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



Exhibit 32
Certification of Periodic Financial Report
Pursuant to 18 U.S.C. Section 1350

Pursuant to 18 U.S.C. Section 1350, as adopted in
Section 906 of the Sarbanes-Oxley Act of 2002, W. Gary
Suttle, Rockfords Chief Executive Officer and
James M. Thomson, Rockfords Chief Financial Officer,
each certifies with respect to Rockford Corporations
Quarterly Report on Form 10-Q for the quarter ended
June 30, 2003, that:



| |   |                                                                                                                                                 
| | - | ------------------------------------------------------------------------------------------------------------------------------------------------
| |  | the report fully complies with the requirements of
    Section 13(a) or 15(d) of the Securities Exchange Act of
    1934; and                   
|
| |  | information contained in the report fairly presents, in all
    material respects, Rockfords financial condition and
    results of operations.

|                       |  |                                             
|---------------------- |  | --------------------------------------------
|Dated: August 14, 2003 |  | /s/ W. Gary Suttle                          
|                       |  | W. Gary Suttle
    Chief Executive Officer  
|                      
|Dated: August 14, 2003 |  | /s/ James M. Thomson                        
|                       |  | James M. Thomson
    Chief Financial Officer

26
United States Court of Appeals

for the Fifth Circuit

No. 21-50729

consolidated with

No. 21-50744

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Aaron Ramirez-Almader, 

Defendant—Appellant.

Appeals from the United States District Court

for the Western District of Texas

USDC No. 4:21-CR-63-1

 USDC No. 4:18-CR-679-3

Before Davis, Jones, and Elrod, Circuit Judges.

Per Curiam:*

Aaron Ramirez-Almader appeals his conviction and sentence for 

illegal reentry after having been previously removed, pursuant to 8 U.S.C. 

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 18, 2022

Lyle W. Cayce

Clerk

Case: 21-50729 Document: 00516208697 Page: 1 Date Filed: 02/18/2022
No. 21-50729

c/w No. 21-50744

2

§ 1326(a) and (b)(2), along with the revocation of the term of supervised 

release he was serving at the time of the offense. Because his appellate brief 

does not address the validity of the revocation or the revocation sentence, he 

abandons any challenge to that order. See Yohey v. Collins, 985 F.2d 222, 224-

25 (5th Cir. 1993).

Ramirez-Almader argues that it violates the Constitution to treat a 

prior conviction that increases the statutory maximum under § 1326(b) as a 

sentencing factor, rather than as an element of the offense. He correctly 

concedes that the argument is foreclosed by Almendarez-Torres v. United 

States, 523 U.S. 224 (1998), but he wishes to preserve it for further review. 

The Government has moved without opposition for summary affirmance or, 

alternatively, for an extension of time to file its brief.

As the Government asserts and as Ramirez-Almader concedes, the 

sole issue raised on appeal is foreclosed by Almendarez-Torres. See United 

States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019); United States v. Wallace, 

759 F.3d 486, 497 (5th Cir. 2014). Because the Government’s position “is 

clearly right as a matter of law so that there can be no substantial question as 

to the outcome of the case,” Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 

1162 (5th Cir. 1969), summary affirmance is proper.

Accordingly, the motion for summary affirmance is GRANTED, and 

the judgment of the district court and order revoking supervised released are 

AFFIRMED. The Government’s alternative motion for an extension of 

time is DENIED.

Case: 21-50729 Document: 00516208697 Page: 2 Date Filed: 02/18/2022
#### UNITED STATES of America, Plaintiff-Appellee v. Josue HERNANDEZ-CHAPARRO, Defendant-Appellant.

No. 10-50415

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Jan. 20, 2011.

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

*850Philip J. Lynch, Assistant Federal Public Defender, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for DefendanL-Appellant.

Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.

PER CURIAM: *

Josué Hernandez-Chaparro appeals his sentence following his guilty plea conviction for illegal reentry into the United States in violation of 8 U.S.C. § 1326. Hernandez-Chaparro was sentenced within his advisory guidelines range to 57 months of imprisonment and three years of supervised release. He contends that his sentence is not entitled to a presumption of reasonableness because U.S.S.G. § 2L1.2, the guideline applicable to violations of § 1326, is not empirically based and double counts a defendant’s criminal history. As acknowledged by HernandezChaparro, this argument is foreclosed. *See United States v. Duarte,*569 F.3d 528, 529-31 (5th Cir.), *cert. denied,*— U.S. -, 130 S.Ct. 378, 175 L.Ed.2d 231 (2009).

