alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-60294 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ISAAC ROBERT GERKEN, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 5:01-CR-15-2-BrS

-------------------- January 29, 2003 Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: * Isaac Robert Gerken appeals his guilty-plea conviction and sentence for armed bank robbery and for using a gun during the commission of the robbery, in violation of 18 U.S.C. §§ 2113(a) and 924(c). He contends that the Government breached the plea agreement by failing to move for a downward departure for substantial assistance with respect to the investigation and trial of codefendant Chadwick Engle, which argument is reviewed de novo . See United States v. Laday , 56 F.3d 24, 26 (5th Cir.No. 02-60294 -2- 1995). Gerken bears the burden of proving, by a preponderance of the evidence, the underlying facts establishing a breach. Id. Gerken has not met his burden. His assertion that the Government breached the plea agreement by refusing to move for a downward departure for substantial assistance as to Engle fails because Gerken provided no assistance, substantial or otherwise, regarding the investigation and trial of Engle. As the district court determined, there is no evidence that Gerken repudiated his statement exonerating Engle or presented the Government with any information regarding Engle’s involvement in the robbery. He thus did not qualify for the downward departure under the plain terms of the plea agreement. Gerken’s contention that the Government lured him into pleading guilty with a deceptive promise is likewise unavailing; he was given the opportunity to receive the downward departure but chose not to avail himself of the opportunity by providing substantial assistance regarding Engle. Gerken alternatively contends that the district court erred in failing to allow him to withdraw his plea for a “fair and just reason” under F ED . R. C RIM . P. 32(e). The denial of a Rule 32(e) motion to withdraw a plea of guilty is reviewed for abuse of discretion. United States v. Adam , 296 F.3d 327, 332 (5th Cir. 2002). The district court did not abuse its discretion in denying Gerken’s motion, which was predicated entirely on the contention that the Government breached the plea agreement. AsNo. 02-60294 -3- noted above, that contention is without merit. It thus can not serve as a “fair and just reason” permitting withdrawal of the plea under Rule 32. The district court’s judgment is AFFIRMED.
Exhibit 32.0

CERTIFICATIONS PURSUANT TO SECTION 906 OF

THE SARBANES-OXLEY ACT OF 2002

The certification set forth below is being submitted in connection with the quarterly report on Form 10-Q of Veraz Networks, Inc. (the
Company) for the quarter ended March 31, 2010 (the Report) for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Section 1350 of
Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350).

Douglas A. Sabella, the Chief Executive Officer, and
Albert J. Wood, the Chief Financial Officer of Veraz Networks, Inc., each hereby certifies that, to the best of his knowledge:

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

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

IN WITNESS WHEREOF,the undersigned have set their hands hereto as of the 17th day of May, 2010.



|                   |  |        |  |                                                   
|------------------ |  | ------ |  | --------------------------------------------------
|Date: May 17, 2010 |  | By:    |  | /s/ Douglas A. Sabella                            
|                   |  | Name:  |  | Douglas A. Sabella                                
|                   |  | Title: |  | Chief Executive Officer                           
|                   |  |        |  | (Principal Executive Officer)                     
|                   |  |       
|                   |  | By:    |  | /s/ Albert J. Wood                                
|                   |  | Name:  |  | Albert J. Wood                                    
|                   |  | Title: |  | Chief Financial Officer                           
|                   |  |        |  | (Principal Financial and Chief Accounting Officer)

This
certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of Veraz Networks, Inc. under the Securities Act of 1933, as
amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Page 33434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16447]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-1351-000]


EPLP Energy Services, LLC; Supplemental Notice That Initial 
Market-Based Rate Filing Includes Request for Blanket Section 204 
Authorization

July 6, 2009.
    This is a supplemental notice in the above-referenced proceeding of 
EPLP Energy Services, 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 July 27, 2009.
    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 
14 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First St. 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 e-mail notification when a 
document is added to a subscribed dockets(s). For assistance with any 
FERC Online service, please e-mail <a href="/cdn-cgi/l/email-protection#460003140509282a2f282315333636293432062023342568212930"><span class="__cf_email__" data-cfemail="cf898a9d8c80a1a3a6a1aa9cbabfbfa0bdbb8fa9aabdace1a8a0b9">[email protected]</span></a>. or call 
(866) 208-3676 (toll free). For TTY, call (202) 502-8659.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-16447 Filed 7-10-09; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
22

Text table 6. Comparison of characteristics and average annual expenditures for selected items, Consumer Expenditure Survey 

(CE) and American Community Survey, (ACS) 2006–07

Item

2006 2007

CE ACS Ratio of CE to 

ACS CE ACS Ratio of CE to 

ACS

Consumer unit characteristics:

 Number of persons per unit............ 2.5 2.6 0.96 2.5 2.6 0.96

 Average annual income.................. $60,533 $64,487 0.94 $63,091 $68,106 0.93

