alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of  SE Global Equities Corp. (the "Company") on Form 10-QSB for the period ended September 30, 2003, as filedwith the Securities and Exchange Commission on the date hereof (the "Report"),I, Toby Chu, Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. 1350, as adopted pursuant to Section 906 of the *Sarbanes-Oxley Act of2002*, that:

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

|  Date: November 14, 2003 | /s/ Toby Chu      _____________________________      Toby Chu, Chief Executive Officer
A signed original of this written statement required bySection 906 has been provided to Medina Coffee, Inc. and will be retained byMedina Coffee, Inc. and furnished to the Securities and Exchange Commission orits staff upon request. 

The foregoing certification is being furnished to theSecurities and Exchange Commission and shall not be considered filed as part ofthe Form 10-QSB. |
|-------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### UNITED STATES of America, Plaintiff-Appellee v. Edwin Kiefe SANDERS, Defendant-Appellant.

No. 10-50596

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 7, 2011.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Thomas L. Wright, El Paso, TX, for Defendant-Appellant.

Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

Edwin Kiefe Sanders appeals from his guilty plea conviction on one count of possession of material involving the sexual exploitation of children. He contends that *407his conviction should be set aside because his trial counsel rendered ineffective assistance by failing to file a motion to suppress and by failing to request that the district court appoint a psychiatrist to evaluate his competence to plead guilty.

As a general rule, this court will not consider an ineffeetive-assistance-of-coun-sel claim that was not raised in district court. *United States v. Higdon,*832 F.2d 312, 313-14 (5th Cir.1987). Moreover, the Supreme Court has emphasized that a 28 U.S.C. § 2255 motion is the preferred method for raising a claim of ineffective assistance of counsel. *Massaro v. United States,*538 U.S. 500, 503-04, 123 S.Ct. 1690, 155 L.Ed.2d 714 (2003). As the record for this case is not sufficiently developed to qualify for an exception to that general rule, we decline to consider Sanders’s claim of ineffective assistance of counsel in this appeal without prejudice to his ability to raise this claim in a § 2255 motion.

The judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cm. 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 Cm. R. 47.5.4.
V 

111TH CONGRESS 

1ST SESSION H. R. 3112 

To authorize the Secretary of the department in which the Coast Guard 

is operating to issue a certificate of documentation for operation in 

the coastwise trade for the vessel EQUULEUS. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2009 

Mr. DELAHUNT introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To authorize the Secretary of the department in which the 

Coast Guard is operating to issue a certificate of documentation for operation in the coastwise trade for the 

vessel EQUULEUS. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. VESSEL EQUULEUS. 

4 Notwithstanding sections 55101, 55102, and 12112 

5 of title 46, United States Code, the Secretary of the de6 partment in which the Coast Guard is operating may issue 


jbell on PROD1PC69 with BILLS
2 

•HR 3112 IH

1 a certificate of documentation with a coastwise endorse2 ment for the motor vessel EQUULEUS (IMO 5146914). 

Æ 


jbell on PROD1PC69 with BILLS
|   | 1. | The      Company’s Quarterly Report on Form 10-Q for the period ended June 30,      2009, to which this Certification is attached as Exhibit 32 (the “Periodic      Report”), fully complies with the requirements of Section 13(a) or Section      15(d) of the Securities Exchange Act of 1934, as amended;    and |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | The      information contained in the Periodic Report fairly presents, in all      material respects, the financial condition of the Company at the end of      the period covered by the Periodic Report and results of operations of the      Company for the period covered by the Periodic  Report. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/   Peter A.    Michel |   | /s/   Lincoln  Zehr |
|------------------------------------|--------|-------------------------------|
|                               |   |                          |
| Peter      A. Michel               |   | Lincoln      Zehr             |
| Chief      Executive Officer       |   | Chief      Financial Officer  |

----
#### The People of the State of New York, Respondent, v Wani Turner, Appellant.

[987 NYS2d 858]

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered October 22, 2012, convicting him of failing *1031to register or verify under the Sex Offender Registration Act (Correction Law art 6-C) in violation of Correction Law § 168-f (4) and offering a false instrument for filing in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his plea of guilty should be vacated because he did not allocate to each and every element of the crimes of which he was convicted is unpreserved for appellate review (see *People v Pryor,*11 AD3d 565 [2004]; *cf. People v Lopez,*71 NY2d 662, 665 [1988]). In any event, the facts to which the defendant allocated did indeed constitute the crimes of failing to register or verify under the Sex Offender Registration Act (Correction Law art 6-C) in violation of Correction Law § 168-f (4) and offering a false instrument for filing in the first degree, including the intent element of the latter *(see*Penal Law § 175.35; Correction Law § 168-f [4]; *see also People v Niver,*41 AD3d 961, 963-964 [2007]; *see generally People v Taylor,*82 AD3d 1016, 1017 [2011]).

Skelos, J.P, Leventhal, Cohen, LaSalle and Barros, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

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<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          27,837
<SECURITIES>                                       258
<RECEIVABLES>                                   64,212
<ALLOWANCES>                                     1,284
<INVENTORY>                                      1,001
<CURRENT-ASSETS>                                96,484
<PP&E>                                          49,421
<DEPRECIATION>                                  18,834
<TOTAL-ASSETS>                                 145,711
<CURRENT-LIABILITIES>                           24,540
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                            17
<OTHER-SE>                                     119,731
<TOTAL-LIABILITY-AND-EQUITY>                   145,711
<SALES>                                         91,347
<TOTAL-REVENUES>                                91,347
<CGS>                                           65,763
<TOTAL-COSTS>                                   77,026
<OTHER-EXPENSES>                                   211
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  31
<INCOME-PRETAX>                                 14,562
<INCOME-TAX>                                     5,821
<INCOME-CONTINUING>                              8,741
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,741
<EPS-BASIC>                                        .52
<EPS-DILUTED>                                      .50


</TABLE>
Exhibit 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



I, Vincent C. Smith, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Quest Software, Inc. on Form 10-Q for the quarterly period ended September 30, 2003, fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Report fairly presents, in all material respects, the financial condition and results of operations of Quest Software, Inc.



By:

/s/    VINCENT C. SMITHName:

Vincent C. SmithTitle:

Chief Executive Officer
1 The Honorable Franklin L. Noel, United States Magistrate Judge for the District of Minnesota, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 03-1699

___________ Carol Vanerka Stephens, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. Estate of Raymond Clifford Ulmer, * deceased, * [UNPUBLISHED] * Appellee. *

___________ Submitted: September 5, 2003 Filed: September 26, 2003

___________ Before RILEY, HANSEN, and SMITH, Circuit Judges.

___________ PER CURIAM. Carol Stephens appeals the district court’s 1 dismissal of her civil action against the Estate of Raymond Clifford Ulmer. After de novo review, see Charchenko v. City of Stillwater , 47 F.3d 981, 982-83 (8th Cir. 1995), we conclude that the district court properly dismissed Stephens’s action for lack of subject matter jurisdiction. We-2- decline to address the issues Stephens raises for the first time on appeal. See Alexander v. Pathfinder, Inc. , 189 F.3d 735, 742 (8th Cir. 1999). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

______________________________
#### The People of the State of New York, Respondent, v Billy Cooper, Appellant.

[858 NYS2d 889]

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated January 23, 2007 *(People v Cooper,*36 AD3d 828 [2007]), affirming a judgment of the Supreme Court, Queens County, rendered March 4, 2004.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz,*2 NY3d 277 [2004]). Spolzino, J.P, Lifson, Florio and Covello, JJ., concur.
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE

.

IN THE 

## A RIZONA 

## C OURT OF 

## A PPEALS D IVISION O NE

S TATE OF ARIZONA , Respondent ,

v.

E DMUND HERALD ADAMS , Petitioner

. No. 1 CA- CR 17-0558 PRPC

P etition for Review from the Superior Court in Mohave County No. S8015CR201300484 The Honorable Rick A. Williams , Judge
REVIEW GRANTED; RELIEF DENIED

COUNSEL
Mohave C ounty Attorney’s Office, Kingman By Matt hew J. Smith Counsel for Respondent

Edm und Herald Adams, Florence Petitioner

M EMORANDUM DECISION Presiding Judge Jon W. Thompson, Judge Peter B. Swann , and Judge James P. Beene delivered the decision of the Court. FILED 2-20-2018STATE v. ADAMS Decision of the Court

2 P E R C U R I A M : ¶1 Petitioner Edmund Herald Adams seeks review of the superior court’s order denying his petition for post

- conviction relie f , filed pursuant to Arizona Rule of Criminal Procedure 32.1

. This is the petitioner’s second successive petition. ¶2 Absent an abuse of discretion or error of law, this Court will not disturb a superior court’s ruling on a petition for post

- conviction relief. State v. Gutierrez , 229 Ariz. 573, 576 -77, ¶ 19 (2012). It is the petitioner’s burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete , 227 Ariz. 537, 538, ¶ 1 (App. 2011). ¶3 We have reviewed the record in this matter, the superior court’s order denying the petition for post

- conviction relief, and the petition for r eview. We find t hat petitioner has not shown an abuse of discretion. ¶4 Accordingly, we grant review and deny relief.
#### UNITED STATES of America, Plaintiff-Appellee v. Cesar Robles SALAMANCA, Defendant-Appellant.

No. 10-10705

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 19, 2011.

Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

Jason Douglas Hawkins, Federal Public Defender, Federal Public Defender’s Office, Northern District of Texas, Dallas, TX, Bonita L. Gunden, Assistant Federal Public Defender, Federal Public Defender’s Office, Northern District of Texas, Amarillo, TX, for Defendant-Appellant.

Cesar Robles Salamanca, pro se.

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Cesar Robles Salamanca has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Robles Salamanca has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 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.
<PAGE>   1

                                                                     EXHIBIT 3.3


                            CERTIFICATE OF AMENDMENT
                                       OF
                           SECOND AMENDED AND RESTATED
                            ARTICLES OF INCORPORATION
                             OF QUEST SOFTWARE, INC.
                           (A CALIFORNIA CORPORATION)

         The undersigned Vincent C. Smith and David M. Doyle hereby certify
that:

         1. They are the duly elected and acting (i) Chief Executive Officer and
(ii) President and Secretary, respectively, of Quest Software, Inc., a
California corporation (the "Corporation").

         2. Paragraph A of Article III of the Second Amended and Restated
Articles of Incorporation of the Corporation, as amended through the date of
this filing (the "Restated Articles"), shall be amended to read in full as
follows:

         A.       Classes of Stock. This corporation is authorized to issue two
                  classes of stock to be designated, respectively, "Common
                  Stock" and "Preferred Stock." The total number of shares of
                  stock which the corporation is authorized to issue is One
                  Hundred Sixty Million (160,000,000) shares. One Hundred Fifty
                  Million (150,000,000) shares shall be Common Stock, no par
                  value per share, and Ten Million (10,000,000) shares shall be
                  Preferred Stock, no par value per share. Effective immediately
                  upon the filing of this Certificate of Amendment, each
                  outstanding share of Common Stock shall be split and
                  automatically converted, without any further action on the
                  part of the holder thereof, into two (2) shares of Common
                  Stock. No shares of Preferred Stock are outstanding. No
                  fractional shares shall be issued in connection with the stock
                  split.

         3. The foregoing amendment of the Restated Articles has been duly
approved by the Board of Directors of the Corporation.

         4. The Corporation has only one class of shares outstanding. No vote of
the shareholders of the Corporation was required in accordance with the Restated
Articles and Sections 902(c) and 903(a) of the California Corporations Code.

         We further declare under penalty of perjury under the laws of the State
of California that we have read this Certificate and that the matters set forth
herein are true and correct of our own knowledge.

         Executed at Irvine, California on March 24, 2000.


                                        /s/ VINCENT C. SMITH
                                        ----------------------------------------
                                        Vincent C. Smith
                                        Chief Executive Officer


                                        /s/ DAVID M. DOYLE
                                        ----------------------------------------
                                        David M. Doyle
                                        President and Secretary
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000928420
<NAME> COHESANT TECHNOLOGIES 
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          NOV-30-1997
<PERIOD-START>                             DEC-01-1996
<PERIOD-END>                               NOV-30-1997
<CASH>                                          59,863
<SECURITIES>                                         0
<RECEIVABLES>                                1,607,075
<ALLOWANCES>                                    73,948
<INVENTORY>                                  3,181,912
<CURRENT-ASSETS>                             6,764,233
<PP&E>                                       1,036,889
<DEPRECIATION>                                 409,034
<TOTAL-ASSETS>                               8,876,824
<CURRENT-LIABILITIES>                        4,264,082
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,688
<OTHER-SE>                                   4,547,381
<TOTAL-LIABILITY-AND-EQUITY>                 8,876,824
<SALES>                                      9,830,598
<TOTAL-REVENUES>                             9,830,598
<CGS>                                        5,559,342
<TOTAL-COSTS>                                6,407,608
<OTHER-EXPENSES>                                (6,862)
<LOSS-PROVISION>                                84,718
<INTEREST-EXPENSE>                              82,238
<INCOME-PRETAX>                                234,159
<INCOME-TAX>                                   (20,100)
<INCOME-CONTINUING>                            254,259
<DISCONTINUED>                              (1,712,136)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,457,877)
<EPS-PRIMARY>                                    (0.54)
<EPS-DILUTED>                                        0
        

</TABLE>
**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 247MGI, Inc. (the "Company") on Form
      10-QSB/A for the period ended June 30, 2007 as filed with the Securities and
      Exchange Commission (the "Report"), I, Matthew P. Dwyer CEO of the Company,
      certify, pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to SS. 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.





247MGI,
                Inc.January 2,
                2008
            
            By:
                /s/ Matthew P. DwyerMatthew
                P. Dwyer, CEO, principal executive officer
              and
                principal financial and accounting
                officer





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 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.