alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

EXHIBIT 99.2

                            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 of Columbia Laboratories, Inc. (the
"Company") on Form 10-Q for the period ended September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
David L. Weinberg, 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 2002, that to the best of my knowledge:

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

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



                                                  /s/ David L. Weinberg
                                                  ---------------------
                                                  David L. Weinberg
                                                  Chief Financial Officer
                                                  November 13, 2002
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 of Columbia Laboratories, Inc. (the Company) on Form 10-Q for the period ended September 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, David L. Weinberg, 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 2002, that to the best of my knowledge:



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



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



/s/ David L. WeinbergDavid L. WeinbergChief Financial OfficerNovember 14, 2003
**EXHIBIT
      31.2**





**Certification
      of Principal Financial Officer**





I,
      Lui
      Chi Keung, Chief Financial Officer, certify that:





1.
      I have
      reviewed this quarterly report on Form 10-QSB of China Digital Media
      Corporation.





2.
      Based
      on my knowledge, the 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 quarterly report;





3.
      Based
      on my knowledge, the financial statements, and other financial information
      included in this quarterly 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 quarterly report;





4.
      The
      registrant's other certifying officers and I am responsible for establishing
      and
      maintaining disclosure controls and procedures (as defined in Exchange Act
      Rules
      13a-14 and 15d-14) for the registrant and have:





a)
      designed such disclosure controls and procedures 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 quarterly report is being prepared;





b)
      evaluated the effectiveness of the registrant's disclosure controls and
      procedures as of a date within 90 days prior to the filing date of this annual
      report ("Evaluation Date"); and





c)
      disclosed in this report any change in the registrant's internal control over
      financial reporting that occurred during the registrant's most recent 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 officers and I have disclosed, based on our most
      recent evaluation, 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 (all of which do not apply); 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, (all of which do not apply).




Date: August
              11, 2005
            By:
            /s/ Lui
              Chi KeungLui
                Chi Keung
              Chief
                Financial Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

JORGE ROJO,

Defendant

- Appellant. No. 20

- 15708

D.C. Nos.

2:16

- cv

- 01440

- LDG

2:12

- cr

- 00216

- LDG

- VCF

- 3

MEMORANDUM *

Appeal from the United States District Court

for the District of Nevada

Lloyd D. George, District Judge, Presiding

Submitted March 16, 2022 * *

Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.

Jorge Rojo appeals from the district court’s judgment denying his 28 U.S.C.

§ 2255 motion to vacate , set aside, or correct his sentence. We have jurisdiction

under 28 U.S.C. § 2253 . Reviewing de novo, s ee United States v. Hill , 915 F.3d

669, 673 (9th Cir. 2019) , we affirm.

* 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

MAR 23 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 15708

Rojo contends that his conviction and sentence under 18 U.S.C. § 924(c)

must be vacated because aiding and abetting Hobbs Act robbery is not a qualifying

predicate crime of violence. We need not reach this argument because we agree

with the government that Rojo’s claim is barred by the collateral attack waiver in

his plea agreement. Rojo argues that the waiver is not enforceable because his

att ack on his § 924(c) conviction and sentence falls within the illegal sentence

exception discussed in United States v. Torres , 828 F.3d 1113, 1125 (9th Cir.

2016). However, this exception does not apply where, as in this case, the

challenge is to a purport edly illegal conviction

. See United States v. Goodall , 21

F.4th 555, 562

- 65 (9th Cir. 2021) ( holding that the illegal sentence exception to

appellate waivers does not apply to challenges to illegal convictions ). Because the

collateral attack waiver forecloses § 2255 relief, we affirm the denial of Rojo’s

motion. See White v. Klitzkie , 281 F.3d 920, 922 (9th Cir. 2002) (“[W]e can affirm

the district court on any ground supported by the record.”).

AFFIRMED.
1Pursuant 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.

-1-

United States Court of Appeals

Fifth Circuit

FILED

June 8, 2004

Charles R. Fulbruge III

Clerk

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_________________________

No. 03-41365

SUMMARY CALENDAR

_________________________

BRANDON CREIGHTON SAMPLE,

Plaintiff - Appellant,

 v.

HARRELL WATTS, National Inmate Appeals Administrator;

FEDERAL BUREAU OF PRISONS,

Defendants - Appellees.

______________________________________________________________________________

On Appeal from the United States District Court for the

Southern District of Texas

(C-02-CV-428)

______________________________________________________________________________

Before REYNALDO G. GARZA, DAVIS, and BARKSDALE, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:1

In this appeal, we review the district court's decision to grant the motion for summary

judgment filed by Defendants - Appellees, Harrell Watts and the Federal Bureau of Prisons.

