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

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

OCTOBER 11, 2006

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 04-12576

________________________

D. C. Docket No. 03-00394-CR-S

UNITED STATES OF AMERICA,

Plaintiff-Appellee, 

versus

MICHAEL LEWIS IVORY,

a.k.a. Black Mike,

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Northern District of Alabama

_________________________

(October 11, 2006)

Before ANDERSON and DUBINA, Circuit Judges, and VINSON,* District Judge.

PER CURIAM:

___________________

*Honorable C. Roger Vinson, United States District Judge for the Northern District of Florida,

sitting by designation.
We decline to address the ineffective assistance of counsel claim on this direct 1

appeal.

2

After oral argument and careful consideration, we conclude that the

judgment of the district court should be affirmed for the reasons fully discussed at

oral argument.1

AFFIRMED.
[No. 67540-1-I.

Division One.

November 13, 2012.]

#### The State of Washington, *Respondent,*v. Michael Wayne Kimmer, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 09-1-07762-9, Brian D. Gain, J., entered August 12, 2011. *Affirmed*by unpublished opinion per

Dwyer, J,

concurred in by Grosse and Becker, JJ.
<PAGE>

Exhibit 13.2




                  CERTIFICATION BY THE CHIEF FINANCIAL OFFICER
                           PURSUANT TO 18 U.S.C. 1350
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



The undersigned hereby certifies that, to his knowledge, (i) the Form 20-F filed
by Central Minera Corp. (the "Issuer") for the year ended June 30, 2004, 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 that report fairly
present, in all material respects, the financial condition and results of
operations of the Issuer on the dates and for the periods presented therein.



                                                CENTRAL MINERA CORP.

                                                "Michael Cytrynbaum"

November 26, 2004                               Michael Cytrynbaum
                                                President
EXHIBIT 4.1


 


 








	
 

	
Filed in the office of


 


/s/ ROSS MILLER


Ross Miller


Secretary of State


State of Nevada

	
Document Number


20130779877-71


Filing Date and Time


11/27/2013 12:15 PM


Entity Number


E0210852010-1










CERTIFICATE OF AMENDMENT TO ARTICLES OF INCORPORATION


FOR NEVADA PROFIT CORPORATIONS


(Pursuant to NRS 78.385 and 78.390 - After Issuance of Stock)








	1.	Name of corporation: Guwenhua International Company











	2.	The articles have been amended as follows: (provide articles numbers, if available)





Article I is hereby amended such that the name of the corporation is “TYIN Group Holdings Limited”.








	3.	The vote by which the stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, or as may be required by the provisions of the articles of incorporation have voted in favor of the amendment is:  Greater than 50%











	4.	Effective date of filing: (optional)  Date: _____________ Time: _____________





(must not be later than 90 days after the certificate is filed)








	5.	Signature (required):










/s/ Anthony Tsang


Signature of Officer
#### The People of the State of New York, Respondent, v Manolo Calderon, Appellant.

[986 NYS2d 484]

Order, Supreme Court, New York County (Renee A. White, J.), entered December 11, 2012, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in declining to grant a downward departure *(see People v Cintron,*12 NY3d 60, *47270 [2009], *cert denied*558 US 1011 [2009]; *People v Johnson,*11 NY3d 416, 421 [2008]). Defendant did not demonstrate any mitigating factors, not already taken into account in the risk assessment instrument, that would warrant a downward departure, given the egregiousness of defendant’s sexual offenses. We have considered and rejected defendant’s remaining arguments.

Concur—Gonzalez, P.J., Sweeny, Moskowitz, Freedman and Kapnick, JJ.
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 Greystone Logistics, Inc. (the “Company”), on Form 10-Q/A for the period ending November 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, William W. Rahhal, 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.








February 9, 2012
/s/ William W. Rahhal


William W. Rahhal


Chief Financial Officer





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.





The foregoing certification is being furnished to the Securities and Exchange Commission as an exhibit to the Report and shall not be considered filed as part of the Report.
Microsoft Word 10.0.6754;                                           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 on Form 10-Q/A of Lynch Interactive
Corporation  (the "Company") for the quarter ended March 31, 2005, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"),  Mario
J. Gabelli, Chief Executive Officer of the Company,  hereby certifies,  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/ Mario J. Gabelli
                                                --------------------
                                               Name: Mario J. Gabelli
                                               Title: Chief Executive Officer
Date: September 7, 2005



This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed  filed by the  Company  for  purposes of
Section18 of the Securities Exchange Act of 1934.
---

