 
        Union who have taken in refugees from Ukraine.
            (2) Funding to the government of Ukraine to provide 
        humanitarian assistance to its citizens who remain in Ukraine 
        and security assistance, including--
                    (A) funding to provide food, clothing, shelter, 
                medical assistance, and other forms of relief the 
                Secretary determines to be appropriate;
                    (B) funding to rebuild damaged or destroyed 
                infrastructure; and
                    (C) security assistance funding needed to defend 
                from Russian aggression, where the determination of the 
                amount of such funding is made jointly by the Secretary 
                of the Treasury and the Secretary of Defense.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              JUN-30-1997
<PERIOD-END>                                   MAR-31-1997
<CASH>                                         (121,295)
<SECURITIES>                                   0
<RECEIVABLES>                                  1,112,081
<ALLOWANCES>                                   (122,680)
<INVENTORY>                                    1,949,898
<CURRENT-ASSETS>                               2,955,039
<PP&E>                                         751,504
<DEPRECIATION>                                 (107,228)
<TOTAL-ASSETS>                                 6,860,299
<CURRENT-LIABILITIES>                          5,527,437
<BONDS>                                        5,294,351
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    264,854
<COMMON>                                       240
<OTHER-SE>                                     (4,226,583)
<TOTAL-LIABILITY-AND-EQUITY>                   6,860,299
<SALES>                                        2,419,820
<TOTAL-REVENUES>                               2,419,820
<CGS>                                          2,157,208
<TOTAL-COSTS>                                  2,157,208
<OTHER-EXPENSES>                               2,775,117
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             506,155
<INCOME-PRETAX>                                (3,018,661)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (3,018,661)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (3,018,661)
<EPS-PRIMARY>                                  (1.26)
<EPS-DILUTED>                                  (1.26)
        


</TABLE>
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 15

- 00160

- CV

PAUL KRAMER APPELLANT

V.

MELISSA AND SCOT HOL LMANN APPELLEES

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

FROM THE 352ND DISTR ICT COURT OF TARRANT COUNTY

TRIAL COURT NO. 352

- 227900

- 07

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



### MEM ORANDUM OPINION 1 

### AND JUDGMENT

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

On September 10, 2015 , we notified appellant that his brief had not been

filed as required by Texas Rule of Appellate Procedure 38.6(a). See Tex. R.

App. P. 38.6(a). We stated we could dismiss the appeal for wa nt of prosecution

unless appellant or any party desiring to continue this appeal filed with the court

within ten days a response showing grounds for continuing the appeal. See Tex.

R. App. P. 42.3 (b) . We have not received any response.

1 See Tex. R. App. P. 47.4.2 Because appellant ’ s brief has not been filed, we dismiss the appeal for

want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b), 43.2(f).

Appellant shall pay all costs of this appeal, for which let execution issue.

PER CURIAM

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARD NER, JJ.

DELIVERED: October 22, 2015