alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This opinion is subject to administrative correction before final disposition.

Before HITESMAN, GASTON, and GEIS , Appellate Military Judges

_________________________ 

### UNITED STATES Appellee

v. Tyler W. AYERS Lance Corporal (E

- 3 ), U.S. Marine Corps Appellant
No. 201900107
Decided: 14 November 2019

. Appeal from the United States Navy

- M arine Corps Trial Judiciary

. Military Judge : Lieutenant Colonel Wilbur Lee, USMC . Sentence adjudged 24 January 2019 by a general court

- martial convened at Marine Corps Base Camp Kaneohe Bay , Hawaii , consisting of a military judge sitting alone

. Sentence in the Entry of Judgment : reduction to E

- 1, forfeiture of all pay and allowances , confinement for 7 months , and a bad

- conduct discharge

. For Appellant: Lieutenant Commander W. Scott Stoebner , JAGC, USN. For Appellee: Brian K. Keller, Esq.

___________________ ______ This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2 (a)
.

_________________________ PER CURIAM : After careful consideration of the record, submitted without assignment of error, we have determined that the fin dings and sentence are correct in lawUnited States v. Ayers , No. 201 900107

2 and fact and that no error materially prejudicial to the a ppellant’s substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. T he findings and sentence are AFFIRMED

.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In connection with
the accompanying Quarterly Report of Equus Total Return, Inc. (the Fund) on Form 10-Q for the quarter ended March 31, 2008 (the Report), I, Kenneth I. Denos, Chief Executive Officer of the Company, hereby certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | To my knowledge, 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 results of operations of the Fund.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |                        
|------------------- |  | -----------------------
|Dated: May 15, 2008 |  | /s/ Kenneth I. Denos   
|                    |  | Kenneth I. Denos       
|                    |  | Chief Executive Officer
EXHIBIT 32.1





CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY
ACT OF 2002 (18 U.S.C. SECTION 1350)



In connection
with the accompanying Quarterly Report of Equus Total Return, Inc. (the “Fund”) on Form 10-Q for the quarter ended March 31,
2022 (the “Report”), I, John A Hardy, Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | To my knowledge, 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 results of operations of the Fund.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------







Dated: May 12, 2022





|EQUUS TOTAL RETURN, INC.
|------------------------
|                        
|/s/ John A. Hardy       
|John A. Hardy           
|Chief Executive Officer
EXHIBIT 31.2IEA Income Fund XII, L.P.Rule 13a-14 CERTIFICATION     I, John Kallas, certify that:     1. I have reviewed this quarterly report on Form 10-Q of IEA Income Fund XII, L.P. (the“Partnership”);     2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this quarterly report;     3. Based on my knowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financial condition, resultsof operations and cash flows of the Partnership as of, and for, the periods presented in thisquarterly report;     4. The other certifying officer of Cronos Capital Corp. (“CCC”), the General Partner of thePartnership, and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Partnership and wehave:               (a) designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe Partnership, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this quarterly report is being prepared;and               (b) evaluated the effectiveness of the Partnership’s disclosure controls and procedures andpresented in this quarterly report our conclusions about the effectiveness of the disclosurecontrols and procedures, based on our evaluation; and               (c) disclosed in this quarterly report any change in the Partnership’s internal control overfinancial reporting that occurred during the Partnership’s most recent fiscal quarter (thePartnership’s fourth fiscal quarter in the case of an annual report) that has materially affected,or is reasonably likely to materially affect, the Partnership’s internal control over financialreporting.     5. CCC’s other certifying officer and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the Partnership’s auditors and the Audit Committeeof Partnership’s Board of Directors (or persons performing the equivalent function):               (a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect thePartnership’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 havea significant role in the Partnership’s internal control over financial reporting.Date: November 11, 2005   /s/ JOHN KALLAS John Kallas  Vice President and  Chief Financial Officer of CCC
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           5,510
<INT-BEARING-DEPOSITS>                             107
<FED-FUNDS-SOLD>                                 4,025
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     40,477
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        121,110
<ALLOWANCE>                                      1,507
<TOTAL-ASSETS>                                 178,798
<DEPOSITS>                                     163,119
<SHORT-TERM>                                       800
<LIABILITIES-OTHER>                              1,228
<LONG-TERM>                                      1,477
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,686
<OTHER-SE>                                       9,488
<TOTAL-LIABILITIES-AND-EQUITY>                 178,798
<INTEREST-LOAN>                                  8,756
<INTEREST-INVEST>                                1,854
<INTEREST-OTHER>                                   162
<INTEREST-TOTAL>                                10,772
<INTEREST-DEPOSIT>                               4,726
<INTEREST-EXPENSE>                               4,875
<INTEREST-INCOME-NET>                            5,897
<LOAN-LOSSES>                                      250
<SECURITIES-GAINS>                                   5
<EXPENSE-OTHER>                                  4,376
<INCOME-PRETAX>                                  2,567
<INCOME-PRE-EXTRAORDINARY>                       2,367
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,684
<EPS-PRIMARY>                                     1.79
<EPS-DILUTED>                                     1.79
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                          0
<LOANS-PAST>                                       385
<LOANS-TROUBLED>                                   380
<LOANS-PROBLEM>                                  1,840
<ALLOWANCE-OPEN>                                 1,246
<CHARGE-OFFS>                                       64
<RECOVERIES>                                        75
<ALLOWANCE-CLOSE>                                1,507
<ALLOWANCE-DOMESTIC>                             1,507
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Exhibit 32.2

