alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


     The  undersigned  hereby  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
undersigned's  best knowledge and belief,  the Quarterly Report on Form 10-Q for
the Geodyne  Energy Income  Limited  Partnership  II-G ("Issuer") for the period
ending  March 31, 2006 as filed with the Securities and Exchange  Commission
on the date hereof (the "Report"):

      (a)   fully complies with the requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and
      (b)   the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Issuer.

      Dated this 12th day of May, 2006.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-G
                                    ("Issuer")

                                    //s// Dennis R. Neill
                                    -----------------------------------
                                    Dennis R. Neill
                                    President (Chief Executive Officer)

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Accounting Officer
                                    (Chief Financial Officer)


      A signed  original of this written  statement  required by Section 906 has
been  furnished to Geodyne  Energy Income  Limited  Partnership II-G and will be
retained by Geodyne Energy Income Limited  Partnership II-G and furnished to the
Securities and Exchange Commission or its staff upon request.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JESUS E. ELIZONDO,

 Defendant - Appellant.

No. 14-30093

D.C. No. 2:13-cr-00024-SEH-2

ORDER OF DISMISSAL*

Appeal from the United States District Court

for the District of Montana

Sam E. Haddon, District Judge, Presiding

Submitted July 8, 2015** 

Portland, Oregon

Before: N.R. SMITH and OWENS, Circuit Judges, and HAYES,*** District Judge.

 

Defendant Jesus E. Elizondo appeals the district court’s denial of the

government’s motion for downward departure under U.S.S.G. § 2D1.1. This

FILED

JUL 10 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

 *** The Honorable William Q. Hayes, District Judge for the U.S. District

Court for the Southern District of California, sitting by designation.
appeal incorporates a challenge to his 120-month sentence imposed following his

guilty plea to one count of conspiracy to possess with intent to distribute

methamphetamine in violation of 21 U.S.C. § 846. 

In his plea agreement, Elizondo waived his right “to appeal from the

sentence imposed by the Court.” Elizondo contends that the waiver does not bar

this appeal because he challenges the “judgment”—the district court’s denial of the

U.S.S.G. § 2D1.1 motion—and not the sentence imposed. However, in this case,

there is no distinction between a challenge to the district court’s decision to deny

the government’s motion for downward departure and a challenge of the sentence

imposed. See United States v. Jeronimo, 398 F.3d 1149, 1154 (9th Cir. 2005).

Thus, the waiver bars this appeal, and we dismiss. United States v. Watson, 582

F.3d 974, 988 (9th Cir. 2009). 

DISMISSED.

2
Court of Appeals

Twelfth Court of Appeals District at Tyler

BILL OF COSTS

Court of Appeals No. 12-14-00199-CV

Trial Court No. 13-3026-A

Ex Parte Gregory P. Hatzis

DOCUMENTS FILED AMOUNT FEE PAID BY

Motion fee

Motion fee

Motion fee

Reporter's record

Supreme Court chapter 51 fee

Filing

Indigent

Required Texas.gov efiling fee

$10.00

$10.00

$10.00

$109.25

$50.00

$100.00

$25.00

$20.00

Julie c Marvin

KEM G KIBBE

KEM G KIBBE

Texas Department of Public Safety

Exempt

Exempt

Exempt

Exempt

TOTAL: $334.25

I, Cathy S. Lusk, Clerk of the Court of Appeals, Twelfth Court of Appeals District at Tyler,

Texas, certify that the above copy of the Bill of Costs is true and correct. GIVEN UNDER MY

HAND AND SEAL OF SAID COURT, at Tyler, this 10th day of July 2015, A.D.

CATHY LUSK, CLERK

By:_____________________________

Katrina McClenny, Chief Deputy Clerk

FILE COPY
Ex103_AmendmentNo2tothe2010EquityIncentivePlan


Exhibit 10.3


AMENDMENT NO. 2 TO 
XERIUM TECHNOLOGIES, INC. 
 2010 EQUITY INCENTIVE PLAN 
 
This Amendment No. 2 to the Xerium Technologies, Inc. 2010 Equity Incentive Plan (the “Amendment”) is made on March 12, 2013, effective as of the time provided below. 
 
