alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit32.2**

 

**CERTIFICATIONPURSUANT TO**

**18U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Blyth, Inc.(the “Company”) on Form 10-Q for the period ending July 31, 2004 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Robert H. Barghaus, Vice President and 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 requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2)          The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
| /s/ Robert H. Barghaus                     |
|--------------------------------------------|
| Robert H. Barghaus                         |
| Vice President and Chief Financial Officer |
| April 14, 2005                             |

 

 

This certification is made solely for the purpose of18 U.S.C. § 1350, subject to the knowledge standard contained therein, andnot for any other purpose.

 

----
* Pursuant to 5 TH C IR . 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED May 17, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41568 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus VICTOR ESPINOSA-CONTRERAS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-1004-ALL

-------------------- Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM: * Victor Espinosa-Contreras (Espinosa) appeals the 46-month sentence of imprisonment imposed following his guilty plea conviction for illegal reentry following deportation. Espinosa argues that the district court did not address all of the sentencing factors listed in 18 U.S.C. § 3553(a) in imposing sentence and did not address the reasons that Espinosa advanced for a downward departure or variance from the Guidelines.No. 05-41568 -2- The Government argues that the court lacks jurisdiction to review the district court’s discretionary denial of Espinosa’s motion for a downward departure or variance. The court lacks jurisdiction to review a discretionary decision not to depart downward from the guideline range. However, the court must still determine whether the imposition of a guideline sentence instead of a non-guideline sentence was reasonable. United States v. Nikonova , 480 F.3d 371, 375 (5th Cir. 2007). Espinosa has demonstrated no error in the guidelines computation, and the district court gave appropriate reasons for the sentence. We therefore give great deference to the sentence imposed. United States v. Mares , 402 F.3d 511, 520 (5th Cir.), cert. denied , 126 S. Ct. 43 (2005). Given Espinosa’s serious prior drug conviction and his illegal return to the United States after serving a 40-month sentence and being deported to Mexico, and the deference due to the sentencing judge’s discretion, the sentence imposed is not unreasonable. Espinosa’s constitutional challenge to 8 U.S.C. § 1326(b) is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although Espinosa contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey , 530 U.S. 466 (2000), we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding.No. 05-41568 -3- See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). Espinosa properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review.
AFFIRMED.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

EL PASO CENTRAL APPRAISAL

DISTRICT OF EL PASO COUNTY,

TEXAS,

Appellant

/Cross

- Appellee

,

v.

MISSION SENIOR COMMUNITY, INC.,

AND TIERRA DEL SOL HOUSING

CORPORATION,

Appellee s /Cross

- Appellant s

. §

§

§

§

§

§

§ No. 08

- 15

- 00085

- CV

Appeal from

County Court at Law No. 3

of El Paso County, Texas

(TC # 2012

- DCV

- 02157)

J U D G M E N T

The Court has considered this cause on the joint motion to dismiss and concludes the

motion should be granted and the appeal should be dismissed, in accordance with the opinion of

this Court. We therefore dismiss the appeal. We further order Appellant to pay all costs of this

appeal. We further order that this decision be certified below for observance.

IT IS SO ORDERED THIS 23RD DAY OF SEPTEMBER, 2015.

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TSHOMBE KELLEY,

Plaintiff

- Appellant,

v.
A. HERRERA, Correctional Officer; et al.,

Defendants

- Appellees. No. 18

- 17157

D.C. No. 2:16

- cv

- 01894

- JAM

- CKD

MEMORANDUM *

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Submitted November 18, 2019 **

Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.

California state prisoner Tshombe Kelley appeals pro se from the district

court’s summary judgment in his 42 U.S.C. § 1983 action alleging excessive force

and failure to protect

. We have jurisdiction under 28 U.S.C. § 1291. We review

de novo the district court’s ruling on cross

- motions for summary judgment.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

NOV 26 2019

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 18

- 17157

Hamby v. Hammond , 821 F.3d 1085, 109 0 (9th Cir. 2016). We affirm.

The district court properly granted summary judgment for defendants on
Kelley’s excessive force claim because Kelle y failed to raise a genuine dispute of

material fact as to whether defendants maliciously and sadistically used force

against him. See Hudson v. McMillian , 503 U.S. 1, 6

- 7 (1992) ( the “ core judicial

inquiry” in resolving an Eighth Amendment excessive force claim is “whether

force was applied in a good

- faith effort to maintain or restore discipline, or

maliciously and sadistically to cause harm”)

. Because Kelley failed to raise a genuine dispute of material fact as to

whether defendants used excessive force against him , the district court properly

granted summary judgment for defendants on Kelley’s claim that defendants failed

to protect him from the use of excessive force. See Cunningham v. Gates , 229

F.3d 1271, 1289 (9th Cir . 2000) (officers “have a duty to intercede when their

fellow officers violate the constitutional rights of a suspect or other citizen”

(citation and internal quotation marks omitted) )

. We reject as unsupported by the record Kelley’s contention that the di strict

court improperly sealed confidential materials.