---

Exhibit 13.1

# Certification
Pursuant To
18 US C Section 1350,
As Adopted Pursuant To
Section 906 Of The
Sarbanes-Oxley Act Of 2002

In
connection with Amendment No.1 on Form 20-F/A to the Annual Report of Tower Semiconductor
Ltd. (the Registrant) on Form 20-F for the year ended December 31, 2008 as
filed with the Securities and Exchange Commission on the date hereof (the Report),
I, Russell C. Ellwanger, Chief Executive Officer of the Registrant, certify, pursuant to
18 U.S. C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that to my knowledge:

| | 1. | the
Report fully complies with the requirements of Section 13(a) of the Securities Exchange
Act of             1934; and section 13 (a).
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------

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

| |  | /s/ Russell C. Ellwanger
Russell C. EllwangerChief Executive Officer
| |  | ----------------------------------------------------------------------------------

November 24, 2009

A
signed original of this written statement required by Section 906 has been provided to
the Registrant and will be retained by the Registrant and furnished to the Securities and
Exchange Commission or its staff upon request.



---

---
Exhibit
32.2





CERTIFICATION
18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE


SARBANES-OXLEY
ACT OF 2002





Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, and in connection with the filing by Intermost
Corporation, a Wyoming Corporation (the “Company”) with the Securities and
Exchange Commission of its Quarterly Report on Form 10-Q for the three months
ended December 31, 2009 (the “Report”), the undersigned, Thomas Lee, Chief
Financial Officer of the Company, does hereby certify, that to the best of his
knowledge:





(1)
              The
      Report fully complies with the requirements of Section 13(a) or 15(d), as
      applicable, 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.





This certification is being provided
pursuant to 18 U.S.C. 1350 and is not to be deemed a part of this Report, nor is
it to be deemed to be “filed” for any purpose whatsoever.





Date:
February 12, 2010





By:Thomas
      Lee
                  Chief
      Financial Officer





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.
**Exhibit 23.1**
**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
     We consent to the incorporation by reference in the Registration Statements (Form S-8 Nos.333-65549, 333-84331, 333-84341, 333-42670, 333-69376, 333-69374, 333-101104, 333-101105,333-109275, 333-109278, 333-111089, 333-111090, 333-115478,333-116869, 333-116870, 333-65551, 333-65571) pertaining to the amended andrestated Stock Subscription Warrants, 1994 Stock Option Plan, 1995 International Employee StockPurchase Plan, 1999 Stock Option Plan, 2001 Stock Option Plan, 2004International Employee Stock Purchase Plan, Crystal Decisions, Inc. 1999 StockOption Plan, and French Employee Savings Plan, and in the Registration Statement (Form S-3 No.333-119662) of Business Objects, S.A. and in the related Prospectus of our reports dated March 14,2005, with respect to the consolidated financial statements and schedule of Business Objects, S.A.,Business Objects, S.A. management’s assessment of the effectiveness of internal control overfinancial reporting, and the effectiveness of internal control over financial reporting of BusinessObjects, S.A. included in this Annual Report (Form 10-K) for the year ended December 31, 2004.
/s/ Ernst & Young LLP
San Jose, California
CIRCUIT COURT OF THE CITY OF ALEXANDRIA

#### Seabrook v. Health Group et al.

September 5, 1986

Case No. (Law) 9021

By JUDGE ALFRED D. SWERSKY

The objection of defendant Jefferson Memorial Hospital Joint Venture to the 756 Requests for Admissions must be sustained. While cognizant of a need to lessen plaintiff’s burden in this case, I find that the sheer volume and scope of these Requests make them objectionable.

Counsel are urged, once again, to meet and discuss such stipulations and agreements as will facilitate the trial of this matter.

This ruling is without prejudice to plaintiff’s right to file appropriate Requests for Admissions.
Exhibit
32.1





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





Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, and in connection with the filing by Intermost
Corporation, a Wyoming Corporation (the “Company”) with the Securities and
Exchange Commission of its Quarterly Report on Form 10-Q for the Six months
ended December 31, 2010 (the “Report”), the undersigned, Chia Hsun Wu, Chief
Executive Officer of the Company, does hereby certify, that to the best of his
knowledge:





(1)
            The
      Report fully complies with the requirements of Section 13(a) or 15(d), as
      applicable, 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.





This
certification is being provided pursuant to 18 U.S.C. 1350 and is not to be
deemed a part of this Report, nor is it to be deemed to be “filed” for any
purpose whatsoever.





Date:  February
      12, 2011By:
              /s/
      Chia
      Hsun WuChia
      Hsun WuChief
      Executive Officer





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.
#### Robert Nelson HOWELL, Petitioner-Appellant, v. UNITED STATES PENITENTIARY ATWATER; Rios, Warden, Respondents-Appellees.

No. 09-17131.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 24, 2011.

*744Robert Nelson Howell, Forrest City, AR, pro se.