Hernandez-Chaparro also contends that his sentence should be vacated as substantively unreasonable because it was based in part on § 2L1.2 and was greater than necessary to meet the requirements of 18 U.S.C. § 3553(a). Regarding § 3553(a), Hernandez-Chaparro contends that his sentence overstated the seriousness of his illegal reentry offense and failed to properly reflect his personal history and characteristics. The substantive reasonableness of Hernandez-Chaparro’s sentence is reviewed for plain error because he did not object on that ground in the district court. *See United States v. Ruiz,*621 F.3d 390, 398 (5th Cir.2010) (citing *United States v. Peltier,*505 F.3d 389, 391-92 (5th Cir.2007)). Hernandez-Chaparro’s appellate arguments fail to establish any error in his sentence, plain or otherwise. *See Duarte,*569 F.3d at 529-31; *United States v. Gomez-Herrera,*523 F.3d 554, 565-66 (5th Cir.2008); *United States v. Alonzo,*435 F.3d 551, 554 (5th Cir.2006).

AFFIRMED.

*

 Pursuant to 5th Cut. 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>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
balance sheets and statements of operations found on pages 3-5 of the
Company's Form 10-Q for the year to date, and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<CIK> 0000829649
<NAME> CONTOUR MEDICAL, INC.
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         184,382
<SECURITIES>                                         0
<RECEIVABLES>                               12,071,220
<ALLOWANCES>                                         0
<INVENTORY>                                  6,509,354
<CURRENT-ASSETS>                            20,296,385
<PP&E>                                       1,915,935
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              32,717,893
<CURRENT-LIABILITIES>                       19,106,626
<BONDS>                                              0
<COMMON>                                         5,282
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    794,281
<OTHER-SE>                                   6,803,563
<TOTAL-LIABILITY-AND-EQUITY>                32,717,893
<SALES>                                     25,915,316
<TOTAL-REVENUES>                            25,915,316
<CGS>                                       18,271,484
<TOTAL-COSTS>                               18,271,484
<OTHER-EXPENSES>                             5,894,577
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,444,432 
<INCOME-TAX>                                   550,000
<INCOME-CONTINUING>                                  0 
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   894,432 
<EPS-PRIMARY>                                      .15
<EPS-DILUTED>                                      .10 

</TABLE>
Exhibit 99.2


                            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 Wilder Richman Historic Properties
II, L.P. (the "Company") on Form 10-Q, as amended, for the period ending
November 30, 2002 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Neal Ludeke, Chief Financial Officer of Wilder
Richman Historic Corporation, general partner of the Company, certify, pursuant
to 18 U.S.C. (S) 1350, as adopted pursuant to (S) 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.


/s/ Neal Ludeke
----------------------------------------
Neal Ludeke
Chief Financial Officer of Wilder Richman
Historic Corporation, general partner of the Company
February 5, 2003
<PAGE>

                                                                   Exhibit. 32.1

                  CORPORATE PROPERTY ASSOCIATES 12 INCORPORATED

                  CERTIFICATION OF CO-CHIEF EXECUTIVE OFFICERS
                       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 Corporate Property Associates 12
Incorporated (the "Company") on Form 10-K for the period ending December 31,
2004 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), we, William Polk Carey, Co-Chief Executive Officer of the
Company, and Gordon F. DuGan, Co-Chief Executive Officer of the Company,
certify, to the best of our knowledge and belief, 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 result of operations
            of the Company.

/s/ William Polk Carey                     /s/ Gordon F. DuGan
    -----------------------                    -----------------------

     William Polk Carey                         Gordon F. DuGan
     Chairman                                   Vice Chairman
     (Co-Chief Executive Officer)               (Co-Chief Executive Officer)
            3/15/05                                   3/15/05
     ----------------------                     ---------------------------
     Date                                       Date

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
required by Section 906, has been provided to Corporate Property Associates 12
Incorporated and will be retained by Corporate Property Associates 12
Incorporated and furnished to the Securities and Exchange Commission or its
staff upon request.
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeals of --

Contract Decor, Inc. 

Under Contract No. GS-03F-052CA 

Delivery Order No. W9128F-16-F-0023 

APPEARANCES FOR THE APPELLANT: 

APPEARANCES FOR THE GOVERNMENT: 

) 

) 

) 

) 

) 

) 

ASBCA Nos. 61336, 61564 

Ian R. Feldman, Esq. 

Meredith D. Stewart, Esq. 

Clausen Miller P.C. 

Irvine, CA 

Michael P. Goodman, Esq. 

Engineer Chief Trial Attorney 

Stanley E. Tracey, Esq. 

Erin K. Murphy, Esq. 

Engineer Trial Attorneys 

U.S. Army Engineer District, Omaha 

ORDER OF DISMISSAL 

Pursuant to appellant's June 19, 2018 correspondence, which states that the parties 

have reached a settlement agreement finally resolving the above-captioned appeals, the 

above-captioned appeals are hereby DISMISSED WITH PREJUDICE. 