Plaintiff - Appellant, Brandon Sample, argues that the implementation by the Bureau of
-2-

Prisons of Program Statement 1351.05 prohibiting inmates from possessing copies of their

Presentence Report was either a change to existing Bureau of Prisons rule 28 C.F.R. § 513.44 or

a change to existing policy. According to Sample, the Bureau of Prisons should have complied

with the Administrative Procedure Act’s notice and comment requirements when the bureau

promulgated Program Statement 1351.05. According to Sample, because the Bureau of Prisons

failed to comply with the Administrative Procedures Act, Program Statement 1351.05 is invalid,

and the Bureau of Prisons must provide him with a copy of his Presentence Report in accordance

with 28 C.F.R. § 513.44.

We disagree. Contrary to Sample’s assertion, 28 C.F.R. § 513.44 does not state that

inmates must be provided with copies of their Presentence Reports, but instead addresses the fees

to be assessed for copies of disclosable documents requested by prisoners. 28 C.F.R. § 513.44. 

Program Statement 1351.04 explains what documents are disclosable, and Program Statement

1351.05 further explains that Presentence Reports are disclosable, but may not be possessed by

inmates in the prison area. The Bureau of Prisons implemented this prohibition in response to an

emerging problem where inmates pressure other inmates for a copy of their Presentence Report to

learn if they are informants, gang members, or have financial resources. Thus, Program Statement

1351.05 did not contradict or alter an existing rule of longstanding policy or practice, and the

Adminstrative Procedures Act’s notice and comment requirements do not apply. See Shell

Offshore, Inc. v. Babbitt, 238 F.3d 622, 627-30 (5th Cir. 2001); Phillips Petroleum Co. v.

Johnson, 22 F.3d 616, 621 (5th Cir. 1994).

For the foregoing reasons, we affirm the district court’s decision. AFFIRMED.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

JAMES D. SCHNELLER,

Petitioner

v.

ELIZABETH CAVANAUGH-KERR, 

MARJORIE ZITOMER,

Respondents

:

:

:

:

:

:

:

:

:

:

:

:

No. 686 MAL 2019

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 1st day of April, 2020, the Petition for Allowance of Appeal is 

DENIED.
exv10w38



 





Exhibit 10.38




AMENDMENT #3




CARDTRONICS, INC.




(formerly Cardtronics Group, Inc.)




2001 STOCK INCENTIVE PLAN




I. PURPOSE




     Whereas on June 4, 2001, Cardtronics, Inc. (the “Company”) adopted the CARDTRONICS GROUP, INC.
2001 STOCK INCENTIVE PLAN (the “Plan”).



     Whereas, initially the Plan provided that the aggregate number of shares of Common Stock that
may be issued under the Plan shall not exceed 400,920 shares; provided, however, that the number of
shares of Common Stock that may be issued under the Plan shall be increased automatically to
476,114 shares upon the subsequent aggregate capital contribution to the Company of $5,000,000 by
Summit Capital II, L.P., and Summit Capital Parallel II, L.P.(now known as CapStreet II, L.P., and
CapStreet Parallel II, L.P. and herein collectively called “CapStreet”), within one year of the
execution of, and in accordance with, that certain Contribution Agreement dated June 4, 2001, by
and among Summit Capital II, L.P., Summit Capital Parallel II, L.P., Card Pro, Inc., certain
Securityholders of Card Pro, Inc., and the Company;



     Whereas, the above-described additional contribution by CapStreet was timely made and
therefore the aggregate number of shares of Common Stock that could be issued under the Plan
increased to 476,114; and



     Whereas, pursuant to the written consent of the Shareholders the aggregate number of shares
that may be issued under the Plan was increased by 8,000 shares i.e. to 484,114 and such increase
was evidenced by Amendment #1 dated effective January 30, 2004.



     Whereas, on June 23, 2004, pursuant to the unanimous vote of the Board of Directors and the
consent of the majority of shareholders, the aggregate number of shares that may be issued under
the plan was further increased to a maximum of 650,000.



     Whereas, on May 9, 2006, pursuant to the unanimous vote of the Board of Directors on May 9,
2006 and the consent of the majority of shareholders, the aggregate number of shares that may be
issued under the plan was further increased to a maximum of 750,000.



     Now therefore, Section V (a) of the Plan is hereby amended such that nothing to the contrary
in said section and subject to adjustment in the same manner as provided in Paragraph VIII with
respect to shares of Common Stock subject to Options then outstanding, the aggregate number of
shares of Common Stock that may be issued under the Plan shall not exceed 750,000.



Dated
effective May 9, 2006.




	 	 	 	 	 
	 	CARDTRONICS, INC.

 	 
	 	By:  	/s/
Michael E. Keller
 	 
	 	 	Michael E. Keller, Secretary 	 
	 	 	 	 
	 



Cardtronics, Inc.

2001 Stock Incentive Plan

Amendment #3




-1-
Exhibit 32.2

Certification of the Principal Financial Officer

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of ImmunoCellular
Therapeutics, Ltd. (the Company) hereby certifies that, to his knowledge:

The Quarterly Report on Form 10-Q of the Company for
the fiscal quarter ended June 30, 2010 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

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



|                      |  |        |  |                                      
|--------------------- |  | ------ |  | -------------------------------------
|Date: August 16, 2010 |  | By:    |  | /s/ C. Kirk Peacock                  
|                      |  | Name:  |  | C. Kirk Peacock                      
|                      |  | Title: |  | Chief Financial Officer and Treasurer
Warrant Transaction - Lehman Brothers OTC Derivitaves Inc.



