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



EXHIBIT 31.1
 Certification of Chief Executive Officer
Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Mad Catz Interactive, 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 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)) for the registrant and have:
 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)
    
    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
evaluation; andc)
    
    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
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the 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;
andb)
    
    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: February 19, 2008
    /s/ Darren RichardsonDarren Richardson, President and Chief ExecutiveOfficer
#### The People of the State of New York, Respondent, v Steve Williams, Appellant.

[666 NYS2d 442]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rivera, J.), rendered August 16, 1995, convicting him of criminal possession of a weapon in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenges to the legal sufficiency of the evidence are unpreserved for appellant review *(see,*CPL 470.05 [2]; *People v Udzinski,*146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.

The defendant’s sentence was not excessive *(see, People v Suitte,*90 AD2d 80).

The defendant’s remaining contentions, raised in his *402supplemental *pro se*brief, are without merit. Bracken, J. P., Sullivan, Santucci and Luciano, JJ., concur.
#### Michael Scott JONES, Petitioner-Appellant, v. Jose SOLIS, Respondent-Appellee.

No. 07-15353.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 10, 2011.

Steve M. Defilippis, Esq., Picone & Defilippis, San Jose, CA, for Petitioner-Appellant.

Elizabeth S. Kim, Esq., AGCA-Office of the California Attorney General, San Francisco, CA, for Respondent-Appellee.

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

*

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

MEMORANDUM **

California state prisoner Michael Scott Jones appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We dismiss.

Jones contends that the Board’s 2002 decision to deny him parole was not supported by “some evidence” and therefore ■violated his due process rights. After briefing was completed in this case, this court held that a certificate of appealability (“COA”) is required to challenge the denial of parole. *See Hayward v. Marshall,*603 F.3d 546, 554-55 (9th Cir.2010) (en banc). Now the Supreme Court has held that the only federal right at issue in the parole context is procedural, and the only proper inquiry is what process the inmate received, not whether the state court decided the case correctly. *See Swarthout v. Cooke,*- U.S. -, 131 S.Ct. 859, 862-63, 178 L.Ed.2d 732 (2011). Because Jones raises no procedural challenges, a COA cannot issue, and we dismiss the appeal for lack of jurisdiction. *See*28 U.S.C. § 2253(c)(2). Further, because Jones has not has made a substantial showing of the denial of a constitutional right, we decline to certify his remaining claims. *See*28 U.S.C. § 2253(c).

DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### UNITED STATES of America, Plaintiff-Appellee v. Miguel ARREOLA-AVILA, Defendant-Appellant.

No. 10-40715

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 19, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, Miguel Arreola-Avila, USP Coleman I, Coleman, FL, for Defendant-Appellant.

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Miguel Arreola-Avila 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). Arreola-Avila 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.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
10-QSB FOR THE PERIOD ENDED SEPTEMBER 30, 2000 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           5,682
<INT-BEARING-DEPOSITS>                           1,287
<FED-FUNDS-SOLD>                                 3,900
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     56,781
<INVESTMENTS-CARRYING>                           1,818
<INVESTMENTS-MARKET>                             1,857
<LOANS>                                        159,417
<ALLOWANCE>                                      1,745
<TOTAL-ASSETS>                                 236,156
<DEPOSITS>                                     184,329
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                              3,843
<LONG-TERM>                                     10,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            34
<OTHER-SE>                                      37,950
<TOTAL-LIABILITIES-AND-EQUITY>                 236,156
<INTEREST-LOAN>                                  9,076
<INTEREST-INVEST>                                2,436
<INTEREST-OTHER>                                   321
<INTEREST-TOTAL>                                11,833
<INTEREST-DEPOSIT>                               4,796
<INTEREST-EXPENSE>                               4,826
<INTEREST-INCOME-NET>                            7,007
<LOAN-LOSSES>                                       50
<SECURITIES-GAINS>                                (86)
<EXPENSE-OTHER>                                  5,563
<INCOME-PRETAX>                                  2,039
<INCOME-PRE-EXTRAORDINARY>                       1,447
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,447
<EPS-BASIC>                                       0.46
<EPS-DILUTED>                                     0.46
<YIELD-ACTUAL>                                    4.64
<LOANS-NON>                                      1,504
<LOANS-PAST>                                        48
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  5,116
<ALLOWANCE-OPEN>                                 1,776
<CHARGE-OFFS>                                      322
<RECOVERIES>                                       241
<ALLOWANCE-CLOSE>                                1,745
<ALLOWANCE-DOMESTIC>                             1,745
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
Exhibit 32.2

STATEMENT FURNISHED PURSUANT TO SECTION 906
OF THE 
SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350

The
undersigned, David C. Nolan, is the Executive Vice President and Chief
Financial Officer of Rome Bancorp, Inc. (the Company). This statement is
being furnished in connection with the filing by the Company of the Companys
Annual Report on Form 10-Q for the quarter ended March 31, 2006 (the Report).