We do not consider arguments and allegations raised for the first time on

appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
EXHIBIT 11

                                MERIX CORPORATION
                   CALCULATIONS OF NET INCOME (LOSS) PER SHARE


                                     Three months ended  Six months ended
                                     ------------------  -----------------
                                     Nov. 29, Nov. 30,   Nov. 29, Nov. 30,
                                     ------------------  -----------------
                                       1997      1996     1997      1996
                                     ---------  -------  -------   -------

Weighted average shares outstanding
   for the period                      6,191     6,298    6,248    6,135

Dilutive common stock options using
   the treasury stock method               -         -        -      174
                                      ------    ------   ------   ------

Total shares used in per share
calculations                           6,191     6,298    6,248    6,309
                                      ======    ======   ======   ======

Net income (loss)                     $ (641)   $ (143)  $ (348)  $1,113
                                      ======    ======   ======   ======

Net income (loss) per share           $(0.10)   $(0.02)  $(0.06)  $ 0.18
                                      ======    ======   ======   ======
#### STATE of Louisiana v. Brian Keith THOMAS.

No. 2010-KO-2527.

Supreme Court of Louisiana.

April 1, 2011.

In re Thomas, Brian Keith; —Defendant; Applying For Writ of Certiorari and/or Review, Parish of Evangeline, 13th Judicial District Court Div. B, No. 75061-F; to the Court of Appeal, Third Circuit, No. 10-269.

Denied.
(logo) LNR

          Partners, LLC

 

ANNUAL STATEMENT OF COMPLIANCE

 

OF

 

LNR PARTNERS, LLC

 

 

The undersigned, Job Warshaw, being the President of LNR Partners, LLC (the "Special Servicer"), as special servicer under the applicable Pooling and Servicing Agreement for the transactions listed on Schedule I hereto, hereby certifies, subject to any limitations listed on Schedule I hereto, as of the date hereof, on behalf of the Special Servicer, solely in his capacity as an authorized officer of the Special Servicer and not in his individual capacity, as follows:

 

1. A review of the activities performed by the Special Servicer during the period commencing on January 1, 2015 and ending on December 31, 2015 (or any other shorter period set forth on Schedule I hereto) (the 'Reporting Period"), and of the Special Servicer's performance under the Pooling and Servicing Agreement has been made under my supervision; and

 

2. To the best of my knowledge, based on such review and using the applicable servicing criteria under Item 1122 of Regulation AB, the Special Servicer has fulfilled all of its obligations under the applicable Pooling and Servicing Agreement in all material respects throughout the Reporting Period.

 

LNR PARTNERS, LLC,

a Florida limited liability company

 

 

By: /s/ Job Warshaw

Job Warshaw 

President

 

Dated: February 23, 2016

 

1601 Washington Avenue • Suite 700 • Miami Beach, Florida 33139-3164

Telephone: (305) 695-5600 • Fax: (305) 695-5601

 

Schedule I

 

CGCMT 2014-GC21

Citigroup Commercial Mortgage Securities Inc., Commercial Mortgage Pass-Through Certificates,

Series 2014-GC21

Re: Maine Mall portion contributed into the GSMS 2014-GC22 Trust

 

Cadwalader, Wickerman & Taft LLP

200 Liberty Street

New York, NY 10281 

Anna H. Glick

 

GS Mortgage Securities Corporation II

200 West Street

New York, NY 10282

Leah Nivision

 

GS Mortgage Securities Corporation II

200 West Street

New York, NY 10282

Peter Morreale

 

GS Mortgage Securities Corporation II

200 West Street

New York, NY 10282

Joe Osborne
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                         983,437
<SECURITIES>                                   250,000
<RECEIVABLES>                               14,286,855
<ALLOWANCES>                                         0
<INVENTORY>                                    324,324
<CURRENT-ASSETS>                            21,259,105
<PP&E>                                      90,342,923
<DEPRECIATION>                              28,849,893
<TOTAL-ASSETS>                              99,024,749
<CURRENT-LIABILITIES>                       25,493,976
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,082
<OTHER-SE>                                  29,047,056
<TOTAL-LIABILITY-AND-EQUITY>                99,024,749
<SALES>                                     66,426,674
<TOTAL-REVENUES>                            66,426,674
<CGS>                                                0
<TOTAL-COSTS>                               63,627,909
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,961,404
<INCOME-PRETAX>                                878,095
<INCOME-TAX>                                   438,380
<INCOME-CONTINUING>                            439,715
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   439,715
<EPS-BASIC>                                        .14
<EPS-DILUTED>                                      .14


</TABLE>
585 A.2d 380

#### LAND O’PINES MOBILE HOME PARK, INC. v. TOWNSHIP OF JACKSON.

September 18, 1990.

