alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Bryon Walter PETZ, Defendant-Appellant.

No. 12-30157.

United States Court of Appeals, Ninth Circuit.

*510Submitted Dec. 19, 2012.*

Filed Dec. 31, 2012.

Paulette Lynn Stewart, Office of the U.S. Attorney, Helena, MT, Leif Johnson, Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.

Michael Donahoe, Esquire, Assistant Federal Public Defender, Federal Defenders of Montana, Helena, MT, for Defendant-Appellant.

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Bryon Walter Petz appeals from the district court’s judgment and challenges the 24-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Petz contends that the district court erred by applying a six-level official victim enhancement under U.S.S.G. § 3A1.2(c)(1). The record supports the district court’s finding that Petz’s conduct in resisting arrest created a substantial risk of serious bodily injury to the arresting officer; thus, the district court did not abuse its discretion in imposing the enhancement. *See*U.S.S.G. § 3A1.2(c)(1); *United States v. Anchrum,*590 F.3d 795, 805 (9th Cir.2009) (district court’s imposition of enhancement under U.S.S.G. § 3A1.2(c)(1) reviewed for abuse of discretion).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
CERTIFICATION
 
 I, Christian Lown, 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 SLM Student Loan Trust 2013-2 (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. Based on my knowledge and 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 servicer and administrator have fulfilled their obligations under the servicing agreement and administration
          agreement, as applicable, 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 party: Deutsche Bank National Trust Company, as indenture trustee.
 
 [Signature Page Follows]
 
 
 Date:  March 29, 2019/s/ CHRISTIAN LOWNChristian LownPresident and Chief Financial Officer (Senior Securitization Officer)Navient Funding, LLC
ACCEPTED 12-14-00109-CR TWELFTH COURT OF APPEALS

TYLER, TEXAS 3/10/2015 11:17:17 AM

CATHY LUSK CLERK
##### 



Exhibit 31.2
 Certification pursuant to Rule 13a-14(a) / Rule 15d-14(a), promulgated under the 
Securities Exchange Act of 1934, as amended.
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Encysive Pharmaceuticals Inc.;2.
    
    Based on my knowledge, this 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 report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this 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
report;4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the




---



##### 



/s/ Richard A. GoeggelRichard A. Goeggel
Vice President, Finance and Treasurer
 2
----

----

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

|                                     |   |   |                                    |
|------------------------------------------|--------|--------|-----------------------------------------|
|                                     |   |   |                                    |
| /s/ Robert A. Whitman                    |   |   | /s/ Stephen D. Young               |
| Robert A. WhitmanChief Executive Officer |   |   | Stephen D. YoungChief Financial Officer |
| Date: April 8, 2010                      |   |   | Date: April 8, 2010                     |
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 302 Introduced in House (IH)]

108th CONGRESS
  1st Session
H. RES. 302

  Calling for the immediate and unconditional release from prison of 
  certain Kurdish members of the Parliament of the Republic of Turkey.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2003

  Mr. Filner (for himself, Mr. Towns, Mr. Cooper, Mrs. Tauscher, Mr. 
  McGovern, Mr. Abercrombie, Mr. Pallone, Mr. Kirk, and Mr. Kucinich) 
submitted the following resolution; which was referred to the Committee 
                       on International Relations

_______________________________________________________________________

                               RESOLUTION

 
  Calling for the immediate and unconditional release from prison of 
  certain Kurdish members of the Parliament of the Republic of Turkey.

