alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.2

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

I, Victor M.
Garcia, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of CAI International, Inc. on Form 10-K for the fiscal year ended December 31, 2009
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such Annual Report on Form 10-K fairly presents in all material respects the financial condition and
results of operations of CAI International, Inc.

Date: March 15, 2010



By:

/S/    VICTOR M.
GARCIAVictor M. Garcia Senior Vice President and Chief Financial Officer
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

February 19, 2008 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 134789(25) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 134789 

 COA: 276602 
 Wayne CC: 02-001616-01

JOHN F. COOPER,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court's November 29, 

2007 order is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously. 

d0211 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

February 19, 2008 

 Clerk
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Llynda Spencer Lovejoy, * From the County Court at Law

 of Brown County,

 Trial Court No. DV1712218.

Vs. No. 11-18-00260-CV * September 17, 2020

Charles Randall McWilliams, * Memorandum Opinion by Wright, S.C.J. 

(Panel consists of: Bailey, C.J.,

Stretcher, J., and Wright, S.C.J., 

sitting by assignment)

(Willson, J., not participating)

This court has inspected the record in this cause and concludes that there is no

error in the judgment below. Therefore, in accordance with this court’s opinion, 

the judgment of the trail court is in all things affirmed. The costs incurred by 

reason of this appeal are taxed against Llynda Spencer Lovejoy.
* 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.

United States Court of Appeals

Fifth Circuit

FILED

May 24, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50576

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAVIER FLORES-PIZANA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

No. 2:05-CR-660-ALL

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

Before DAVIS, SMITH, and OWEN, Circuit Judges.

PER CURIAM:*

Javier Flores-Pizana appeals his conviction of and sentence

for unlawful reentry in violation of 8 U.S.C. § 1326. Flores-Pizana first challenges the district court’s imposition of a 16-level

“crime of violence” enhancement imposed pursuant to U.S.S.G.

§ 2L1.2(b)(1)(A)(ii), which was based on his conviction of assault
No. 06-50576

-2-

under TEX. PENAL CODE ANN. § 22.01(a)(1). We review the district

court’s interpretation and application of the sentencing guidelines

de novo. United States v. Fierro-Reyna, 466 F.3d 324, 326 (5th

Cir. 2006). 

In light of United States v. Villegas-Hernandez, 468 F.3d 874,

880-82 (5th Cir. 2006), cert. denied, 127 S. Ct. 1351 (2007), which

was issued after sentencing in this case, the imposition of the enhancement was erroneous. Further, because the government has not

shown or even argued that the error did not affect the district

court’s selection of the sentence imposed, the error was not harmless. See United States v. Davis, 478 F.3d 266, 273 (5th Cir.

2007); see also United States v. Lopez-Urbina, 434 F.3d 750, 765

(5th Cir. 2005). We reject the government’s argument that we

should follow United States v. Shelton, 325 F.3d 553, 558-61 (5th

Cir. 2003), rather than Villegas-Hernandez.

Flores-Pizana also contends that § 1326(b)’s treatment of

felony and aggravated felony convictions as sentencing factors

rather than elements of the offense that must be found by a jury is

unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466

(2000). This constitutional challenge to § 1326(b) is foreclosed

by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998).

Although Flores-Pizana contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule it in light of Apprendi, we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. See
No. 06-50576

-3-

Rangel-Reyes v. United States, 126 S. Ct. 2873 (2006); United

States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert. denied,

126 S. Ct. 298 (2005). Flores-Pizana 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.

For the foregoing reasons, we AFFIRM the conviction, VACATE

the sentence, and REMAND for resentencing.
Exhibit
32.2





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 VLOV, Inc. (the “Company”) on Form 10-K/A
for the year ending December 31, 2009 as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, Bennet P. Tchaikovsky, Chief
Financial Officer of the Company, hereby certify as of the date hereof, solely
for purposes of Title 18, Chapter 63, Section 1350 of the United States Code,
that to the best of my knowledge:





(1)
The Report fully complies with the requirements of section 13 (a) or 15 (d), as
applicable, 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 result of operations of the Company at the
dates and for the periods indicated.




/s/ Bennet P.
      TchaikovskyBennet
      P. Tchaikovsky
                Chief
      Financial Officer
                December
      29, 2010





A
signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon
request.
#### The People of the State of New York, Respondent, v Thomas Poole, Appellant.

[963 NYS2d 259]

Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered May 24, 2011, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender *655Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

A level three adjudication is appropriate. Both the court’s upward departure to level three, which formed an alternative basis for the adjudication, and its refusal to grant a downward departure were provident exercises of discretion. £<[T]he level suggested by the [risk assessment instrument] is merely presumptive and a SORA court possesses the discretion to impose a lower or higher risk level if it concludes that the factors in the RAI do not result in an appropriate designation” *(.People v Mingo,*12 NY3d 563, 568 n 2 [2009]; *see also People v Johnson,*11 NY3d 416, 421 [2008]).

