alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
XM SATELLITE RADIO HOLDINGS INC. AND SUBSIDIARIES



Exhibit 32.1



Written Statement of Chief Executive Officer and Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



The certification set forth below is being submitted to the Securities and Exchange Commission solely for the purpose of complying with
Section 1350 of Chapter 63 of Title 18 of the United States Code. This certification is not deemed to be filed pursuant to the Securities Exchange Act of 1934 and does not constitute a part of the Annual Report on Form 10-K accompanying this
statement.



The undersigned, the President and Chief Executive Officer and the
Executive Vice President and Chief Financial Officer of XM Satellite Radio Holdings Inc. (Holdings), each hereby certifies that, to his knowledge on the date hereof:



|(a) | the Form 10-K of Holdings for the period ended December 31, 2005 filed on the date hereof with the Securities and Exchange Commission (the Report) fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(b) | information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Holdings.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------



| |  |  |  |                                                                                       
| |  |  |  | --------------------------------------------------------------------------------------
| |  | 
| |  |  |  | /s/ HUGH PANERO                                                                       
| |  |  |  | Hugh Panero President and Chief Executive
Officer March 2, 2006                       
| |  | 
| |  |  |  | /s/ JOSEPH J. EUTENEUER                                                               
| |  |  |  | Joseph J. Euteneuer Executive Vice
President and Chief Financial Officer March 2, 2006



A signed original of this written
statement required by Section 906 has been provided to Holdings and will be retained by Holdings and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-2001
<PERIOD-START>                             FEB-01-2000
<PERIOD-END>                               APR-30-2000
<CASH>                                         456,323
<SECURITIES>                                         0
<RECEIVABLES>                                1,242,767
<ALLOWANCES>                                    16,969
<INVENTORY>                                  2,044,646
<CURRENT-ASSETS>                             3,812,854
<PP&E>                                      10,053,167
<DEPRECIATION>                               4,888,182
<TOTAL-ASSETS>                              11,692,459
<CURRENT-LIABILITIES>                        1,921,054
<BONDS>                                      1,119,246
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     15,010
<COMMON>                                        50,245
<OTHER-SE>                                  23,132,553
<TOTAL-LIABILITY-AND-EQUITY>                11,692,459
<SALES>                                      3,392,829
<TOTAL-REVENUES>                             3,392,829
<CGS>                                        2,439,691
<TOTAL-COSTS>                                2,439,691
<OTHER-EXPENSES>                               688,891
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              74,646
<INCOME-PRETAX>                                201,006
<INCOME-TAX>                                   121,209
<INCOME-CONTINUING>                             79,797
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    79,797
<EPS-BASIC>                                       0.03
<EPS-DILUTED>                                     0.02


</TABLE>
1

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: John Chester Helton Taylor v. The State of Texas

Appellate case number: 01-18-00943-CR

Trial court case number: 17-CR-0081

Trial court: 405th District Court of Galveston County

Appellant, John Chester Helton Taylor, has filed his notice of appeal of the trial 

court’s judgment of conviction for the felony offense of aggravated sexual assault of a 

child. The clerk’s record was filed in this Court on November 12, 2018. The reporter’s 

record was initially due to be filed no later than November 20, 2018. After we granted 

the court reporter’s three motions for an extension of time, the reporter’s record was due 

by February 28, 2019. The court reporter has filed a fourth motion for an extension of 

time. We grant the motion.

The reporter’s record is due to be filed in this Court no later than Thursday, 

March 28, 2019. No further extensions will be granted.

It is so ORDERED.

Judge’s signature: /s/ Julie Countiss

  Acting individually  Acting for the Court

Date: __March 12, 2019__
Order filed, June 5, 2018.

 In The

Court of Appeals 

For The

First District of Texas 

____________

NO. 01-18-00408-CV

METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, Appellant

V.

ADAN GARZA, Appellee

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Case 2017-23090

ORDER

The reporter’s record in this case was due 05/31/2018. See Tex. R. App. P. 35.1. 

The court has not received a request to extend time for filing the record. The record has 

not been filed with the court. Because the reporter’s record has not been filed timely, we 

issue the following order.

We order, the official (or substitute) court reporter, to file the record in this appeal, 

if any, within 10 days of the date of this order.