By
execution of this statement, I certify that:

| |    |                                                                                                                                                                                                                     
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | A) | the Report fully
  complies with the requirements of Section 13(a) or 15(d) of the
  Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) and                                                               
|
| | B) | 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 the periods covered by the Report.

This
statement is authorized to be attached as an exhibit to the Report so that this
statement will accompany the Report at such time as the Report is filed with
the Securities and Exchange Commission, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350.  It is not intended that this statement be
deemed to be filed for purposes of the Securities Exchange Act of 1934, as
amended.

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: May
  11, 2006 | /s/ David C.
  Nolan                                  
|                     |                                                       
|                     | David C.
  Nolan                                      
|                     | Executive
  Vice President and Chief Financial Officer

---
Exhibit 32.01





CERTIFICATION PURSUANT TO


THE SARBANES-OXLEY ACT OF 2002


CHIEF EXECUTIVE OFFICER





I, Gary Herman, certify that:





In connection with the Quarterly Report on Form 10-Q of Digital Creative Development Corporation for the quarter ending March 31, 2011 (the "Report"), the undersigned officer of the Company, certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:





(1)
The Report fully complies with the requirements of Section 13(a) 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 operations of the Company.





Date: August 17, 2011




/s/ Gary Herman
 Gary Herman
 President
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T LI LI A N M A RI BEL TO RRES, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 09- 72801 A ge nc yN o. A 070- 882- 532 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d M ay24, 2011 ** B efo re: P R E G E R S O N , T H O M A S , an dP A E Z , C i rcu i tJu d g es. L i l i an M ar i be l T orr e s , ana t i ve and c i t i z e n of E l S a l va dor , pe t i t i ons f or r e vi e w of

the B oar d of

I m m i gr a t i on A ppe a l s ’ ( “ B I A ” ) or de rs um m ar i l ya f f i rm i ng an i m m i gr a t i on j udge ’ s de c i s i on de ny i ng he rm ot i on t o r e ope n de port a t i on p r o c e e d in g s c o n du c te din ab s e n tia . W e h a v e ju r is d ic tio n u n d e r8 U .S .C . § 1 2 5 2 . 

# FI LED JU N 01 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS09- 72801 2 W e r e vi e w f

orabus e of

di s c r e t i on the de ni a l of am ot i on t o r e ope n, and r e vi e w de n o v o c la im s o f

du e p r o c e s s v io la tio n s . Moh am m ed v. G on zales , 400 F . 3d 785, 7 9 1 - 9 2 ( 9 th C i r . 2 0 0 5 ) . We d e n yth e p e t i t i o n f o rr e v i e w. T he agency di d n otabuse i t s di sc re t i on i n d enyi ng T orre s’ m ot i on t o reopen on the gr ound tha ts he f a i l e d t o s how tha tpe r s ona l s e rvi c e of an O r de rt o S how C aus e w a s i ns uf

f i c i e ntt o pr ovi de he rw i th not i c e of he rr e s pons i bi l i tyt o not i f ythe im m ig r a tio n c o u rt o f

h e rc h an g e s o f

a d dr e s s . See 8 U .S .C . § 1 2 2 9 ( a ) ( 1 ) ( F ) ( ii) . N ordi d the a ge nc yabus e i t s di s c r e t i on i n f i ndi ng unpe r s ua s i ve T orr e s ’ c ont e nt i on tha ts he c oul d notha ve r e c e i ve d a de qua t e not i c e be c aus e s he di d notpr ovi de any addres s t o i m m i grat i on offi ci al s, because w here an al i en fa i l s t o p rovi de an addres s, no w ri tt en no t i ce of hear i ng i s r equi re d. 8 U . S . C . § 1 25 2b (c )( 2) (r epea l ed 19 96 ). I t f o llo w s th a t T o rr e s h a s n o t e s tab lis h e dadu e p r o c e s s v io la tio n . Se e L a ta v . I NS , 2 0 4 F .3 d1 2 4 1 , 1 2 4 6 ( 9 th C ir . 2 0 0 0 ) ( p e titio n e rm u s t s h o w e rr o rto p r e v a il on a due process cl ai m ). PETI TI O N FO R R EVI EW D EN I ED .
----

