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#### Monty Kent WALKER, Plaintiff and Appellant, v. BOARD OF PARDONS, Defendant and Appellee.

No. 900113.

Supreme Court of Utah.

Dec. 27, 1990.

Monty Kent Walker, pro se.

R. Paul Van Dam, Kent M. Barry, Salt Lake City, for defendant and appellee.

PER CURIAM:

This is an appeal from an order dismissing plaintiff Monty Kent Walker’s petition for a writ of habeas corpus. Walker contended that his parole was revoked for alleged criminal conduct without arrest, filing of formal charges, and trial and that, had he been charged and tried, he would have been found not guilty. Walker claims that his constitutional right to face his accusers and to be tried before a jury of his peers was violated.

The rationale of *Johns v. Shulsen,*717 P.2d 1336 (Utah 1986), governs the disposition of the case under review:

> Parole revocation is an administrative proceeding and not a criminal prosecution. It stems from a clear violation of the rules and regulations imposed as a condition of parole. Invariably, freedom from criminal activity is a condition of parole; however, a conviction is not a prerequisite.

*Id.*at 1338 (citing *Ward v. Smith,*573 P.2d 781 (Utah 1978)).

The burden of proof in a criminal proceeding is beyond a reasonable doubt. *Johns v. Shulsen,*717 P.2d at 1338. In an administrative proceeding, it is by a preponderance of the evidence. *Id.*The findings of the Board of Pardons disclose sufficient evidence from which it could have found that Walker committed the offense with which he was charged and that he therefore breached one of the conditions of his parole not to violate any state laws. Walker’s constitutional argument is therefore without merit.

Affirmed.
**EXHIBIT 32.02**

 

**Section 1350 Certification**

 

In connection with this quarterly report of Highbridge Commodities FuturesAccess LLC (the “Company”) on Form 10-Q for the quarter ended September 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (this “Report”), I, Barbra E. Kocsis, Chief Financial Officer of Merrill Lynch Alternative Investments LLC, the manager of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant of the Sarbanes-Oxley Act to 2002, that:

 

1. This 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

Date: November 14, 2012

 

 
| By:    | /s/   BARBRA E. KOCSIS                         |   |
|--------|------------------------------------------------|--------|
|   | Barbra   E. Kocsis                             |   |
|   | Chief   Financial Officer                      |   |
|   | (Principal   Financial and Accounting Officer) |   |

 

1

----
*This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

F I L E D

United States Court of Appeals

Tenth Circuit

APR 26 2001

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff - Appellee, No. 00-1387

v. (D.C. No. 00-CR-38-D)

GUSTAVO AVILA-RIVAS, also

known as Hector Rivas-Trujillo, also

known as Hecotor Avila-Rivas, 

(D. Colo.)

Defendant - Appellant.

 

ORDER AND JUDGMENT*

Before SEYMOUR, McKAY, and BRORBY, Circuit Judges.

After examining the briefs and the appellate record, this panel has

determined unanimously that oral argument would not materially assist the

determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). 

The case is therefore ordered submitted without oral argument.

Defendant pled guilty to one count of unlawful reentry of an alien after

deportation in violation of 8 U.S.C. § 1326(a). The district court sentenced him
-2-

to forty-one months in prison followed by a three-year term of supervised release. 

Defendant’s counsel filed a timely notice of appeal and has subsequently filed a

brief pursuant to Tenth Circuit Rule 46.4(B)(1) and Anders v. California, 386

U.S. 738 (1967), accompanied by a request for leave to withdraw.

Anders holds that “if counsel finds his case to be wholly frivolous, after a

conscientious examination of it, he should so advise the court and request

permission to withdraw.” Id. at 744. Counsel must also submit a brief “referring

to anything in the record that might arguably support the appeal.” Id. The

appellant must be furnished with a copy of counsel’s brief and must be allowed

time “to raise any points that he chooses; the court . . . then proceeds, after a full

examination of all the proceedings, to decide whether the case is wholly

frivolous.” Id. If the court finds the case frivolous, it may grant counsel’s

request to withdraw and dismiss the appeal. Id.

The only potentially appealable issue raised in counsel’s Anders brief is

whether Defendant’s sentence was correctly calculated under the Sentencing

Guidelines. We find that issue to be frivolous. Our review of the record and the

relevant sentencing guidelines reveals nothing that would indicate a miscalculated

sentence in the instant case. Counsel’s brief contains a certificate of service

certifying that Defendant was furnished with a copy of the brief by United States

mail on December 5, 2000. Aplt. Br., at 12. We have received no indication that
-3-

Defendant wishes to raise additional issues. We therefore grant counsel leave to

withdraw and DISMISS the appeal. 

Entered for the Court

Monroe G. McKay

Circuit Judge
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Dragon Acquisition Corporation - Exhibit 10.13 - Filed by newsfilecorp.com






     Exhibit 10.13 

(English Translation) 

Share Purchase Agreement 

Party A: Qingdao Pingdu Xinyuan Real Estate Development Co.,
Ltd 
Legal Representative: Xu Jinmin 

  Domicile: Shengli Road, Pingdu, Qingdao 

Party B: Qingdao Oumei Real Estate Development Co., Ltd.

Legal Representative: Zhang Weiqing 

  Domicile: No. 1431, Aolan Road, Jimo, Qingdao 

Whereas: Weifang Longhai Realty Ltd. Is a limited liability
company (hereinafter “the company”) invested by Party A. Its registered capital
is 36.7 million RMB. Party A owns 100% of 36.7 million. 