CERTIFICATE PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Paul R. Flanders, Chief Financial Officer of Carrols Corporation (the
Company), hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Companys Annual Report on Form 10-K for the period ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Annual
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 Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                   
|-----------------------------------------------------------------------------------
|                                                                                   
|/s/ PAUL R. FLANDERS                                                               
|Paul R. Flanders Vice-President Chief Financial Officer and Treasurer June 30, 2006
COURT OF APPEALS OF VIRGINIA Present: Judges Coleman, Willis and Bray Argued at Norfolk, Virginia

GEORGE FREDERICK DELANEY

v. Record No. 0594-94-1 MEMORANDUM OPINION * BY JUDGE RICHARD S. BRAY COMMONWEALTH OF VIRGINIA JULY 5, 1995

FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH Edward W. Hanson, Jr., Judge Theresa B. Berry (Samford & Berry, on brief), for appellant. Robert B. Beasley, Jr., Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

George Frederick Delaney (defendant) was convicted by jury on an indictment which charged concealment, third offense, a felony pursuant to Code § 18.2-104. Defendant contends on appeal that the indictment was not a proper vehicle to initiate and sustain the felony prosecution and, therefore, the court erroneously admitted evidence of prior convictions for "like offenses," elements of the felony. We disagree and affirm the conviction. The indictment in issue alleged unlawful concealment of "goods or merchandise . . . [after] having previously been convicted at least twice within the Commonwealth . . . of like offenses," a felony in violation of former Code § 18.2-104(b). The former statute further provided that the predicate convictions indispensable to the felony must be specified "in the warrant or information ." Id. (emphasis added). Because the instant offense

* Pursuant to Code § 17-116.010 this opinion is not designated for publication.- 2 - was charged by indictment , defendant argues that the Commonwealth "did not commence prosecution" for the felony in accordance with the statute. Defendant, therefore, reasons that he was before the court only "on a charge of misdemeanor concealment," and the prior convictions were irrelevant and inadmissible with respect to that

offense. 1 Rule 3A:9 provides, in pertinent part, that [d]efenses and objections based on defects in the institution of the prosecution or in the written charge upon which the accused is to be tried . . . must be raised by motion made . . . at least 7 days before the day fixed for trial . . . . Failure to present any such defense or objection . . . shall constitute a waiver thereof.

Id. (b),(c) (emphasis added). Defendant's challenge to the efficacy of the indictment clearly constitutes a "defense[]" or "objection[] based on [a] defect[] in the institution of the prosecution" of the instant offense. Rule 3A:9(b). However, defendant did not raise this issue until the day of trial, thereby waiving "such defense or objection." Id. Accordingly, we affirm the conviction.

Affirmed

.

1 Former Code § 18.2-104 was subsequently amended to expressly reference "warrant, indictment or information." Code § 18.2-104.
State Name County Name Commodity Change Date Market 1 Differential 1 Market 2 Differential 2

Alaska Fairbanks BRL 5/2/2011 PNW 0.24

Alaska Fairbanks CAN 11/15/2007 VEL -3.41

Alaska Fairbanks HRS 11/15/2007 PNW -0.50

Alaska Fairbanks OAT 11/15/2007 PNW 0.25

Alaska Fairbanks SUN 11/15/2007 FAR -3.41

Alaska Fairbanks YC 11/15/2007 PNW 2.88

Alaska Delta BRL 5/2/2011 PNW 0.24

Alaska Delta CAN 11/15/2007 VEL -3.41

Alaska Delta HRS 11/15/2007 PNW -0.50

Alaska Delta OAT 11/15/2007 PNW 0.25

Alaska Delta SUN 11/15/2007 FAR -3.41

Alaska Delta YC 11/15/2007 PNW 2.88

Alaska Homer BRL 5/2/2011 PNW 0.24

Alaska Homer CAN 11/15/2007 VEL -3.41

Alaska Homer HRS 11/15/2007 PNW -0.50

Alaska Homer OAT 11/15/2007 PNW 0.25

Alaska Homer SUN 11/15/2007 FAR -3.41

Alaska Homer YC 11/15/2007 PNW 4.88

Alaska Palmer BRL 5/2/2011 PNW 0.24

Alaska Palmer CAN 11/15/2007 VEL -3.41

Alaska Palmer HRS 11/15/2007 PNW -0.50

Alaska Palmer OAT 11/15/2007 PNW 0.25

Alaska Palmer SUN 11/15/2007 FAR -3.41

Alaska Palmer YC 11/15/2007 PNW 1.88
<PAGE>

                                                                   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 American HomePatient, Inc. (the
"Company") on Form 10-Q for the period ended March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Marilyn O'Hara, Chief Financial Officer 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 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.

This Certification is executed as of May 14, 2003.




                                            /s/ Marilyn O'Hara
                                            ------------------------------------
                                            Marilyn O'Hara
                                            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 32.2



CERTIFICATION PURSUANT TO 18 U.S.C. (S) 1350



(ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)



In connection with the periodic report of Dynegy Inc. (the Company) on Form
10-Q/A for the period ended June 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Nick J. Caruso, Executive Vice President and Chief Financial Officer of the Company, hereby certify as of
the date hereof, solely for the purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my 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, and



(2) the information contained in the Report
fairly presents, in all material respects, the financial condition and results of operations of the Company at the dates and for the periods indicated.



|                       |  |     |  |                                                                    
|---------------------- |  | --- |  | -------------------------------------------------------------------
|Date: January 19, 2005 |  | By: |  | /s/    NICK J.
CARUSO                                              
|                       |  |     |  | Nick J. Caruso Executive Vice President and Chief Financial Officer



A signed original of this written
statement required by Section 906 has been provided to Dynegy Inc. and will be retained by Dynegy Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
# C_2016202EN.01008701.xml

| 7.6.2016 | EN | Official Journal of the European Union | C 202/87 |
| --- | --- | --- | --- |

7.6.2016

EN

Official Journal of the European Union

C 202/87

---

Article 98

(ex Article 78 TEC)

(ex Article 78 TEC)

The provisions of this Title shall not form an obstacle to the application of measures taken in the Federal Republic of Germany to the extent that such measures are required in order to compensate for the economic disadvantages caused by the division of Germany to the economy of certain areas of the Federal Republic affected by that division. Five years after the entry into force of the Treaty of Lisbon, the Council, acting on a proposal from the Commission, may adopt a decision repealing this Article.

---
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 AFG Investment Trust C (the Trust), on Form 10-QSB for the period ended March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, the Principal Executive Officer of the Trusts Managing Trustee, hereby certifies pursuant to 18 U.S.C. §1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:
 
 (1)  the Report of the Trust filed today 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 Trust.
 
 /s/ Gary D. Engle
 Gary D. Engle
 President of AFG ASIT Corporation,
 the Managing Trustee of the Trust
 (Principal Executive Officer)
 May 14, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS OF MARCH 31, 1998 AND THE RELATED CONSOLIDATED
STATEMENTS OF OPERATIONS FOR THE THREE MONTHS IN THE PERIOD ENDED MARCH 31, 1998
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           8,048
<SECURITIES>                                    10,806
<RECEIVABLES>                                   10,612
<ALLOWANCES>                                     1,686
<INVENTORY>                                          0
<CURRENT-ASSETS>                                30,526
<PP&E>                                           6,933
<DEPRECIATION>                                   4,725
<TOTAL-ASSETS>                                  32,973
<CURRENT-LIABILITIES>                            8,990
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<PREFERRED-MANDATORY>                                0
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<COMMON>                                        39,415
<OTHER-SE>                                    (15,552)
<TOTAL-LIABILITY-AND-EQUITY>                    32,973
<SALES>                                          5,047
<TOTAL-REVENUES>                                 5,047
<CGS>                                              545
<TOTAL-COSTS>                                    1,466
<OTHER-EXPENSES>                                 5,826
<LOSS-PROVISION>                                   146
<INTEREST-EXPENSE>                               (311)
<INCOME-PRETAX>                                (2,097)
<INCOME-TAX>                                        17
<INCOME-CONTINUING>                            (2,114)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,114)
<EPS-PRIMARY>                                    (.22)
<EPS-DILUTED>                                    (.22)
        

</TABLE>