Expenditures:

 Rent................................................ $2437 $2639 0.92 $2491 $2776 0.89

 Utilities............................................ 2241 2556 0.95 2250 2551 0.88

 Water................................................ 328 311 1.05 317 321 0.99

 Electricity .......................................... 1266 1406 0.90 1302 1449 0.90

 Natural gas ....................................... 509 709 0.72 480 652 0.74

 Fuel oil and other fuels ..................... 138 130 1.06 151 129 1.17

 All mortgages.................................... 5831 6909 0.84 6278 7404 0.85

 Mortgage .......................................... 5052 6299 0.80 5432 6733 0.81

 Second mortgages ........................... 779 610 1.27 846 671 1.26

 Property tax .................................... 1648 1373 1.20 1708 1376 1.24

 Homeowner's/ renter’s insurance... 352 542 0.66 350 567 0.62

SOURCE: ACS data for 2006–07 are calculated from the Public Use 

Microdata Samples (PUMS) file available on the Internet at www.

census.gov/acs/www/Products/PUMS/index.html.
Case 3:11-cv-02562-JAP-TJB Document 6-4 Filed 09/30/11 Page 1 of 2 PageID: 19
Case 3:11-cv-02562-JAP-TJB Document 6-4 Filed 09/30/11 Page 2 of 2 PageID: 20
Case 1:11-cv-02578-RMB-KMW   Document 58   Filed 09/07/12   Page 1 of 1 PageID: 307
Michigan Supreme Court Lansing, Michigan

Marilyn Kelly, Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk March 23, 2009

d0316 

# Order

March 23, 2009

137257(27)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 137257 COA: 283574 Ottawa CC: 2007-031647-AR BRIAN SCOTT OETMAN, 58 th 

### DC: GH-07-000865-SD Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the motion for re consideration of this Court’s December 18, 2008 order is considered, and it is DENIED, because it does not appear that the order was entered erroneously.

K ELLY 

### , C.J., would grant reconsideration an d, on reconsideration, would reverse the Court of Appeals and reinstate the trial court’s order.
**Exhibit
        No. 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 Quarter Report of Juhl Wind, Inc., a Delaware corporation
        (the “Company”), on Form 10Q for the quarter ended September 30, 2008 as filed
        with the Securities and Exchange Commission on the date hereof (the “Report”),
        the undersigned, the Chief Executive Officer, hereby certifies pursuant to
        18
        U.S.C. Sec. 1350 as adopted pursuant to Section 906 of the Sarbanes Oxley
        Act of
        2002 that, to the undersigned’s knowledge:
 
 (1)
          the Report of the Company filed today 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 operation of the
        Company.
 
 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.
 Date:
                  November 11, 2008
              
              */s/Daniel
                  J. Juhl*Daniel
                  J. JuhlChief
                  Executive Officer
SHARE
PURCHASE AGREEMENT
 J&R
MUSIC LLC.
 Ya-Tsen
Lin
  and

 GIGAMEDIA CHINA LIMITED
 JULY 5th, 2007
 1




---



##### 



SHARE PURCHASE AGREEMENT
 Agreement
 J&R Music LLC. And Ya-Tsen Lin Selling shareholders
 GIGAMEDIA CHINA LIMITED Purchaser
 WHEREAS
 Company
  Purchase
Shares
  SECTION 1 DEFINITIONS
  GIGAMEDIA
 Ordinary Shares
 SECTION 2 AGREEMENT TO PURCHASE AND SALE
 Agreement to Purchase and Sale.
 Purchase Price. Purchase Price
 1




---



##### 



Payment of the Purchase Price.
 Installment
 SECTION 3 CLOSING; DELIVERY
 Closing Closing th Closing Date
 Delivery at the Closing
    2




---



##### 



SECTION 4 MISCELLANEOUS
 Binding Effect; Assignment
 Governing Law
 Dispute Resolution
 Costs and Expenses
 Notices
 (a)
    
    If to the Selling shareholders,to:J&R
MUSIC LLC. And Ya-Tsen LinAddress:Facsimile:Telephone:Attention:
Mr. J&R MUSIC LLC.(d)
    
    If to the Purchaser, to:GIGAMEDIA CHINA LIMITEDAddress: 14th Floor, 122 Tunhwa North Road, Taipei 10595, Taiwan R.O.C.
 3




---



##### 



Facsimile:
886-2-8770-7576Telephone:886-2-8770-7966Attention: Ms. Jennifer Tseng, General Counsel
 x y A B
 Counterparts
 [SIGNATURE PAGE FOLLOWS]
 4




---



##### 



(Signature Page)
  J&R MUSIC LLC.By:

/s/
Chun-Jung YangAuthorized
RepresentativeBy:

/s/
Ya-Tsen Lin GIGAMEDIA CHINA LIMITEDBy:

/s/
Arthur WangName: Arthur WangTitle: CEO
EX-4.62



 Exhibit 4.62 
 English Translation 
 Form of Power of Attorney 

I,                         ,
citizen of the People’s Republic of China (the “PRC”) with ID No. of                         , is the shareholder
of Beijing Gamease Age Digital Technology Co., Ltd. (“Gamease”) holding                          equity interest of
Gamesase, hereby irrevocably appoint                          with the following powers and rights during the term of this Power
of Attorney: 
 I hereby appoint
                         to exercise, on my behalf, all shareholder’s rights corresponding to the
                         equity interests of Gamease in accordance with PRC laws and Gamease’s Articles of Association at
the shareholders’ meetings of Gamease, including but not limited to the right to call the shareholder’s meeting, accept the notice regarding the shareholder’s meeting and its agenda, participate in the shareholder’s meeting and
exercise the voting right (including elect, designate or appoint the director, general manager, financial controller or other senior management personnel, the matters of distribution of dividend), to sell or transfer any or all of equity interests
of Gamease. 
 Such authorization and appointment are based upon the precondition that
                         is acting as an employee of Beijing AmazGame Age Internet Technology Co., Ltd. (“AmazGame”)
and AmazGame agrees in written such authorization and appointment. Once                          loses his title or position in
AmazGame or AmazGame notifies of the termination of such authorization and appointment, I shall withdraw such authorization and appointment to him immediately and designate/authorize the other individual nominated by AmazGame to exercise the full
aforesaid rights on behalf of myself at the shareholders’ meetings of Gamease. If I die, I agree to transfer the right and obligation pursuant to this Power of Attorney to the person designated by AmazGame. 

The initial term of this Power of Attorney is ten (10) years upon the execution date of this Power of Attorney during the duly existing term of
Gamease unless the early termination of Operation Agreement jointly executed by AmazGame and Gamease by any reason. If the term expires, upon the request by AmazGame, I will extend the term of this Power of Attorney. Within the term of this Power of
Attorney, this Power of Attorney shall not be revised or terminated without the consent of AmazGame. 
  

	
	                        
(Signature)
	
	                    , 2010
**EXHIBIT
      15.1**














**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**





We
      consent to the incorporation by reference in the Registration Statements on
      Form
      S-8 (Nos. 333-45422, 333-53814, 333-55130, 333-66250, 333-82488, 333-104377,
      333-116964 and 333-127013) of our report dated February 7, 2006, with respect
      to
      the consolidated financial statements and schedule of **RADVISION**Ltd. for the years ended December 31, 2003, 2004 and 2005
      included in
      this Annual Report on Form 20-F for the year ended December 31, 2005, filed
      with
      the Securities and Exchange Commission.






/s/ Kost Forer Gabbay and
              KasiererKost Forer Gabbay & KasiererA Member of Ernst & Young
              Global






Tel-Aviv,
      Israel


April
      03,
      2006
**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**

| (3)   | The                Report fully complies with the requirements of section 13(a) or 15(d)                of                the Securities Exchange Act of 1934; and |
|-----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| (4)   | The                information contained in the Report fairly present, in all material                respects, the financial condition and results of operations of the                Company. |
|-----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:              November 19,              2007                 |   |   |   |
|-------------------------------------------------------------------|--------|--------|--------|
|                                                              |   |   |   |
|                                                              |   |   |   |
| By: /s/              Patricia E. Dowell                      |   |   |        |
| Name: Patricia                E. DowellTitle: Secretary |   |   |        |

----
Exhibit 32.2

       CERTIFICATION PURSUANT TO 18 U. S. C. SECTION 1350, AS ADOPTED PURSUANT
TO SECTION 906 OF THE SARBANES -0XLEY ACT OF 2002

         In connection with the Annual Report of Quantum Companies, Inc. (the
"Company") on Form 10-KSB for the period ending December 31, 2005,as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Linda Bryson, 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:

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.

March 26, 2006                                       /s/ Linda Bryson
                                                     ---------------------------
                                                         Linda Bryson
                                                        Chief Financial Officer
Exhibit 32.2

Certification
Pursuant to Section 1350 of Chapter 63
of Title 18 of the United
States Code

In
connection with the Quarterly Report of NTR Acquisition Co. (the Company) on Form 10-Q
for the quarter ended June 30, 2007, as filed with the Securities and Exchange Commission
(the Report), I, William E. Hantke, Principal 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                   results of operations of the
Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|/s/ William E. Hantke           | 
|------------------------------- | 
|**William E. Hantke**           | 
|**Principal Financial Officer** | 
|August 3, 2007                  | 

A
signed original of this written statement required by Section 906 of the Sarbanes-Oxley
Act of 2002 has been provided to NTR Acquisition Co. and will be retained by NTR
Acquisition Co. and furnished to the Securities and Exchange Commission or its staff upon
request.