PER CURIAM
Order entered June 19, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00723-CV

IN THE INTEREST OF M.N.M., A CHILD

On Appeal from the County Court At Law No. 1

Kaufman County, Texas

Trial Court Cause No. 87539-CC

ORDER

Before the Court is Official Court Reporter Scott Smith’s June 11, 2014 request for 

extension of time to file the record. Mr. Smith notes that appellant has not requested the record 

nor made payment arrangements, but she has filed a motion for indigency which is set for 

hearing July 1, 2014. Because appellant has not requested the record and her indigency status is 

pending, we defer ruling on the extension request. However, we ORDER appellant to file, no 

later than June 30, 2014, written verification that she has requested the reporter’s record. See 

TEX. R. APP. P. 34.6(b)(1). We further ORDER Kaufman County District Clerk Rhonda Hughey 

to file, no later than July 2, 2014, a supplemental clerk’s record containing a copy of (1) any 

contests to appellant’s affidavit of indigency, other than Ms. Hughey’s contest which is in the 

main clerk’s record; (2) any order extending the time to hold the hearing on the contest; and (3) 

the order on the contest. 
We DIRECT the Clerk of the Court to transmit a copy of this order to Mr. Smith, Ms. 

Hughey, and all parties. 

/s/ ELIZABETH LANG-MIERS 

JUSTICE
**Exhibit23**

** **

**Consentof Independent Registered Public Accounting Firm**

** **

The Board of DirectorsChemtura Corporation:

 

We consent to theincorporation by reference in the registration statements (Nos. 333-62429,333-60422, 333-87035, 333-71030, 333-71032, 333-87886, 333-123857, 333-126341and 333-136217) on Form S-8 and registration statements (Nos. 333-123857,333-119641, 333-35678 and 333-83901) on Form S-4 of Chemtura Corporationof our report dated March 12, 2010, with respect to the consolidatedbalance sheets of Chemtura Corporation and subsidiaries (Debtor-in-Possession) (the“Company”) as of December 31, 2009 and 2008, and the related consolidatedstatements of operations, stockholders’ equity, and cash flows for each of theyears in the three-year period ended December 31, 2009, and the relatedfinancial statement schedule, and the effectiveness of internal control overfinancial reporting as of December 31, 2009, which report appears in the December 31,2009 annual report on Form 10-K of Chemtura Corporation.

 

Our report dated March 12,2010 contains an explanatory paragraph that states Chemtura Corporation and 26of its subsidiaries organized in the United States filed for relief underChapter 11 of Title 11 of the United States Bankruptcy Code and there areuncertainties inherent in the bankruptcy process.  The Company also has suffered recurringlosses from continuing operations.  Thesefactors raise substantial doubt about the Company’s ability to continue as agoing concern. *** *** The consolidated financial statements andfinancial statement schedule do not include any adjustments that might resultfrom the outcome of this uncertainty.

 

Ourreport includes an explanatory paragraph which states that as discussed in Note2 to Notes to Consolidated Financial Statements, the Company, due to theadoption of new accounting principles, in 2009, changed its method ofaccounting for fair value measurements for non-financial assets andliabilities, and non-controlling interests; in 2008,  changed its method of accounting for fairvalue measurements for financial assets and liabilities; and in 2007,  changed its method of accounting foruncertainty in income taxes.

 

 

/s/ KPMG LLP

 

Stamford, ConnecticutMarch 12, 2010

 

----
#### In the Matter of Arthur Smyles et al., Appellants, v State of New York et al., Respondents.

[824 NYS2d 738]

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Office of Children and Family Services dated September 10, *6212004, which remitted the petitioners’ application to operate a child day care center to the New York State Office of Children and Family Services for further hearings. By order dated April 27, 2005 the Supreme Court, Nassau County (Bucaria, J.), inter alia, in effect, dismissed the branch of the petition alleging that the respondents improperly delegated discretionary authority to the Nassau County Department of Health, and, in effect, transferred the remainder of the proceeding to this Court. By decision and order on motion of this Court dated June 24, 2005 the notice of appeal from so much of the order dated April 27, 2005, as, in effect, dismissed the branch of the petition alleging that the respondents improperly delegated discretionary authority to the Nassau County Department of Health was treated as an application for leave to appeal from that part of the order and leave to appeal was granted.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Adjudged that the petition is dismissed; and it is further,

Ordered that one bill of costs is awarded to the respondents.

We agree with the respondents that the determination of the respondent Commissioner of the New York State Office of Children and Family Services dated September 10, 2004 did not conclude the child day care center licensing proceedings or finally determine the parties’ rights. Absent a final administrative determination, judicial review is unavailable *(see*CPLR 7801 [1]; *Matter of Crystal Pond Homes v Prior,*267 AD2d 383, 384 [1999]; *Matter of Livingston Assoc. v State of N.Y. Div. of Hous. & Community Renewal,*220 AD2d 504 [1995]; *Matter of Plaza Realty Invs. v New York State Div. of Hous. & Community Renewal,*173 AD2d 290 [1991]).

Accordingly, the petition must be dismissed.

In light of our determination, we need not address the parties’ remaining contentions. Schmidt, J.E, Mastro, Fisher and Dillon, JJ., concur.
**Exhibit 24**

## **POWER OF ATTORNEY**

We, the undersigned officers and directors of ChemturaCorporation hereby constitute and appoint Robert L. Wood, Karen R. Osar andBarry J. Shainman and each of them serverally, our true and lawful attorneys orattorney, with full power to them and each of them to execute for us, and inour names in the capacities indicated below, and to file with the Securitiesand Exchange Commission the Annual Report on Form 10-K of Chemtura Corporationfor the fiscal year ended December 31, 2006, and any and all amendmentsthereto.

IN WITNESS WHEREOF, wehave signed this Power of Attorney in the capacities indicated on February 17,2007.
| s/Robert L. Wood                      |   | s/Karen R. Osar              |   |
|---------------------------------------|--------|------------------------------|--------|
| Robert L. Wood                        |   | Karen R. Osar                |   |
| Principal Executive  Officer          |   | Principal Financial Officer  |   |
| Chairman of the  Board                |   | Executive Vice President and |   |
| President, Chief  Executive Officer   |   | Chief Financial Officer      |   |
| and Director                          |   |                         |   |
|                                  |   |                         |   |
| s/Kevin V.  Mahoney                   |   | s/Nigel D. T. Andrews        |   |
| Kevin V. Mahoney                      |   | Nigel D. T. Andrews          |   |
| Principal  Accounting Officer         |   | Director                     |   |
| Senior Vice  President and Controller |   |                         |   |
|                                  |   |                         |   |
| s/James W.  Crownover                 |   | s/Robert A. Fox              |   |
| James W.  Crownover                   |   | Robert A. Fox                |   |
| Director                              |   | Director                     |   |
|                                  |   |                         |   |
| s/Edward P.  Garden                   |   | s/Martin M. Hale             |   |
| Edward P. Garden                      |   | Martin M. Hale               |   |
| Director                              |   | Director                     |   |
|                                  |   |                         |   |
| s/Roger L.  Headrick                  |   | s/Mack G. Nichols            |   |
| Roger L.  Headrick                    |   | Mack G. Nichols              |   |
| Director                              |   | Director                     |   |
|                                  |   |                         |   |
| s/C. A. Piccolo                       |   | s/Bruce F. Wesson            |   |
| C. A. Piccolo                         |   | Bruce F. Wesson              |   |
| Director                              |   | Director                     |   |

 

----
IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

ANTONIO EASTER, :

Plaintiff, :

vs. : CIVIL ACTION 10-00128-WS-N

ROSEMARY MARKS, et al, :

Defendants. :

ORDER

After due and proper consideration of all portions of this file deemed relevant to the issue

raised, and there having been no objections filed, the Report and Recommendation of the

Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this

court. It is ORDERED that this action be and is hereby DISMISSED without prejudice for

failure to prosecute and to obey the Court's order.

DONE this 11th day of May, 2010.

s/WILLIAM H. STEELE 

 CHIEF UNITED STATES DISTRICT JUDGE 

Case 1:10-cv-00128-WS-N Document 5 Filed 05/11/10 Page 1 of 1
#### UNITED STATES of America, Plaintiff-Appellee, v. Shawn Travis JONES, Defendant-Appellant.

No. 04-41289

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

June 20, 2006.

Robert Lavelle Hobbs, Assistant U.S. Attorney, U.S. Attorney’s Office, Eastern *404District of Texas, Beaumont, TX, for Plaintiff-Appellee.

Douglas Milton Barlow, Barlow Law Firm, Beaumont, TX, for Defendant-Appellant.

Before SMITH, GARZA and PRADO, Circuit Judges.

PER CURIAM: *

Shawn Travis Jones appeals his sentence following his guilty plea conviction for carjacking. He argues that, in light of *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), his sentence must be vacated because it was based on judicial fact-findings made in violation of the Sixth Amendment. Specifically, Jones challenges the enhancements to his sentence for brandishing a firearm and abducting his victims. He also challenges the district court’s denial of a reduction to his sentence for being a minor participant. As the Government has not invoked the waiver provision in the plea agreement, the waiver is not binding on Jones. *See United States v. Story,*439 F.3d 226, 230-31 (5th Cir.2006).

The finding by the district court that Jones could have “reasonably foreseen” that his co-defendant would brandish a firearm during the carjacking was necessary to support the enhancement to Jones’s sentence. *See United States v. Burton,*126 F.3d 666, 679 *&*n. 23 (5th Cir.1997). Since Jones never admitted the fact that it was “reasonably foreseeable” to him that his co-defendant would brandish a firearm during the carjacking, the enhancement violated the Sixth Amendment. *See Booker,*543 U.S. at 244, 125 S.Ct. 738. The Government concedes that Jones preserved this error for appeal. The Government, however, has not shown beyond a reasonable doubt that the error was harmless. *See United States v. Pineiro,*410 F.3d 282, 284-85 (5th Cir.2005). Accordingly, Jones’s sentence is vacated, and this case is remanded for resentencing. Because we remand for resentencing based on the brandishing of a firearm enhancement, we do not reach Jones’s arguments with respect to the enhancement for abducting his victims and the denial of a reduction for being a minor participant.

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.

*

 Pursuant to 5th Cir. 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 Cir. R. 47.5.4.
**Exhibit 12.1**

** **

**HCC INDUSTRIES INC.**

**COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES**

**(in thousands)**

**(unaudited)**

 

 
|                                                                     |   | **For the Nine Months Ended** |   |
|--------------------------------------------------------------------------|--------|-------------------------------|--------|
|                                                                     |   | **December  28,  2002**       |   | **December  29,  2001** |   |
|                                                                     |   |                          |   |   |   |
| Earnings:                                                                |   |                          |   |   |   |
|                                                                     |   |                          |   |   |   |
|                                                                     |   |                          |   |   |   |
| Earnings (loss)  before taxes and cumulative effect of accounting change |   | $                             | (6,275 | ) | $ | 4,722 |   |
|                                                                     |   |                          |   |   |   |
| Add:  Fixed Charges*                                                |   | 7,208                         |   | 7,388 |   |
|                                                                     |   |                          |   |   |   |
|                                                                     |   | $                             | 933    |   | $ | 12,110 |   |
|                                                                     |   |                          |   |   |   |
| * Fixed Charges:                                                         |   |                          |   |   |   |
|                                                                     |   |                          |   |   |   |
| Interest expense                                                         |   | $                             | 7,208  |   | $ | 7,388 |   |
|                                                                     |   | $                             | 7,208  |   | $ | 7,388 |   |
|                                                                     |   |                          |   |   |   |
| Ratio of  Earnings to Fixed Charges                                      |   | —                        | (1)    | 1.64 |   |

 

----

(1)          There was a deficiencyof earnings to fixed charges for the nine months ended December 28, 2002 of$6,275.

 

 

*  The ratios of earnings to fixed charges werecomputed by dividing earnings by fixed charges.  For this purpose, “earnings” consist of earnings before taxes andcumulative effect of accounting change plus fixed charges and “fixed charges”consist of interest expense and amortization of debt issuance costs.

 

----
flsr_ex1020.htm

EXHIBIT 10.20

 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



 

	 
	

	


	 


 



24
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-4381
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JACQUELINE DIANE GOODING, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CR-00-234-3) Submitted: January 8, 2003 Decided: January 30, 2003 Before NIEMEYER, MOTZ, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Craig W. Sampson, LAW OFFICE OF CRAIG W. SAMPSON, Richmond, Virginia, for Appellant. Sara Elizabeth Flannery, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Jacqueline Diane Gooding pled guilty to conspiracy to launder money, in violation of 18 U.S.C. § 1956(h) (2000). Gooding filed a motion to correct sentence, and the district court denied the motion. Counsel has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), arguing the district court based Gooding’s sentence on an improperly calculated amount of value under U.S. Sentencing Guidelines Manual§ 2S1.1 (2000) but stating that in his view, there were no meritorious issues for appeal. Advised of her right to file a pro se supplemental brief, Gooding has not done so. We have reviewed the Appellant’s brief and record, and assuming without deciding that Gooding’s motion to correct sentence was properly before the court, we find no error in the district court’s denial of the motion. As required by Anders , we have reviewed the record and find no meritorious issues for appeal. Accordingly, we affirm. This court requires that counsel inform his client, in writing, of her right to petition the Supreme Court of the United States for further review. If the client requests that a petition be f iled, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on the client.3 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.

AFFIRMED