Dated: June 25, 2018 

Administrative Judge 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 

Services Board of Contract Appeals in ASBCA Nos. 61336, 61564, Appeals of Contract 

Decor, Inc., rendered in conformance with the Board's Charter. 

Dated: 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THE SCHEDULE  CONTAINS SUMMARY FINANCIAL  INFORMATION  EXTRACTED FROM THE ANNUAL
REPORT ON FORM 10-K FOR THE FISCAL YEAR ENDED JUNE 30, 1998 AND IS  QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          29,068
<INT-BEARING-DEPOSITS>                             100
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    132,646
<INVESTMENTS-CARRYING>                         132,705
<INVESTMENTS-MARKET>                           135,496
<LOANS>                                        657,293
<ALLOWANCE>                                      4,907
<TOTAL-ASSETS>                               1,022,136
<DEPOSITS>                                     636,441
<SHORT-TERM>                                   171,768
<LIABILITIES-OTHER>                             20,809
<LONG-TERM>                                     76,365
<COMMON>                                            56
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     109,644
<TOTAL-LIABILITIES-AND-EQUITY>               1,022,136
<INTEREST-LOAN>                                 56,261
<INTEREST-INVEST>                               17,931
<INTEREST-OTHER>                                   332
<INTEREST-TOTAL>                                74,524
<INTEREST-DEPOSIT>                              27,803
<INTEREST-EXPENSE>                              42,286
<INTEREST-INCOME-NET>                           32,238
<LOAN-LOSSES>                                      840
<SECURITIES-GAINS>                                  97
<EXPENSE-OTHER>                                  6,429
<INCOME-PRETAX>                                 12,020
<INCOME-PRE-EXTRAORDINARY>                       7,260
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,260
<EPS-PRIMARY>                                     1.37
<EPS-DILUTED>                                     1.29
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                      3,989
<LOANS-PAST>                                       626
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 4,651
<CHARGE-OFFS>                                      637
<RECOVERIES>                                        53
<ALLOWANCE-CLOSE>                                4,907
<ALLOWANCE-DOMESTIC>                             4,907
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            400
        


</TABLE>
<PAGE>

                                                                    EXHIBIT 32.1

                           PSYCHIATRIC SOLUTIONS, INC.
                           CERTIFICATIONS 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 Psychiatric Solutions, Inc.
(the "Company") on Form 10-Q for the quarter ended March 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Joey A. Jacobs, Chairman, Chief Executive Officer and President of the Company,
and I, Jack E. Polson, Chief Accounting Officer of the Company, each 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) Information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Date:  May 14, 2004

                                       /s/ Joey A. Jacobs
                                       ----------------------------------
                                       Joey A. Jacobs
                                       Chairman, Chief Executive Officer
                                       and President

                                       /s/ Jack E. Polson
                                       ----------------------------------
                                       Jack E. Polson
                                       Chief Accounting Officer
* 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. 01-40407 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TRINIDAD JULIAN GAMEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-99-CR-441-1

-------------------- February 21, 2002 Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM: * The Federal Public Defender appointed to represent Trinidad Julian Gamez on appeal has moved for leave to withdraw and has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Although Gamez was notified of his right to respond to his counsel’s motion, Gamez has not filed a response. Our independent review of counsel’s brief and the record discloses no nonfrivolous issue. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2.
943 A.2d 940

#### In re the NOMINATION PAPERS OF Harold JAMES as Candidate for Representative in the General Assembly in the 186th Legislative District. Appeal of Mark L. Jones and Ronald R.H. Felder.

Supreme Court of Pennsylvania.

March 20, 2008.

Lawrence M. Otter, Esq., for Ronald R.H. Felder.

Lawrence M. Otter, Esq., for Mark L. Jones.

John P. Sabatina, Esq., Sabatina & Associates, for Harold James.

Louis Lawrence Boyle, Esq., Pedro A. Cortes, Esq., PA Department of State-Office of General Counsel, for Pennsylvania Department of State.

BEFORE: CASTILEE, C.J., and SAYLOR, EAK1N, BAER, TODD and MCCAFFERY, JJ.

*ORDER*

PER CURIAM.

AND NOW, this 20th day of March, 2008, finding Appellants’ Petition to Set Aside Nominating Papers of Harold James to be timely filed, the order of the Commonwealth Court is reversed. This case is remanded for consideration of Appellants’ Petition on the merits.

Opinion to follow.
EXHIBIT 31.1





RULE 13A-14(A)/15D-14(A) CERTIFICATION





I, Richard K. Howe, certify that:





1. I have reviewed this report on Form 10-Q for the period ended September 30, 2010 of INUVO, 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 15-d-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 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; and





b. 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: November 3, 2010
By:
/s/ Richard K. HoweName: Richard K. Howe,Title: Chief Executive Officer, principal executive officer