Petition for certification denied.
<PAGE>

                                                                    EXHIBIT 31.2

                                 CERTIFICATIONS

I, Jon Eberle, certify that:

1. I have reviewed this quarterly report on Form 10-Q of HMN Financial, Inc.;

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 (as defined in Exchange Act Rules 13a-15(f) and
15d-15(f)) that occurred during the registrant's most recent fiscal quarter 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 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: November 9, 2004                   By   /s/ Jon Eberle
                                      Senior Vice President/CFO

                                        2
649 A.2d 1282

#### EDITH BECKER, ETC. v. GENERAL MOTORS CORPORATION, ET AL. AND ENGLEWOOD BRAKE COMPANY, INC.

May 17, 1994.

CORRECTED

Certification is granted.
585 A.2d 372

#### STATE OF NEW JERSEY v. JONATHAN DUNSON.

September 18, 1990.

Petition for certification denied.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This schedule contains a restated earnings per share amount labeled as "primary"
which was re-computed using Statement of Accounting Standards No. 128, and
contains summary financial information extracted from the consolidated financial
statements found in the Company's Annual Report on Form 10-K for the fiscal year
ended May 25, 1996, and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<RESTATED>
<MULTIPLIER>                  1,000
       
<S>                           <C>
<PERIOD-TYPE>                 12-MOS
<FISCAL-YEAR-END>                          MAY-25-1996
<PERIOD-START>                             MAY-28-1995
<PERIOD-END>                               MAY-25-1996
<CASH>                                          12,191
<SECURITIES>                                     7,167
<RECEIVABLES>                                   24,617
<ALLOWANCES>                                        78
<INVENTORY>                                      6,435
<CURRENT-ASSETS>                                50,921
<PP&E>                                         101,731
<DEPRECIATION>                                  46,155
<TOTAL-ASSETS>                                 111,170
<CURRENT-LIABILITIES>                           16,874
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        43,733
<OTHER-SE>                                      23,357
<TOTAL-LIABILITY-AND-EQUITY>                   111,170
<SALES>                                        155,634
<TOTAL-REVENUES>                               155,634
<CGS>                                          118,234
<TOTAL-COSTS>                                  118,234
<OTHER-EXPENSES>                                 5,019
<LOSS-PROVISION>                                    25
<INTEREST-EXPENSE>                               1,333
<INCOME-PRETAX>                                 20,339
<INCOME-TAX>                                     7,546
<INCOME-CONTINUING>                             12,793
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,793
<EPS-PRIMARY>                                     2.07
<EPS-DILUTED>                                     1.98
        

</TABLE>
Electronically Filed

Intermediate Court of Appeals

CAAP-17-0000210

19-APR-2018

08:43 AM
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 752 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 752

             For the relief of Jeanette Vizguerra-Ramirez.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2017

  Mr. Polis introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
             For the relief of Jeanette Vizguerra-Ramirez.

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

SECTION 1. PERMANENT RESIDENT STATUS FOR JEANETTE VIZGUERRA-RAMIREZ.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Jeanette Vizguerra-Ramirez 
shall be eligible for issuance of an immigrant visa or for adjustment 
of status to that of an alien lawfully admitted for permanent residence 
upon filing an application for issuance of an immigrant visa under 
section 204 of such Act or for adjustment of status to lawful permanent 
resident.
    (b) Adjustment of Status.--If Jeanette Vizguerra-Ramirez enters the 
United States before the filing deadline specified in subsection (c), 
she shall be considered to have entered and remained lawfully and 
shall, if otherwise eligible, be eligible for adjustment of status 
under section 245 of the Immigration and Nationality Act as of the date 
of the enactment of this Act.
    (c) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only if the application for issuance of an 
immigrant visa or the application for adjustment of status is filed 
with appropriate fees within 2 years after the date of the enactment of 
this Act.
    (d) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Jeanette Vizguerra-Ramirez, 
the Secretary of State shall instruct the proper officer to reduce by 
1, during the current or next following fiscal year, the total number 
of immigrant visas that are made available to natives of the country of 
the alien's birth under section 203(a) of the Immigration and 
Nationality Act or, if applicable, the total number of immigrant visas 
that are made available to natives of the country of the alien's birth 
under section 202(e) of such Act.
    (e) Denial of Preferential Immigration Treatment for Certain 
Relatives.--The natural parents, brothers, and sisters of Jeanette 
Vizguerra-Ramirez shall not, by virtue of such relationship, be 
accorded any right, privilege, or status under the Immigration and 
Nationality Act.
                                 <all>
```