Whereas the friendship between the peoples of the United States and the Republic 
        of Turkey is based on a mutual respect and a shared commitment to 
        democracy, human rights, and the rule of law;
Whereas Turkey is now a candidate for membership in the European Union, a 
        community of nations likewise based on shared values of democracy and 
        human rights;
Whereas four former parliamentarians from the now banned Kurdish-based Democracy 
        Party (DEP), Leyla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak, 
        remain imprisoned at Ankara's Ulucanlar Prison; and
Whereas 153 Members of the United States Congress in 1997 signed a letter to 
        President Clinton calling for Leyla Zana's immediate and unconditional 
        release ``so that we may again welcome her to our shores'': Now, 
        therefore, be it
    Resolved, That the House of Representatives declares that the 
immediate and unconditional release from prison in the Republic of 
Turkey of the parliamentarians Leyla Zana, Hatip Dicle, Orhan Dogan, 
and Selim Sadak is a vital step in upholding due process in Turkey and 
facilitating Turkey's integration into the European Union.
                                 <all>
```
Exhibit 99.1 

 

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 Annual Report of OXIS International, Inc. (the “Company”) on Form 10-KSB for the period ending December 31, 2002 as filedwith the Securities and Exchange Commission on the date therein specified (the “Report”), I, Ray R. Rogers, Chief Executive Officer of the Company, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-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. 

 

 

/s/ Ray R. Rogers 

----
# j ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22-0571 STATE OF MONTANA,

Plaintiffand Appellee, v. TRISTAN MICHAEL LANGFORD,

Defendant and Appellant. ORDER

Counsel for Appellant Tristan Michael Langford filed a motion and briefasking to be allowed to withdraw from this appeal on grounds that counsel has been unable to find any nonfrivolous issuesto raise on appeal, pursuant to §46-8-103(2), MCA, andAndersv. Califbrnia, 386 U.S. 738, 87 S. Ct. 1396 (1967). This Court granted Langford time to respond, but no response was filed. The Court has now independently examined the record pursuant to § 46-8-103(2), MCA, andAnders. We conclude no arguments with potential legal merit can be raised on direct appeal. IT IS THEREFORE ORDERED that this appeal is DISMISSED. The Clerk is directed to provide copies ofthis Order to all counsel ofrecord and to Langford personally. DATED this , L

—

day ofJuly, 2024. 

# FILED JUL 16 2024 Bowen Greenwood Clerk of Supreme Court State of Montana ChiefJustice 07/16/2024
Case Number: DA 22-0571

# alAi 1.1..J.
:8 12 --. eel.... Justices

2
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JUL-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       6,904,318
<SECURITIES>                                         0
<RECEIVABLES>                                7,983,353
<ALLOWANCES>                                         0
<INVENTORY>                                  3,237,913
<CURRENT-ASSETS>                            20,989,087
<PP&E>                                   1,176,699,543
<DEPRECIATION>                             224,731,425
<TOTAL-ASSETS>                           1,044,154,803
<CURRENT-LIABILITIES>                      106,012,407
<BONDS>                                    380,223,309
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    49,538,171
<OTHER-SE>                                   8,496,563
<TOTAL-LIABILITY-AND-EQUITY>             1,044,154,803
<SALES>                                    174,371,953
<TOTAL-REVENUES>                           582,924,204
<CGS>                                       31,439,356
<TOTAL-COSTS>                              454,056,179
<OTHER-EXPENSES>                            79,941,475
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          54,020,995
<INCOME-PRETAX>                            (5,651,617)
<INCOME-TAX>                                 (564,443)
<INCOME-CONTINUING>                        (5,087,174)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,087,174)
<EPS-BASIC>                                  (28.47)
<EPS-DILUTED>                                  (28.47)


</TABLE>
<PAGE>

                                  EXHIBIT 32.1

            SECTION 1350 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER


     In connection with the Quarterly Report on Form 10-Q for the quarterly
period ended May 31, 2006 of Arrow International, Inc., a Pennsylvania
corporation (the "Company"), as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Carl G. Anderson, Jr., the
Chairman and Chief Executive Officer of the Company, hereby certify pursuant to
18 U.S.C. ss.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, to my knowledge and based upon a review of the Report, 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 as of the dates and for periods presented as required by such Report.

     This certification is based upon, among other things, my responsibilities
as Chief Executive Officer of the Company, my own due diligence and
representations made by certain other members of the Company's senior
management.

Date: July 10, 2006

                                            /s/ Carl G. Anderson, Jr.
                                            ------------------------------------
                                            Carl G. Anderson, Jr.
                                            Chairman and Chief Executive Officer
                                           (Principal Executive Officer)
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 First Ipswich Bancorp (the
"Company") on Form 10-QSB for the quarter ended June 30, 2007 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Timothy
L. Felter, 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.

      This certification is provided solely pursuant to 18 U.S.C. Section 1350