**EXHIBIT      32.3**

| (1)    | the                Annual Report on Form 10-K of the Company for the annual period ended                December 31, 2006 (the “Report”) fully complies with the requirements                of Section 13(a) or 15(d) of the Securities Exchange Act of 1934                (15                U.S.C. 78m or 78o(d)); and |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                                                                                                                                        |
| (2)    | the                information contained in the Report fairly presents, in all material                respects, the financial condition and result of operations of the                Company.                                                                                                                                            |
|   |                                                                                                                                                                                                                                                                                                                                        |

| Dated:                March 1, 2007 | /s/                Gregory E. Abel       |   |
|------------------------------------------|------------------------------------------|--------|
|                                     | Gregory                E. Abel           |   |
|                                     | President                                |   |
|                                     | (chief                executive officer) |   |

----
* 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.

United States Court of Appeals

Fifth Circuit

FILED

September 15, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-60787

Summary Calendar

MORTAZA NASSIRAN,

Petitioner,

versus

ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,

Respondent.

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A74 085 447

Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.

PER CURIAM:*

Mortaza Nassiran, a native and citizen of Iran, appeals

the Board of Immigration Appeals (BIA) decision affirming the

Immigration Judge’s denial of his application for cancellation of

removal under 8 U.S.C. § 1229b. Because cancellation of removal is

governed by 8 U.S.C. § 1229b, the jurisdictional bar of 8 U.S.C.

§ 1252(a)(2)(B)(I) applies in the instant case. This court lacks

jurisdiction to review the Attorney General’s discretionary

decision regarding cancellation of removal. See Wilmore v.
2

Gonzales, 2006 WL 1828644, __ F.3d ___ (5th Cir. July 5, 2006);

Rueda v. Ashcroft, 380 F.3d 831, 831 (5th Cir. 2004); 8 U.S.C.

§ 1229b(b); 8 U.S.C. § 1252(a)(2)(B)(I). The petition for review

is DISMISSED.
I 

111TH CONGRESS 

1ST SESSION H. R. 2762 

To amend the Internal Revenue Code of 1986 to provide that the exception 

from the treatment of publicly traded partnerships as corporations for 

partnerships with passive-type income shall not apply to partnerships 

directly or indirectly deriving income from providing investment adviser 

and related asset management services. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2009 

Mr. WELCH introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

that the exception from the treatment of publicly traded 

partnerships as corporations for partnerships with passive-type income shall not apply to partnerships directly 

or indirectly deriving income from providing investment 

adviser and related asset management services. 

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


tjames on PRODPC75 with BILLS
2 

•HR 2762 IH

1 SECTION 1. EXCEPTION FROM TREATMENT OF PUBLICLY 

2 TRADED PARTNERSHIPS AS CORPORATIONS 

3 NOT TO APPLY TO PARTNERSHIPS DIRECTLY 

4 OR INDIRECTLY DERIVING INCOME FROM 

5 PROVIDING INVESTMENT ADVISER AND RE6 LATED ASSET MANAGEMENT SERVICES. 

7 (a) IN GENERAL.—Section 7704(c) of the Internal 

8 Revenue Code of 1986 (relating to exception for partner9 ships with passive-type income) is amended by adding at 

10 the end the following new paragraph: 

11 ‘‘(4) EXCEPTION NOT TO APPLY TO PARTNER12 SHIPS PROVIDING CERTAIN INVESTMENT ADVISER

13 AND RELATED ASSET MANAGEMENT SERVICES.— 

14 This subsection shall not apply to any partnership 

15 which directly or indirectly has any item of income 

16 or gain (including capital gains or dividends), the 

17 rights to which are derived from— 

18 ‘‘(A) services provided by any person as an 

19 investment adviser (as defined in section 

20 202(a)(11) of the Investment Advisers Act of 

21 1940, 15 U.S.C. 80b–2(a)(11)) or as a person 

22 associated with an investment adviser (as de23 fined in section 202(a)(17) of the Investment 

24 Advisers Act of 1940, 15 U.S.C. 80b–2(a)(17)), 

25 or 


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3 

•HR 2762 IH

1 ‘‘(B) asset management services provided 

2 by any person described in subparagraph (A) 

3 (or any related person) in connection with the 

4 management of assets with respect to which 

5 services described in subparagraph (A) were 

6 provided. 

7 For purposes of subparagraph (A), the determina8 tion as to whether services provided by any person 

9 were provided as an investment adviser shall be 

10 made without regard to whether the person is re11 quired to register as an investment adviser under 

12 the Investment Advisers Act of 1940.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 this section shall apply to taxable years of a partnership 

15 beginning on or after the date of the enactment of this 

16 Act. 

Æ 


tjames on PRODPC75 with BILLS