The fact that defendant consciously chose a victim who was asleep and thus was particularly vulnerable is a significant aggravating factor. Furthermore, defendant has a serious criminal record, and the fact that he committed sex crimes against children in separate incidents, years apart, suggests a dangerous propensity. The mitigating factors asserted by defendant in support of his request for a downward departure were adequately taken into account by the risk assessment instrument, and were outweighed by the aggravating factors *(see e.g. People v Melendez,*83 AD3d 448 [1st Dept 2011]).

Concur—Andrias, J.E, Saxe, DeGrasse, Richter and Gische, JJ.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 22 - 0496 STATE OF MONTANA,

Plaintiff and Appellee, v. MERLE RAYMOND BRANSTETTER,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including June 1 4, 2023 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

May 8 2023

05/08/2023

Case Number: DA 22-0496
#### John Ruffin WILLIAMS, Plaintiff-Appellant, v. Jerry L. MACKLING; Steven Baily, Police Officer; L. Marshall, Sergeant, Police Officer; S.J. Thompson, Sergeant, Police Officer; Sergeant Depoy, Corrections Officer; Lieutenant Wynkoop, Corrections Officer; Colonel Land, Corrections Officer Supervisor also known as Major Land; Glenn Hill, Sheriff, Corrections Officer Superintendent also known as Colonel Hill; Nurse Josh, Corrections Facility Nurse on Duty; Caral Price; Selwyn Adams, Dr., M.D., Corrections Facility Physician; K. Hamlin, Corrections Facility Unit S-1 Nurse Supervisor; S. Tapps, Corrections Facility Unit S-1 *560Grievance Coordinator; R. Woodson, Corrections Facility Unit S-1 Grievance Coordinator, Defendants-Appellees.

No. 07-7143.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 20, 2007.

Decided Dec. 27, 2007.

John Ruffin Williams, Appellant Pro Se.

Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

John Ruffin Williams appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2000) complaint under 28 U.S.C. § 1915A(b)(1) (2000) for failure to state a claim. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court, *Williams v. Mackling,*No. 2:07-cv-147 (E.D. Va. Jul 2, 2007), and deny Williams’ motion for judgment, in which he reargues the merits of his claims. 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*
Exhibit
      32.1








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


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2003





In
      connection with the Quarterly Report of Plasticon International, Inc. (the
      "Company") on Form 10-QSB for the period ending September 30, 2006 as filed
      with
      the Securities and Exchange Commission on the date hereof (the "Report"), I,
      James N. Turek, Chief Executive Officer and Chief Financial 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 2003, that:





(1)
      The
      Report fully complies with the requirements of section 13(a) or 15(d) of the
      Securities and Exchange Act of 1934; and


(2)
      The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and result of operations of the Company.


(3)
      The
      company and officers have attempted to comply with all requirements of
      Sarbanes-Oxley Act of 2003 based on public data in our possession.





/s/
      James N. Turek


James
      N.
      Turek,


Chief
      Executive Officer & Chief Financial Officer
##### 



EXHIBIT 99.1 KKR RAISES PRICE TO $42.25;MASONITE RESCHEDULES SHAREHOLDERS MEETING Toronto, February 17, 2005. Masonite International Corporation (TSX and NYSE: MHM) announced today
that it has amended its agreement with Stile Acquisition Corp., an affiliate of Kohlberg Kravis
Roberts & Co. (KKR), to provide for an increase in the price at which Stile would acquire all the
common shares of Masonite to C$42.25 per share cash from C$40.20 per share cash, an increase of
C$2.05 per share. Masonites Board unanimously recommends that shareholders vote in favour of the
revised transaction. In light of the increased price, Masonite has rescheduled its shareholders meeting to approve the
acquisition by way of plan of arrangement from February 18, 2005 to March 31, 2005. The record
date for entitlement to receive notice of and to vote at the shareholders meeting will be March 1,
2005 and a proxy circular will be mailed not later than March 10, 2005. These dates are subject to
approval by the Ontario Superior Court of Justice. Masonites Special Committee of directors has been advised by Merrill Lynch that the consideration
under the revised offer is fair from a financial point of view to the shareholders of Masonite
other than senior management. The Special Committee has unanimously concluded that the revised
offer is fair to the shareholders other than senior management and in the best interests of the
Company and has recommended that the Board approve the transaction as revised. The Board agreed
with the Special Committees conclusions and unanimously recommends that Masonites shareholders
vote in favour of the revised transaction. Masonite is a unique, integrated, global building products company with its corporate headquarters
in Mississauga, Ontario and its international administrative offices in Tampa, Florida. It
operates over 75 facilities in 16 countries in North America, South America, Europe, Asia and
Africa and has approximately 14,000 employees. The company sells its products to customers in over
50 countries. For more information, visit www.masonite.com. KKR is one of the worlds oldest and most experienced private equity firms specializing in
management buyouts, with offices in New York, Menlo Park, California and London, England. Over the
past twenty eight years, KKR has invested in more than 115 transactions with a total value of
US$138 billion. For more information, visit www.kkr.com. FOR FURTHER INFORMATION, PLEASE CONTACT:
John F. Ambruz
Executive Vice-President, Strategic Development
Masonite International Corporation
Telephone: (905) 670-6500
EXHIBIT 32.2