Party A has agreed and will assign its own 100% of the shares
amount equivalent to 30,000,000 Yuan RMB in foreign exchange to Party B. Both
Parties sign an agreement as follows: 

	1. 	
      Proportion and Price of the Purchased
  Shares

	 	 
		
      Party A will sell its own 100% of the shares of Weifang
      Longhai Realty Ltd equivalent to 30,000,000 Yuan RMB in foreign exchange
      to Party B.

	 	 
	2. 	
      Payment Term

	 	 
		
      In 90 days from this agreement has signed, Party B shall
      pay Party A the full purchase price in a lump sum.

	 	 
	3. 	
      Right and Responsibilities of Two
Parties

	 	 
		
      Party B shall pay the total purchase price to Party A in
      a lump sum as stipulated in this agreement. Should Party B fail to pay off
      the amount, it will be liable for the responsibilities for breach of the
      contract.

	 	 
		
      After the full payment of the purchase price from Party
      B, Party A shall assist Party B in dealing with all the changing
      registration procedures in AIC, Tax and Foreign Exchange Bureau and other
      administrative departments.

	 	 
	4. 	
      Breach of contract

	 	 
		
      If Party B fails to pay the purchase price according to
      the term prescribed in the article 3 of this agreement, Party B should pay
      1/10000 of the purchase price as punishment every delay of one month to
      Party A. Party A is entitled to terminate the agreement and ask for the
      payment of damage except for the punishment when a delay of 6 months
      occurs.








	5. 	
      Dispute Settlement

	 	 
		
      In the event of any dispute relating to this agreement,
      the parties shall attempt in the first instance to resolve such dispute
      through friendly discussion. If the event such dispute is not resolved
      through discussion, the dispute shall be submitted to Qingdao Arbitration
      Committee according to its rules of procedure. The arbitral award is final
      and binding to both parties.

	 	 
	6. 	
      Effective Conditions of the agreement

	 	 
		
      After formal sign and seal by both parties, the agreement
      comes to effect as long as the approval authority approves. The agreement
      has six copies. Each party holds one, the other will be submitted for
      approval.



Party A: Qingdao Pingdu Xinyuan Real Estate Development Co.,
Ltd 

  Legal Representative: Xu Jinmin 

Party B: Qingdao Oumei Real Estate Development Co., Ltd.


  Legal Representative: Zhang Weiqing 

28th, Aug, 2008
III 

113TH CONGRESS 

1ST SESSION S. RES. 1 

Informing the President of the United States that a quorum of each House 

is assembled. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 3, 2013 

Mr. REID (for himself and Mr. MCCONNELL) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Informing the President of the United States that a quorum 

of each House is assembled. 

1 Resolved, That a committee consisting of two Sen2 ators be appointed to join such committee as may be ap3 pointed by the House of Representatives to wait upon the 

4 President of the United States and inform him that a 

5 quorum of each House is assembled and that the Congress 

6 is ready to receive any communication he may be pleased 

7 to make. 

Æ 


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Exhibit 10(h)


 


SUMMARY
DESCRIPTION OF TRUSTEES’ COMPENSATION


 


The compensation paid to
each Individual Trustee and the Corporate Trustee is set forth in the Amendment
to the Agreement of Trust dated as of October 25, 1982 (the “Amendment”).  The Amendment is filed as Exhibit 3(a) to
the Form 10-K.


 


Pursuant to the Amendment,
each Individual Trustee receives at least $20,000 in annual compensation for
services as Trustee.  Each year, annual
Trustee compensation is adjusted up or down (but not below $20,000) in
accordance with changes from the November 1981 level of 295.5 (the “1981
Escalation Level”) in the All Commodities Producer Price Index (with 1967 = 100
as a base).  The All Commodities Producer
Price Index is published by the U.S. Department of Labor.  The adjustment is made at the end of each
fiscal year and is calculated on the basis of the proportion between (a) the
level of such index for the November preceding the end of such fiscal
year, and (b) the 1981 Escalation Level. 
Each of the Individual Trustees that served the Trust for the entire
fiscal year received $35,999 in cash compensation for services to the Trust
during the fiscal year ended January 31, 2010.  The Individual Trustees who did not serve for
an entire fiscal year received a pro-rated portion of the $35,999.


 


Also pursuant to the
Amendment, Deutsche Bank Trust Company Americas, as the Corporate Trustee,
receives annual compensation in an amount equal to the greater of (i) $20,000,
or such other amount determined in accordance with the adjustments described in
the preceding paragraph, or (ii) one quarter of one percent (1/4 of 1%) of
the Trust Moneys, exclusive of proceeds of sale of any part of the Trust Estate
(as such terms are defined in the Agreement of Trust), received by the Trustees
and distributed to Trust Unitholders.


 


Additionally, each year the Corporate Trustee
receives $62,500 (or more, if unanimously approved by the Individual Trustees)
to cover clerical and administrative services to Mesabi Trust other than
services customarily performed by a registrar or transfer agent.  In fiscal 2010, the Trust paid the Corporate
Trustee $62,500 to cover clerical and administrative services to Mesabi Trust
and $9,974 for services as registrar and transfer agent.  The Corporate Trustee earned $98,063 in total
compensation for the fiscal year ended January 31, 2010.
Exhibit 32.2





CERTIFICATION OF CO-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, Mark Gatto, Co-Chief Executive Officer, in connection with the Quarterly Report of CĪON Investment Corporation (the “Company”) on Form 10-Q for the quarter ended March 31, 2017, as filed with the Securities and Exchange Commission on the date hereof (the “Quarterly Report”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





|   |                                                                                                                                            
|-- | -------------------------------------------------------------------------------------------------------------------------------------------
|1. | The Quarterly Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

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

Date: May 12, 2017


/s/ Mark Gatto


Mark Gatto


Co-Chief Executive Officer


(Principal Executive Officer)


CĪON Investment Corporation