 Exhibit 10.10 
 Lehman Brothers Inc., acting as Agent 
 Lehman Brothers OTC Derivatives Inc., acting as Principal 
 Attention: Transaction Management Group 
 Telephone: (212) 526-9986

 Facsimile: (646) 885-9546 
 December 3, 2007 
 Penn Virginia Corporation 
 Three Radnor Corporate Center, Suite 300 
 100 Matsonford Road 
 Radnor, PA 19087 
 Attention: Frank Pici 
                   Vice President & CFO 
  

	Re:	Warrant Transaction Amendment 

 Penn Virginia Corporation
(the “Company”) and Lehman Brothers OTC Derivatives Inc. (“Dealer”) represented by Lehman Brothers Inc. (“Agent”) as its agent, have entered into a confirmation dated November 29, 2007 (the
“Confirmation”) relating to Warrants on shares of common stock, par value USD 0.01, of the Company, issued by Company to Dealer. This letter agreement (this “Amendment”) amends the terms and conditions of the
Transaction (the “Transaction”) evidenced by the Confirmation. 
 Upon the effectiveness of this Amendment, all references
in the Confirmation to the “Transaction” will be deemed to be to the Transaction as amended hereby. Capitalized terms used herein without definition shall have the meanings assigned to them in the Confirmation. 
  

	1.	Amendments. The Confirmation is hereby amended as follows: 

  

	 	a.	Number of Warrants. The “Number of Warrants” shall be “896,103”. 

  

	 	b.	Premium. The “Premium” shall be “USD 4,092,143.96”. 

  

	 	c.	Maximum Amount. The number “2,340,000” set forth in Section 9(k)(i) of the Confirmation is hereby replaced with the number “2,690,000”.


  

	2.	Effectiveness. This Amendment shall become effective upon execution by the parties hereto. 

  

	3.	No Additional Amendments or Waivers. Except as amended hereby, all the terms of the Transaction and provisions in the Confirmation shall remain and continue in full force and
effect and are hereby confirmed in all respects. 









	4.	Counterparts. This Amendment may be signed in any number of counterparts, each of which shall be an original, with the same effect as if all of the signatures thereto and
hereto were upon the same instrument. 

  

	5.	Governing Law. The provisions of this Amendment shall be governed by New York law (without reference to choice of law doctrine). 

  

 2 








 Please confirm that the foregoing correctly sets forth the terms of our agreement by executing this
Amendment and returning it in the manner indicated in the attached cover letter. 
  

									
	Yours sincerely,
above written:	 		 	Confirmed as of the date first
	Lehman Brothers OTC Derivatives Inc.	 		 	Penn Virginia Corporation
					
	By:	 	/s/ Anatoly Kozlov	 		 	By:	 	/s/ Nancy M. Snyder
	Name:	 	Anatoly Kozlov	 		 	Name:	 	Nancy M. Snyder
	Title:	 	Authorized Signatory	 		 	Title:	 	 Executive Vice President,
 General Counsel
and
 Corporate Secretary


  

 3
**EXHIBIT
32.1**
 
 **CERTIFICATION
PURSUANT TO**
 **18
U.S.C. SECTION 1350**
 **AS
ADOPTED PURSUANT TO**
 **SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002**
  In
connection with the Quarterly Report of Columbia Laboratories, Inc. (the
“Company”) on Form 10-Q for the quarter ended March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Fred
Wilkinson, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to the best of my knowledge:
 
 (1)
    The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934; and 
 (2)
    The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and result of operations of the
      Company. 
 /s/
      Fred Wilkinson
      Fred
      Wilkinson
      Chief
      Executive Officer
      May
      10, 2005
EXHIBIT 10.1

                        Extension Of Employment Agreement
                        ---------------------------------

This will confirm that the term of the Employment Agreement between Ibis
Technology Corporation ("Ibis") and Martin J. Reid dated November 12, 2003 (The
"Agreement"), as extended to December 31, 2007, is hereby further extended to
December 31, 2008, on the same terms and conditions as set forth in the
Agreement, provided that Mr. Reid's base salary shall be as provided in the
Agreement, except as currently voluntarily reduced by Mr. Reid to $107,000.
During the extended term, Mr. Reid will continue to serve as Executive Chairman
and Chief Executive Officer of Ibis Technology Corporation.

            Ibis Technology Corporation                Martin Reid


                      Dated:
Exhibit 31.2
 Sarbanes-Oxley Section 302 Certification
      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)
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with generally
accepted accounting principles;
 c)
    
    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 evaluations; and
 d)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
  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 10, 2009/s/ Francisco Puñal

Francisco Puñal
Senior Vice President and Chief Financial Officer