WHEREAS, Xerium Technologies, Inc. (the “Company”) has heretofore adopted the Xerium Technologies, Inc. 2010 Equity Incentive Plan (the “Plan”); and 
 
WHEREAS, the Board of Directors of the Company has approved the Amendment contingent upon the approval of the Amendment by the stockholders of the Company. 
 
NOW, THEREFORE, BE IT RESOLVED, that, pursuant to Section 10(d) of the Plan, the Plan is hereby amended as follows, effective as of such time as the Amendment is approved by the stockholders of the Company: 
 
1.    Section 5(a) of the Plan is amended by deleting the first sentence thereof and replacing it with the following sentence: 
 
“Subject to adjustment under subsection (b), no more than 1,663,525 shares of Common Stock in the aggregate may be delivered under or in satisfaction of Awards, comprising 463,525 shares of Common Stock originally authorized under the Plan, 450,000 additional shares authorized by Amendment No. 1 to the Plan, and 750,000 additional shares authorized by Amendment No. 2 to the Plan; provided, however, that to the extent that equity incentive awards granted prior to the Effective Date pursuant to the Company's 2005 Equity Incentive Plan, as amended, do not vest on or after the Effective Date in accordance with their terms, the number of shares of Common Stock subject to such unvested awards shall be added to the number of shares that may be delivered hereunder. 


2.    Section 5(c) of the Plan is amended in its entirety to read as follows: 
 
“c. Limit on Individual Grants. The maximum number of shares of Common Stock subject to Options and Stock Appreciation Rights that may be granted to any Participant in the aggregate in any calendar year shall not exceed, in each case, 500,000, and the maximum number of shares of Common Stock that may be granted as Stock Awards pursuant to Section 8 to any Participant in the aggregate in any calendar year shall not exceed 500,000, subject in each case to adjustment under subsection (b).  The maximum cash award that may be granted to any participant in a calendar year is $2,000,000.  In the case of an award with a multi-year performance period, the foregoing 500,000 share and $2,000,000 limits will apply to each calendar year (or pro rata portion thereof) in the performance period. ”
 
3.    Except as expressly amended hereby, all provisions of the Plan shall remain unamended and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms. 
 
4.    The Amendment shall have no effect until such time as it is approved by the stockholders of the Company. 
 
5.    The provisions of the Amendment shall be governed by and interpreted in accordance with the laws of the State of Delaware.
---

Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND 
CHIEF FINANCIAL 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 Quarterly Report on Form 10-Q of Clean Power Concepts, Inc. (the Company) for the three months ended September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby 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:

|     |                                                                                                                                                     
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------
|(i)  | The Report on Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and      
|    
|(ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|    



| |        |                        
| | ------ | -----------------------
| | By:    | /s/Cory Turner         
| | Name:  | Cory Turner            
| | Title: | Chief Executive Officer
| | Date:  | November 13,  2008     



| |        |                        
| | ------ | -----------------------
| | By:    | /s/Ralph Proceviat     
| | Name:  | Ralph Proceviat        
| | Title: | Chief Financial Officer
| | Date:  | November 13,  2008     

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby  given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and  552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential  trade secrets or commercial property such as patentable material, and personal information concerning individuals  associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of  personal privacy.

*Name of Committee:*                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; Ancillary Studies in Immunomodulation Clinical Trials.                    

*Date:*                         July 13, 2009.                    

*Time:*                         4 p.m. to 7 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 6700B Rockledge Drive, Bethesda, MD 20817 (Telephone Conference Call).                    

*Contact Person:*                         Paul A. Amstad, PhD, Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, NIAID/NIH/DHHS, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892-7616, 301-402-7098,                         *pamstad@niaid.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: June 12, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-14513 Filed 6-19-09; 8:45 am]

BILLING CODE 4140-01-P
EXHIBIT 32.2
------------


                  SECTION 1350 CERTIFICATION


     In connection with the Quarterly Report of Landauer, Inc. (the
"Company") on Form 10-Q for the period ending June 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"),
I, James M. O'Connell, 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:

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

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



                              /s/  James M. O'Connell
                              ------------------------------
                              Chief Financial Officer


August 12, 2004



[Signed originals of these written statements required by Section 906 have
been provided to Landauer, Inc. and will be retained by Landauer, Inc. and
furnished to the Securities and Exchange Commission or its staff upon
request.]
<TABLE> <S> <C>

<ARTICLE>                     5
<CURRENCY>                                     U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-Mos
<FISCAL-YEAR-END>                          Dec-31-1999
<PERIOD-START>                             Jan-01-1999
<PERIOD-END>                               Dec-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                       5,843,000
<SECURITIES>                                    80,000
<RECEIVABLES>                                  625,000
<ALLOWANCES>                                   (66,000)
<INVENTORY>                                          0
<CURRENT-ASSETS>                             7,501,000
<PP&E>                                       9,744,000
<DEPRECIATION>                              (5,180,000)
<TOTAL-ASSETS>                              19,077,000
<CURRENT-LIABILITIES>                        3,674,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                       19,004,000
<PREFERRED>                                          0
<COMMON>                                    25,581,000
<OTHER-SE>                                 (32,600,000)
<TOTAL-LIABILITY-AND-EQUITY>                19,077,000
<SALES>                                      4,364,000
<TOTAL-REVENUES>                             4,364,000
<CGS>                                        6,961,000
<TOTAL-COSTS>                               25,850,000
<OTHER-EXPENSES>                              (801,000)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             641,000
<INCOME-PRETAX>                            (21,326,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (21,326,000)
<DISCONTINUED>                               1,086,000
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (20,240,000)
<EPS-BASIC>                                      (5.84)
<EPS-DILUTED>                                    (5.84)


</TABLE>
Exhibit 32.1





CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER 
PURSUANT TO 18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906
OF SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Brekford International Corp. (the Company) on Form 10-Q for the three months ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, William A. Shafley, Principal Executive Officer, certify to my knowledge and in my capacity as an officer of the Company, pursuant to 18 U.S.C. Section 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.



| |                            
| | ---------------------------
| | /s/ William A. Shafley     
| | William A. Shafley         
| | Principal Executive Officer
| |                            
| | Date: May 15, 2008         



The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


July 16, 2013


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust, Strategic Growth & Income
Trust, Series 3


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for Smart Trust, Strategic Growth & Income Trust, Series 3 set forth above (the “Trust”).
We enclosed a list of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our
evaluation of such Securities as of close of business on July 16, 2013, in accordance with the valuation method set forth in the
Trust Indenture and Agreement. We consent to the reference to The Bank of New York Mellon as the party performing the evaluations
of the Trust Securities in the Registration Statement (No. 333-188081) filed with the Securities and Exchange Commission with respect
to the registration of the sale of the Trust Units and to the filing of this consent as an exhibit thereto.


 


 


Very truly yours,


 


/s/ GERARDO
CIPRIANO           


Gerardo Cipriano


Vice President
#### UNITED STATES of America, Plaintiff-Appellee, v. Saul CORONA-MAJATCA, also known as Tony Ayala, also known as Saul Corona, also known as Antonio Abila, also known as Tony Abila, also known as Saul Avila, also known as Julian Juan Ruiz, also known as Antonio S. Ayala, Defendant-Appellant.

No. 05-40822

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

June 19, 2006.

Federal Public Defender’s Office Eastern District of Texas, Tyler, TX, for Plaintiff-Appellee.