and Item 601(b)(32) of Regulation S-B ("Item 601(b)(32)") promulgated under the
Securities Act of 1933 (the "Securities Act") and the Securities Exchange Act of
1934 (the "Exchange Act"). In accordance with clause (ii) of Item 601(b)(32),
this certification (A) shall not be deemed "filed" for purposes of Section 18 of
the Exchange Act, or otherwise subject to the liability of that section, and (B)
shall not be deemed to be incorporated by reference into any filing under the
Securities Act or the Exchange Act, except to the extent that the Company
specifically incorporates it by reference.


/s/ Timothy L. Felter
---------------------
Timothy L. Felter
Chief Financial Officer

August 14, 2007
**EXHIBIT 32**

 

**CERTIFICATION PURSUANT TO**

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

 

In connection with the Annual Report of Le@P Technology, Inc. (the “Partnership”), on Form 10-KSB/A for the annual period ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, in the capacities and on the date indicated below, hereby certifies 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 and 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 Registrant.

 

 

 

 

|                        |   |                        |   |
|-----------------------------|--------|-----------------------------|--------|
| Date:  August 21, 2008 |   | /s/ Donald Ciappenelli |   |
|                        |   | Donald Ciappenelli          |   |
|                        |   | Chief Executive Officer and |   |
|                        |   | President                   |   |

 

 

|                        |   |                               |   |
|-----------------------------|--------|------------------------------------|--------|
| Date:  August 21, 2008 |   | /s/ Mary Thomas               |   |
|                        |   | Mary Thomas                        |   |
|                        |   | Acting Principal Financial Officer |   |

 

 

 

|   | 8 |
|--------|---|

 

----
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-END>                               JAN-31-1998
<CASH>                                       1,619,319
<SECURITIES>                                         0
<RECEIVABLES>                               50,055,661
<ALLOWANCES>                               (1,285,622)
<INVENTORY>                                 49,671,933
<CURRENT-ASSETS>                           103,632,072
<PP&E>                                      62,042,892
<DEPRECIATION>                            (27,561,257)
<TOTAL-ASSETS>                             139,039,245
<CURRENT-LIABILITIES>                     (27,353,797)
<BONDS>                                    (1,874,969)
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       (2,152)
<OTHER-SE>                                (49,999,621)
<TOTAL-LIABILITY-AND-EQUITY>             (139,039,245)
<SALES>                                    248,828,800
<TOTAL-REVENUES>                           257,474,231
<CGS>                                    (170,665,413)
<TOTAL-COSTS>                            (252,861,993)
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                           (1,322,323)
<INTEREST-EXPENSE>                         (4,277,180)
<INCOME-PRETAX>                                335,058
<INCOME-TAX>                                   125,648
<INCOME-CONTINUING>                            209,410
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   209,410
<EPS-PRIMARY>                                     0.09
<EPS-DILUTED>                                     0.09
        

</TABLE>
* Pursuant to 5 TH C IR

. R. 47.5, the Court has determined that this opinion s hould not be

published and is not precedent except under the limit ed circumstances set forth in 5 TH C IR

. R. 47.5.4.

1 21 U.S.C. §§ 841(a)(1) & (b)(1)(A); 18 U.S.C. § 2.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-11548

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MOISES VIRGEN CHAVEZ,

Defendant-Appellant.

Appeal from the United States District Court

for the Northern District of Texas

(USDC No. 2:96-CR-026-1)

July 29, 1997

Before POLITZ, Chief Judge, KING and PARKER, Circuit Judges.

PER CURIAM: *

Moises Virgen Chavez appeals his convi ction and sentence for possession

with the intent to distribute methamphetamine and aiding and abetting, 1 con tending2 United States v. Calverley

, 37 F.3d 160 (5th Cir. 1994) (en banc) (citing United States

v. Olano , 507 U.S. 725 (1993)).

3 Olano

.

4 United States v. Seals

, 987 F.2d 1102 (5th Cir. 1993); United States v. Kelley

, 981 F.2d

1464 (5th Cir. 1993); United States v. Dovali-Avila , 895 F.2d 206 (5th Cir. 1990).

2 that th e district court erred in admitting evidence seized from the search of his

vehicle and permitting testimony of statements he made after discovery of the

methamph etamine in a false gas tank on his truck. The evidence was not

challenged with a contemporaneous objection and our review is under the plain

error standard. Under Fed. R. Crim. P.52(b) we may correct forfeited errors only

when the appellant establishes: (1) that there is an error, (2) that the error is clear

or obvious, and (3) that the error aff e cts defendant’s substantial rights. 2 If these

factors are shown, the decision to correct the forfeited error is within our sound

discretion which we will not exercise unless the error seriously affects the fairness,

integrity, or public reputation of judicial proceedings. 3 Our review of Chavez’s

fourth amendment complaint in light of the record discloses no such violation. 4

Chavez also contends that t h e prosecutor improperly commented on his postarrest silence by asking why he did not tell the arresting officers th e exculpatory

story related at trial. Chavez was not silent after his arrest but then opined that he

transported the methamphetamine under duress from unnamed persons. In that5 Lofton v. Wainwright , 620 F.2d 74 (5th Cir. 1980).

3 setting, it was not inappropriate for the prosecutor to challenge Chavez regarding

the withholding of the testimony advanced at trial. 5

AFFIRMED.