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 on Form 10-QSB of Venture Catalyst Incorporated (the Company) for the Quarterly Period Ended September
30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kevin McIntosh, Senior Vice President and Chief Financial Officer of the Company, certify pursuant to 18 U.S.C. 1350, as adopted pursuant
to 906 of the Sarbanes-Oxley Act of 2002, that:



1. The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



2. The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of
the Company.



By:

/s/ KEVIN MCINTOSHKevin McIntosh Senior Vice President, Chief Financial Officer, Secretary and Treasurer




Dated: November
15, 2004
```

[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Page 1404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00192]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-760-000]

Western Antelope Blue Sky Ranch A LLC; Supplemental Notice That 
Initial Market-Based Rate Filing Includes Request For Blanket Section 
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of 
WESTERN ANTELOPE BLUE SKY RANCH A LLC's application for market-based 
rate authority, with an accompanying rate tariff, noting that such 
application includes a request for blanket authorization, under 18 CFR 
part 34, of future issuances of securities and assumptions of 
liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, in accordance with Rules 211 and 214 of the Commission's 
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone 
filing a motion to intervene or protest must serve a copy of that 
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR part 34, of future issuances of securities and assumptions of 
liability, is January 22, 2015.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
5 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for review in the Commission's 
Public Reference Room in Washington, DC. There is an eSubscription link 
on the Web site that enables subscribers to receive email notification 
when a document is added to a subscribed docket(s). For assistance with 
any FERC Online service, please email [email protected] or 
call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: January 2, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-00192 Filed 1-8-15; 8:45 am]
BILLING CODE 6717-01-P
```
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO**

 

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

 

**(18 U.S.C. SECTION 1350)**

 

In connection with the Quarterly Report ofBancTec, Inc, a Delaware corporation (the “Company”), on Form 10-Q for thequarter ending September 30, 2003 as filed with the Securities and ExchangeCommission (the “Report”), I, Craig D. Crisman, President and ChiefExecutive Officer of the Company, certify, pursuant to § 906 of theSarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to my knowledge:

 

(1) The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/  Craig D. Crisman       |   |   |
|---------------------------------------|--------|--------|
|                                  |   |
| Craig D. Crisman                      |   |
| President and Chief Executive Officer |   |
|                                  |   |
| November 14, 2003                     |   |

 

A signed original of this written statementrequired by 18 USC Section 1350 has been provided to the Company and will be retainedby the Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

1

----
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


The certification set forth below is hereby made solely for the
purpose of satisfying the requirements of Section 906 of the
Sarbanes-Oxley Act of 2002 and may not be relied upon or used
for any other purposes.

In connection with the Quarterly Report of Access
Pharmaceuticals, Inc. (the "Company") on Form 10-Q for the
period ended June 30, 2004, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Kerry
P. Gray, President and Chief Executive Officer certify pursuant
to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes Oxley Act of 2002, that (1) the Report fully complies
with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and (2) the information
contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of
the Company.

A signed original of this written statement required by Section
906 or other document authenticating, acknowledging or
otherwise adopting the signature that appears in typed form
within the electronic version of this written statement
required by Section 906 has been provided to the Company and
will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.

Signed at the City of  Dallas, in the State of Texas, this 15th
day of November, 2004.

/s/ Kerry P. Gray
-----------------
Kerry P. Gray
President and Chief Executive Officer
EXHIBIT 31.1

               CERTIFICATION PURSUANT TO RULE 13A-14(D)/15D-14(D)
                    UNDER THE SECURITIES EXCHANGE ACT OF 1934

I, Anthony N. Renzi, certify that:

1. I have  reviewed  this  report  on Form  10-K and all  reports  on Form  10-D
   required to be filed in respect of the period  covered by this report on Form
   10-K of RALI Series 2007-QO2 Trust (the "Exchange Act periodic reports");

2. Based on my knowledge,  the Exchange Act periodic reports,  taken as a whole,
   do 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,  all  of  the  distribution,  servicing  and  other
   information required to be provided under Form 10-D for the period covered by
   this report is included in the Exchange Act periodic reports;

4. I am responsible for reviewing the activities  performed by the servicers and
   based on my knowledge and the compliance  reviews  conducted in preparing the
   servicer  compliance  statements  required in this report  under Item 1123 of
   Regulation AB, and except as disclosed in the Exchange Act periodic  reports,
   the servicers have fulfilled their obligations under the servicing agreements
   in all material respects; and

5. All of the reports on assessment of compliance  with  servicing  criteria for
   asset-backed  securities and their related  attestation reports on assessment
   of compliance with servicing criteria for asset-backed securities required to
   be included in this report in accordance  with Item 1122 of Regulation AB and
   Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this
   report,  except as otherwise disclosed in this report. Any material instances
   of noncompliance described in such reports have been disclosed in this report
   on Form 10-K.

In giving the  certifications  above,  I have  reasonably  relied on information
provided  to me by the  following  unaffiliated  parties:  Deutsche  Bank  Trust
Company Americas.

Date:  March 24, 2008


By:     /s/ Anthony N. Renzi
Name:   Anthony N. Renzi
Title:  Managing Director
(senior officer in charge of the servicing function)