Jesse Gonzalez, USPA-U.S. Penitentiary, Atwater, CA, Mark J. McKeon, Esquire, Assistant U.S. Attorney, USF-Office of the U.S. Attorney, Fresno, CA, for Respondents-Appellees.

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

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *744*See*Fed. R. App. P. 34(a)(2).

MEMORANDUM ***

Federal prisoner Robert Nelson Howell appeals pro se from the district court’s order denying his 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Howell contends that his due process rights were violated because the Disciplinary Hearing Officer (DHO) who imposed the sanctions at his disciplinary hearing was not qualified to do so.

Even assuming this claim is properly before this court, it fails on the merits. Howell has failed to support his claim or otherwise demonstrate that the DHO’s handling of the disciplinary hearing violated due process. *See Superintendent v. Hill,*472 U.S. 445, 454-455, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985).

AFFIRMED.

***

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

OSCAR ALARCON

- CUEVAS,

Petitioner,

v. MATTHEW G. WHITAKER, Acting Attorney General,

Respondent. No. 15

- 70108
Agency No. A087

- 958

- 928

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted December 17, 2018 **

Before: WALLACE, SILVERMAN, and McKEOWN , Circuit Judges.

Oscar Alarcon

- Cuevas , a native and citizen of Mexico , petitions for review

of t he Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings and reissue its previous decision reinstating his voluntary departure period

. We have jurisdiction under 8 U.S.C. § 1252 . We review for

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

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

# FILED

DEC 19 2018
MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 15

- 70108

abuse of discretion the denial of a motio n to reopen and reissue

. Hernandez

Velasquez v. Holder , 611 F.3d 1073, 1077 (9th Cir. 2010)

. We deny the petition for

review.

The BIA did not abuse its discretion in de nying as untimely Alarcon

Cuevas’s motion to reopen based on ineffective assistance of counsel , where he

filed it 18 months after his final order of removal, and he failed to comply with the procedural requirements of Matter of Lozada , 19 I. & N. Dec. 637 (BIA 1988)

. See 8 C.F.R. § 1003.2(c)(2) ; Sing h v. Holder , 658 F.3d 879, 884 (9th Cir. 2011) (listing requirements for equitable tolling on account of ineffective assistance of counsel) ; Tamang v. Holder , 598 F.3d 1083, 1090

- 91 (9th Cir. 2010) (failure to satisfy Matter of Lozada requirements was fata l to ineffective assistance of counsel claim where ineffectiveness was not plain on the face of the record)

. Alarcon

- Cuevas has not shown that the BIA abuse d its discretion in declining to reissue its December 12, 2012 , order, where the sole basis for hi s reissuance request was to reinstate his voluntary departure period, and he does not challenge the BIA’s determination that it lacked authority to do so. See Corro

Barragan v. Holder , 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in op ening brief resulted in waiver) ; cf. Singh v. Napolitano , 649 F.3d 899, 901 (9th Cir. 2011) (the BIA has reissued decisions where an alien has shown lack

of notice of the decision).3 15

- 70108

In light of this disposition, we do not reach Alarcon

- Cuevas ’s remaining contentions regarding ineffective assistance of counsel.

PETITION FOR REVIEW DENIED.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-1653

MICHAEL HANNON,

Plaintiff - Appellant,

versus

AMERICAN SERVICE CENTER ASSOCIATES, LLC,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. James C. Cacheris, Senior

District Judge. (CA-962-JCC)

Submitted: October 14, 2004 Decided: October 19, 2004

Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael Hannon, Appellant Pro Se. Robert Lewis Duston, Edward Ross

Levin, Linda Grace Hill, SCHMELTZER, APTAKER & SHEPARD, PC,

Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Michael Hannon appeals the district court’s order

granting American Service Center Associates, LLC’s motion for

summary judgment and dismissing Hannon’s employment discrimination

and retaliation action, and its order denying Hannon’s motion for

reconsideration. We have reviewed the record and find no

reversible error. Accordingly, we affirm the grant of summary

judgment on the reasoning of the district court, and the denial of

the motion for reconsideration on our finding of no abuse of

discretion. Temkin v. Frederick County Comm’rs, 945 F.2d 716, 724

(4th Cir. 1991). See Hannon v. American Serv. Ctr. Assoc., LLC,

No. CA-962-JCC (E.D. Va. Apr. 26, 2004; May 11, 2004). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED
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</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6773
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus GLEN L. FELDER, Defendant - Appellant.Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CR-97-70016, CA-98-5-R) Submitted: July 22, 1998 Decided: August 10, 1998 Before ERVIN, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Glen L. Felder, Appellant Pro Se. Donald Ray Wolthuis, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion andfind no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Felder , Nos. CR-97-70016; CA-98-5-R (W.D. Va. May 20, 1998). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED