alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C.
SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002
 In connection with the Annual Report on Form 10-K of HeartWare International, Inc. (the
Company) for the fiscal year ended December 31, 2010 as filed with the Securities and Exchange
Commission on the date hereof (the Report), the undersigned Chief Executive Officer of the
Company hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that based on his knowledge:
 (1)
    
    the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended; 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: February 24, 2011
 /s/ Douglas GodshallDouglas GodshallChief Executive Officer
(Principal Executive Officer)
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from Global
Gold Corporation (A Development Stage Company) Consolidated Financial Statements
September 30, 1996.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-END>                                   SEP-30-1996
<CASH>                                         9,186
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               15,186
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 2,065,920
<CURRENT-LIABILITIES>                          1,163,965
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       20,981
<OTHER-SE>                                     880,974
<TOTAL-LIABILITY-AND-EQUITY>                   2,065,920
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             9,545
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (338,125)
<EPS-PRIMARY>                                  (.016)
<EPS-DILUTED>                                  0
        


</TABLE>
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

DARRION J. TOMPERT, 

Petitioner, 

v. Case No. 5D22-1127

LT Case No. 2022-30451-CICI

STATE OF FLORIDA, 

Respondent. 

________________________________/ 

Decision filed December 20, 2022

Petition for Writ of Habeas Corpus, 

A Case of Original Jurisdiction. 

Darrion J. Tompert, Wewahitchka, pro se. 

Ashley Moody, Attorney General, 

Tallahassee, and Whitney Brown 

Hartless, Assistant Attorney General, 

Daytona Beach, for Respondent. 

PER CURIAM. 

AFFIRMED. 

LAMBERT, C.J., WALLIS and EISNAUGLE, JJ., concur.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-10017

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSÉ LOUIS PECINA,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:96-CV-263-E 

- - - - - - - - - -

September 24, 1997

Before King, Higginbotham, and Davis, Circuit Judges.

PER CURIAM:*

José Louis Pecina appeals the district court’s order

scheduling resentencing on the remaining drug-trafficking counts

of conviction after vacating his firearms conviction pursuant to

18 U.S.C. § 924(c). He contends that the district court was

without authority to order resentencing and that resentencing

would violate double jeopardy and due process. Contrary to

Pecina’s assertions, the district court had the authority to

order resentencing. United States v. Hernandez, 116 F.3d 725,
No. 97-10017

-2-

727-28 (5th Cir. 1997). Further, resentencing will not implicate

double jeopardy or due process concerns. United States v.

Rodriguez, 114 F.3d 46, 47-48 (5th Cir. 1997); see also, United

States v. Benbrook, 119 F.3d 338 (5th Cir. 1997). Accordingly,

the district court’s decision to resentence Pecina on the

remaining counts of conviction is affirmed, and the case is

remanded for resentencing.

AFFIRMED.
#### Savannah T & T Co., Inc., et al., Respondents, v Force One Express Inc. et al., Appellants.

[872 NYS2d 83]

Judgment, Supreme Court, New York County (John E.H. Stackhouse, J.), entered July 17, 2007, after a nonjury trial, awarding plaintiffs the principal sum of $40,000, unanimously affirmed, with costs.

Plaintiffs, who are importers of food from Ghana, demonstrated at trial that defendants misappropriated a container of yams that they were obligated to deliver to plaintiffs’ place of business. Defendants claimed they had a lien on the container and its contents. However, the agreement holding plaintiffs accountable for an unrelated container car that allegedly had been stolen from a third party, on which the purported lien was premised, was drafted by defendants and signed by Edwin Balidin, the corporate plaintiff’s principal, under duress, i.e., because defendants refused to release his perishable goods otherwise. Moreover, plaintiffs neither bore responsibility for the theft of the container car nor had an equitable interest in the third party such as would warrant holding them liable for reimbursing defendants for its value.

Unrefuted evidence in the form of Balidin’s testimony and an invoice from the African exporters of the yams established that the wholesale value of the misappropriated yams was $40,000.

Defendant Phil Notaro, the corporate defendant’s principal, was properly held personally liable for wrongfully withholding plaintiffs’ goods from them and for coercing Balidin into signing the purported lien agreement, regardless of whether the corporate veil was pierced *(see American Express Travel Related Servs. Co. v North Atl. Resources,*261 AD2d 310, 311 [1999]). Concur—Lippman, P.J., Mazzarelli, Sweeny, DeGrasse and Freedman, JJ.
##### 



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549
 FORM 8-K CURRENT REPORT Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934 Date of Report (Date of earliest event reported)JANUARY 6, 2005 NORTEL NETWORKS LIMITED  CANADA
    
    000-30758
    
    62-12-62580(State or other jurisdiction
of incorporation)
    
    (Commission
File Number)
    
    (IRS Employer
Identification No.)
 8200 DIXIE ROAD, SUITE 100, BRAMPTON, ONTARIO, CANADA
    
    L6T 5P6(Address of principal executive offices)
    
    (Zip Code)
 Registrants telephone number, including area code905-863-0000    Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))




---



##### 



Item 2.02  Results of Operations and Financial Condition On January 6, 2005, Nortel Networks Corporation issued a press release providing a status update on
its and Nortel Networks Limiteds financial restatement process and other related matters. Such
press release is attached hereto as Exhibit 99.1 and furnished in accordance with Item 2.02 of Form
8-K. Nortel Networks Corporation owns all of the registrants common shares and the registrant is Nortel
Networks Corporations principal direct operating subsidiary. Item 8.01  Other Events On January 6, 2005, Nortel Networks Corporation issued the press release attached hereto as Exhibit
99.1, and such press release is incorporated by reference herein (other than information included
on or linked from the registrants website, referenced in such release, which is not incorporated
by reference into this report). Item 9.01  Financial Statements and Exhibits  (c)
    Exhibits  99.1
    Press Release issued by Nortel Networks Corporation on January 6, 2005.




---



##### 



SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly
caused this report to be signed on its behalf by the undersigned hereunto duly authorized. NORTEL NETWORKS LIMITEDBy:
    /s/ William R. KerrWilliam R. KerrChief Financial OfficerBy:
    /s/ Gordon A. DaviesGordon A. DaviesAssistant General Counsel  Securities
and Corporate Secretary Dated: January 7, 2005




---



##### 



EXHIBIT INDEX Exhibit No.
    
    Description99.1
    
    
    Press Release issued by Nortel Networks Corporation on January 6, 2005.
#### UNITED STATES of America, Plaintiff-Appellee, v. Patrick Lewis RUDD, a/k/a One-Eyed Louie, a/k/a Louie, Defendant-Appellant.

No. 06-7040.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 17, 2006.

Decided: Oct. 20, 2006.

Patrick Lewis Rudd, Appellant Pro Se. J. Frank Bradsher, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Before NIEMEYER, KING and DUNCAN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Patrick Lewis Rudd appeals the district court’s order denying his motion for reconsideration of the denial of his motion to reinstate the appeal period. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *United States v. Rudd,*No. 7:97-er00063-H-3 (E.D.N.C. filed May 13, 2006; entered May 19, 2006 & filed May 15, 2006; entered May 18, 2006). 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.*
|  | 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 operation of the                Company. |
|--|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                 August 19, 2008   | By:    | /s/                William M. Lynes                                                                                                         |
|---------------------------------------------------|--------|---------------------------------------------------------------------------------------------------------------------------------------------|
|                                              |   | William                M. LynesChief                Executive Officer and Chairman of the Board(Principal                Executive Officer) |

----
#### The People of the State of New York, Respondent, v Richard Moreno, Appellant.

[871 NYS2d 346]

Appeal by the defendant from an order of the Supreme Court, Kings County (Marrero, J.), dated February 15, 2006, which denied, without a hearing, his motion for resentencing pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23) on his conviction of criminal possession of a controlled substance in the first degree, the sentence having been originally imposed, upon a jury verdict, on April 17, 1997.

Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new determination on the motion, in accordance herewith.

In 1997 the defendant was convicted of, inter alia, criminal possession of a controlled substance in the first degree, a class A-I felony, and was sentenced for that offense to an indeterminate term of imprisonment of 25 years to life. In October 2005 the defendant moved, through counsel, for resentencing pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23). On January 26, 2006 the defendant’s attorney appeared at the call of the calendar and answered “Yes” when the clerk asked him “Counsel, do you waive the defendant’s appearance?” The matter was adjourned for a decision and, by order dated February 15, 2006, the Supreme Court summarily denied the defendant’s motion.

*644Under the circumstances of this case, the Supreme Court failed to comply with the statutory mandate that “[t]he court shall . . . bring the applicant before it” (L 2004, ch 738, § 23; *see People v Rampino,*55 AD3d 348 [2008]; *People v Gutierrez,*51 AD3d 536 [2008]; *People v Figueroa,*21 AD3d 337 [2005]). The People contend that defense counsel waived the defendant’s right to be brought before the court. There is nothing in the record, however, to support any inference that the defendant was ever advised of his statutory right to be brought before the court, or that he knowingly, intentionally, and voluntarily chose to relinquish that right *(see Johnson v Zerbst,*304 US 458 [1938]; *People v Lopez,*6 NY3d 248, 256-257 [2006]). Moreover, *People v Burgos*(44 AD3d 387 [2007]), upon which the People rely, is readily distinguishable, since the defendant in that case, unlike the defendant in this case, was brought before the court.

Accordingly, we reverse the order appealed from and remit the matter to the Supreme Court, Kings County, for a new determination on the defendant’s motion, to be made after affording him an opportunity to appear before the court, and, if necessary, conducting a hearing *(see*L 2004, ch 738, § 23). Prudenti, PJ., Dillon, Eng and Leventhal, JJ., concur.
#### UNITED STATES of America, Plaintiff—Appellee, v. James Alexander SCOTT, Defendant—Appellant.

No. 09-6083.

United States Court of Appeals, Fourth Circuit.

Submitted: May 21, 2009.

Decided: May 28, 2009.

James Alexander Scott, Appellant Pro Se. Lawrence Joseph Leiser, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James Alexander Scott appeals the district court’s order denying relief on his 18 U.S.C. § 3582(c)(2) (2006) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *United States v. Scott,*No. 1:99-cr-00405-1 (E.D. Va. filed Jan. 5, 2009 & entered Jan. 7, 2009). We dispense with oral argument because the facts and legal contentions are adequately presented in the ma*249terials before the court and argument would not aid the decisional process.

*AFFIRMED.*
##### 



SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549
 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934 Date of Report
(date of earliest event reported)
July 13, 2004 Nortel Networks Corporation (Exact name of registrant as specified in its charter)
 CANADA
    
    001-07260
    
    not applicable(State or other jurisdiction
of incorporation)
    
    (Commission
File Number)
    
    (IRS Employer
Identification No.)
 8200 Dixie Road, Suite 100, Brampton, Ontario, Canada
    
    L6T 5P6(Address
of principal executive offices)
    
    (Zip code)
 Registrants telephone number, including area code (905) 863-0000.




---



##### 



Item 5.    Other Events On July 13, 2004, the Registrant issued the press release attached hereto as
Exhibit 99.1, and such press release is incorporated by reference herein (other
than information included on or linked from the Registrants website,
referenced in such release, which is not incorporated by reference into this
report). Item 7.    Financial Statements,Pro FormaFinancial Information and Exhibits (c) Exhibits. 99.1 Press Release issued by the Registrant on July 13, 2004. Item 12.    Results of Operations and Financial Condition On July 13, 2004, the Registrant issued a press release providing a status
update on its financial restatement process and other related matters. Such
press release is attached hereto as Exhibit 99.1 and furnished in accordance
with Item 12 of Form 8-K.




---



##### 



SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized. NORTEL NETWORKS CORPORATIONBy:
    /s/ William R. KerrWilliam R. KerrChief Financial Officer By:
    /s/ Blair F. MorrisonBlair F. MorrisonAssistant Secretary Dated: July 13, 2004




---



##### 



EXHIBIT INDEX 99.1    Press Release issued by the Registrant on July 13, 2004
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
</LEGEND>
<CIK>                         318299
<NAME>                        Tomahawk Industries, Inc.
<MULTIPLIER>                                                               1
<CURRENCY>                                                        US Dollars

<S>                           <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>                                                APR-30-2001
<PERIOD-START>                                                   MAY-01-2000
<PERIOD-END>                                                     JAN-31-2001
<EXCHANGE-RATE>                                                            1
<CASH>                                                                 12511
<SECURITIES>                                                               0
<RECEIVABLES>                                                              0
<ALLOWANCES>                                                               0
<INVENTORY>                                                                0
<CURRENT-ASSETS>                                                       12511
<PP&E>                                                                     0
<DEPRECIATION>                                                             0
<TOTAL-ASSETS>                                                         12511
<CURRENT-LIABILITIES>                                                  25000
<BONDS>                                                                    0
<PREFERRED-MANDATORY>                                                      0
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<COMMON>                                                              166373
<OTHER-SE>                                                           (178862)
<TOTAL-LIABILITY-AND-EQUITY>                                           12511
<SALES>                                                                    0
<TOTAL-REVENUES>                                                           0
<CGS>                                                                      0
<TOTAL-COSTS>                                                         (25389)
<OTHER-EXPENSES>                                                           0
<LOSS-PROVISION>                                                           0
<INTEREST-EXPENSE>                                                         0
<INCOME-PRETAX>                                                        25389
<INCOME-TAX>                                                               0
<INCOME-CONTINUING>                                                    25389
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<CHANGES>                                                                  0
<NET-INCOME>                                                           25389
<EPS-BASIC>                                                                0
<EPS-DILUTED>                                                              0



</TABLE>
I 

118TH CONGRESS 

1ST SESSION H. R. 2156 

To provide for a limitation on availability of funds for U.S. Department 

of Interior, US Fish and Wildlife Service, Resource Management for 

fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To provide for a limitation on availability of funds for U.S. 

Department of Interior, US Fish and Wildlife Service, 

Resource Management for fiscal year 2024. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 U.S. DEPARTMENT OF INTERIOR, US FISH 

5 AND WILDLIFE SERVICE, RESOURCE MAN6 AGEMENT FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for U.S. Department of Interior, US Fish and WildVerDate Sep 11 2014 01:01 Apr 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2156.IH H2156

kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2156 IH

1 life Service, Resource Management for fiscal year 2024 

2 may not exceed $1,292,078,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ALONSO ISRRAEL ROEL,

 

 Appellant,

v.

THE STATE OF TEXAS,

 State.

§

§

§

§

§

§

§

No. 08-19-00243-CR

Appeal from the

Criminal District Court No. 1

of El Paso County, Texas 

(TC# 20180D05402)

O R D E R

The Court GRANTS Angie Morales’ request for an extension of time within which to file 

the Reporter’s Record until February 8, 2020. NO FURTHER REQUESTS FOR EXTENSION 

OF TIME TO FILE THE REPORTER’S RECORD WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that Angie Morales, Official Court Reporter for Criminal District 

Court No. 1 for El Paso County, Texas, prepare the Reporter’s Record and forward the same to 

this Court on or before February 8, 2020.

IT IS SO ORDERED this 13th day of January, 2020.

PER CURIAM

Before Alley, C.J., Rodriguez and Palafox, JJ.
#### The People of the State of New York, Respondent, v Alex Rivera, Appellant.

Submitted June 29, 2009;

decided August 27, 2009

Reported below, 60 AD3d 788.

*736Motion for assignment of counsel granted and Lynn W.L. Fa-hey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.