Amy R. Blalock, Assistant Federal Public Defender, Denise S. Benson, Assistant Federal Public Defender, Federal Public Defender’s Office Eastern District of Texas, Tyler, TX, for Defendant-Appellant.

*437Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM: *

Saul Corona-Majatca pleaded guilty to being an alien found in the United States illegally after having previously been deported. Corona-Majatca argues that the district court erred in departing upwardly from the Sentencing Guidelines because his criminal history was in fact accurately represented in the presentence report and within the heartland of the guidelines. Corona-Majatca also argues that the district court failed to conduct a proper upward departure by not explaining the methodology it used to arrive at his sentence.

After *United States v. Booker,*548 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), we review sentences for reasonableness. *See United States v. Mares,*402 F.3d 511, 520 (5th Cir.), *cert. denied,*— U.S.-, 126 S.Ct. 43, 163 L.Ed.2d 76 (2005). We review the district court’s decision to depart upwardly and the extent of that departure for abuse of discretion. *United States v. Zuniga-Peralta,*442 F.3d 345, 347 (5th Cir.2006). “An upward departure by a district court is not an abuse of discretion if the court’s reasons for departing 1) ‘advance the objectives set forth in 18 U.S.C. § 3553(a)(2)’ and 2) ‘are justified by the facts of the case.’ ” *Id.*(citations omitted).

The district court departed under U.S.S.G. § 4A1.3. At sentencing, the district court evaluated the guideline range and articulated its reasons for deviating from the range. The court discussed Corona-Majatca’s criminal history in some detail and why it believed that his criminal history was underrepresented. We do not require the district court “to go through a ritualistic exercise in which it mechanically discusses each criminal history category it rejects en route to the category that it selects.” *United States v. Lambert,*984 F.2d 658, 663 (5th Cir.1993). In this case, the record “makes abundantly clear, through the court’s adoption of the PSR, its statements at sentencing and its Statement of Reasons, the reasons for an upward departure.” *Zuniga-Peralta,*442 F.3d at 347. The amount of the upward departure, i.e., 19 months, was not an abuse of discretion in light of CoronaMajatca’s criminal history. *See id.*The judgment of the district court is AFFIRMED.

*

 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.
IV 

116TH CONGRESS 

1ST SESSION H. RES. 366 

Expressing support for designation of May as Stroke Awareness Month. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2019 

Mrs. BEATTY submitted the following resolution; which was referred to the 

Committee on Energy and Commerce 

RESOLUTION 

Expressing support for designation of May as Stroke 

Awareness Month. 

Whereas stroke, also known as a cerebrovascular accident, is 

an acute neurologic injury that occurs when the blood 

supply to a part of the brain is interrupted by a clot in 

the artery or a burst of the artery; 

Whereas stroke is a medical emergency that can cause permanent neurologic damage or even death if not promptly 

diagnosed and treated; 

Whereas in the United States, stroke is now the fifth leading 

cause of death; 

Whereas, according to the Centers for Disease Control and 

Prevention, 1 person in the United States dies from 

stroke every 4 minutes; 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HRES 366 IH 

Whereas every year, approximately 795,000 people in the 

United States have a stroke; 

Whereas the direct (medical) costs of stroke are $17.5 billion 

annually, and total costs (both medical and lost productivity) are $33.6 billion; 

Whereas stroke is a leading cause of serious long-term disability; 

Whereas those disabilities may require ongoing physical, occupational, speech-language, and other therapy and surgeries; 

Whereas the permanent health concerns and treatments resulting from stroke have a considerable impact on children, families, and society; and 

Whereas May would be an appropriate month to designate as 

National Stroke Awareness Month: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) supports the designation of Stroke Aware3 ness Month; 

4 (2) encourages the people of the United States 

5 to support the efforts, programs, services, and advo6 cacy of organizations that work to enhance public 

7 awareness of stroke; and 

8 (3) encourages continued coordination and co9 operation between government, researchers, families, 

10 and the public to improve treatments and prognoses 

11 for individuals who suffer strokes. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS