alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local 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this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________ No. 95-60599 Summary Calendar

_______________________

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

versus
ROBERT A. CARTER, SR.,
Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Southern District of Mississippi

_________________________________________________________________ July 24, 1996
Before JOLLY, JONES, and STEWART, Circuit Judges.

PER CURIAM: *

Robert A. Carter, Sr., appeals his conviction of
conversion of government property. He contends that the district
court erred by denying his motion for a judgment of acquittal and
by imposing restitution in the amount of the insurance proceeds he

converted.

The deed of trust gave the Veterans Administration (V.A.)

control over the disposition of Carter’s insurance pr oceeds; the

second deed of trust with Southern Federal did not diminish the2

V.A.’s control. The V.A. attempted to exercise its control by
electing to apply the proceeds to Carter’s indebtedness. The V.A.

c ontemplated and manifested control of the proceeds. S ee United

States v. Evans , 572 F.2d 455, 472 (5 th Cir.), c ert. denied , 439

U.S. 870 (1978). Carter’s challenge to the sufficiency of the
evidence to support his conviction thus is unconvincing.

The property at issue in Carter’s case was the insurance
proceeds of $33,259.50; the district court imposed restitution in

that amount. The foreclosure and subsequent sale of the insured

real estate, while not necessarily irrelevant to restitution, were

found by the trial court not to have been adequately proved in the

PSR. The court was entitled to conclude also that the real estate

and the mortgages related to it were not the properties forming the

basis of Carter’s conviction. Carter converted $33,259.50 in funds
rightfully belonging to the V.A. to his own use. The V.A. lost at

least that amount. Carter’s argument for a net restitution amount

of $8,795.50 make no sense. The restitution portion of Carter’s

sentence was not an abuse of discretion. United States v. Reese , 998 F.2d 1275, 1282 (5th Cir. 1993).

AFFIRMED
18460

#### State v. Sydney

Affirmed
Exhibit 32.4

SECTION 1350 CERTIFICATION
OF PRINCIPAL FINANCIAL OFFICER OFUNION ELECTRIC COMPANY(required by Section 906 of the
Sarbanes-Oxley Act of 2002)

In connection with the report on Form
10-K for the fiscal year ended December 31, 2003 of Union Electric Company (the
Company) as filed with the Securities and Exchange Commission on the date
hereof (the Form 10-K), I, Warner L. Baxter, chief financial officer of
the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to
§906 of the Sarbanes-Oxley Act of 2002, that:

(1)    The Form
10-K 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 Form 10-K fairly presents, in all material
          respects, the financial condition and results of operations of the Company.

Dated: March 9, 2004

| |  | /s/ Warner L. Baxter
Warner L. BaxterExecutive Vice President andChief Financial Officer(Principal Financial Officer)
| |  | -----------------------------------------------------------------------------------------------------------------------------------
# C_2012326EN.01033701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

DECLARATIONS

DECLARATIONS

ANNEXED TO THE FINAL ACT OF THE INTERGOVERNMENTAL CONFERENCE WHICH ADOPTED THE TREATY OF LISBON,

ANNEXED TO THE FINAL ACT OF THE INTERGOVERNMENTAL CONFERENCE WHICH ADOPTED THE TREATY OF LISBON

signed on 13 December 2007

A.   DECLARATIONS CONCERNING PROVISIONS OF THE TREATIES

DECLARATIONS CONCERNING PROVISIONS OF THE TREATIES

16.   Declaration on Article 55(2) of the Treaty on European Union

Declaration on Article 55(2) of the Treaty on European Union

The Conference considers that the possibility of producing translations of the Treaties in the languages mentioned in Article 55(2) contributes to fulfilling the objective of respecting the Union's rich cultural and linguistic diversity as set forth in the fourth subparagraph of Article 3(3). In this context, the Conference confirms the attachment of the Union to the cultural diversity of Europe and the special attention it will continue to pay to these and other languages.

The Conference recommends that those Member States wishing to avail themselves of the possibility recognised in Article 55(2) communicate to the Council, within six months from the date of the signature of the Treaty of Lisbon, the language or languages into which translations of the Treaties will be made.

---
EXHIBIT 32.1 CERTIFICATION OF PRESIDENT (CHIEF EXECUTIVE OFFICER) AND CHIEF
FINANCIAL OFFICER

         CERTIFICATION OF PRESIDENT (CHIEF EXECUTIVE OFFICER) AND CHIEF
              FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, the President and Chief Operating Officer (COO) and the
Principal Financial Officer (CFO) of SecureCare Technologies, Inc. (the
"Company") each hereby certifies that to his knowledge on the date hereof: (1)
The Annual Report on Form 10-KSB of the Company, for the year ended December 31,
2003, filed on the date hereof with the Securities and Exchange Commission (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.

                      Dated:  April 26, 2004    By: /s/ ROBERT WOODROW
                                                    ----------------------------
                                                    Robert Woodrow,
                                                    President and Chief
                                                    Operating Officer


                      Dated:  April 26, 2004    By: /s/ Neil Burley
                                                    ----------------------------
                                                    Neil Burley,
                                                    Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUL-31-2000
<PERIOD-START>                             FEB-01-2000
<PERIOD-END>                               APR-30-2000
<CASH>                                           1,145
<SECURITIES>                                         0
<RECEIVABLES>                                    3,772
<ALLOWANCES>                                       315
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 4,673
<PP&E>                                           5,040
<DEPRECIATION>                                   4,880
<TOTAL-ASSETS>                                  19,606
<CURRENT-LIABILITIES>                            7,358
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             6
<OTHER-SE>                                      10,083
<TOTAL-LIABILITY-AND-EQUITY>                    19,606
<SALES>                                         10,640
<TOTAL-REVENUES>                                10,640
<CGS>                                            2,629
<TOTAL-COSTS>                                   12,056
<OTHER-EXPENSES>                                     6
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 438
<INCOME-PRETAX>                                (4,489)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (4,489)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,489)
<EPS-BASIC>                                      (.76)
<EPS-DILUTED>                                    (.76)


</TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

In re: JACQUIE CHANDLER,

 Debtor,

JACQUIE CHANDLER,

 Appellant,

 v.

DEUTSCHE BANK NATIONAL TRUST

COMPANY,

 Appellee.

No. 14-60036

BAP No. 14-1014

MEMORANDUM*

Appeal from the Ninth Circuit

Bankruptcy Appellate Panel

Kirscher, Jury, and Taylor, Bankruptcy Judges, Presiding

Submitted May 9, 2016** 

San Francisco, California

Before: WARDLAW, PAEZ, and BEA, Circuit Judges.

FILED

JUN 27 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Jacquie Chandler, a Chapter 11 debtor, appeals the Bankruptcy Appellate

Panel’s (“BAP”) order awarding attorney’s fees to Deutsche Bank National Trust

Co. (“Deutsche”) and denying her motion for reconsideration. We have

jurisdiction under 28 U.S.C. § 158(d)(1). We affirm.

1. The BAP did not abuse its discretion in awarding Deutsche attorney’s

fees and costs under Federal Rule of Bankruptcy Procedure 8020(a). Rule 8020(a)

provides: “[i]f the district court or BAP determines that an appeal is frivolous, it

may, after a separately filed motion or notice from the court and reasonable

opportunity to respond, award just damages and single or double costs to the

appellee.” Fed. R. Bankr. P. 8020(a). “An appeal is frivolous if the results are

obvious, or the arguments of error are wholly without merit.” George v. City of

Morro Bay (In re George), 322 F.3d 586, 591 (9th Cir. 2003) (order) (per curiam)

(quotation marks omitted). Chandler had no legitimate basis to assert a claim to

the property at issue during her Chapter 11 proceedings after multiple courts had

determined that the foreclosure sale of this property was proper. As a result, the

bankruptcy court was plainly correct to find that Chandler’s claim regarding the

validity of the foreclosure sale was “barred by res judicata” and to grant Deutsche

relief from an automatic stay of its proceedings against Chandler. Chandler’s

arguments to the BIA were “wholly without merit” and therefore frivolous. Id.

-2-
2. Chandler waived the issue whether the BAP’s award of attorney’s fees

and costs was excessive by failing to raise it with the BAP. “Absent exceptional

circumstances, issues not raised before the BAP are waived.” Burnett v. Resurgent

Capital Servs. (In re Burnett), 435 F.3d 971, 975–76 (9th Cir. 2006). Chandler has

not identified any exceptional circumstances that justify her failure to challenge the

amount of fees and costs awarded to Deutsche. Therefore, Chandler has waived

this issue.

AFFIRMED.

-3-
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FOURTEENTH COURT OF APPEALS 

INFORMATION SHEET BY COURT REPORTERS 

You are expected to file the reporter’s record by the original due date. See Tex. R. App. P.35. If 

a reporter determines that the due date may not be met, please advise the Clerk of the Court of 

Appeals immediately in writing, stating the reason and the due date by which the record will be 

filed. Generally speaking, for good cause shown, the Court will grant no more than two 

extensions from the original record due date, each extension not to exceed 30 days in regular 

appeals and 10 days in accelerated appeals for a total period not to exceed 60 days in regular 

appeals and 20 days in accelerated appeals.

 

Appellate Case Number: Trial Court Case Number: 

(1) Is there a Reporter's Record? Y N

(2) Are you the only court reporter involved in this appeal? Y N

If not, please provide the names and addresses of all other court

reporters below.

(3) Has the appellant requested that the reporter’s record be prepared or 

has the trial court ordered that the record be prepared?

 Y N

(4) Please select from the following options:

 A. The appellant has paid for the record.

 B. The appellant has made arrangements to pay for the record

 C. The appellant is appealing as indigent.

 D. The appellant has not paid or made arrangements to pay for the

 record and is not appealing as indigent.

(5) Extension (fill out if extension is required for any reason other than payment)

I was unable to file the record in this appeal by ________. I expect the record 

in this appeal to be approximately _______ pages. The record covers 

_______days of testimony. I believe that I can file the record by _________. I 

ask that the court grant an extension until that time for filing the record.

Additional Comments: ___________________________________________

Court Reporter's Signature, Full Address, Email Address and Telephone Number: 

_______________________________________________________________________ 

_______________________________________________________________________

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 4/6/2015 6:38:21 AM CHRISTOPHER A. PRINE Clerk
##### 



Exhibit 13 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 Securities and Exchange Commission
450 Fifth Street, N.W
Washington, D.C. 20549 Ladies and Gentlemen: The certification set forth below is being submitted in connection with the Annual Report of
Canon Inc. on Form 20-F for the year ended December 31, 2004 (the Report) for the purpose of
complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the
Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code. Fujio Mitarai, President and Chief Executive Officer of Canon Inc. and Toshizo Tanaka, Senior
Managing Director, Group Executive of Finance and Accounting Headquarters of Canon Inc., each
certifies that, to the best of his knowledge:  1.

the Report fully complies with the requirements of Section 13(a) or 15(d) of
the Exchange Act; and2.

the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of Canon Inc. and its
subsidiaries.  Name: /s/ Fujio Mitarai
Fujio Mitarai
President and Chief Executive Officer
June 13, 2005  Name: /s/ Toshizo Tanaka
Toshizo Tanaka
Senior Managing Director,
Group Executive of Finance
and Accounting Headquarters
June 13, 2005
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# L_2004277EN.01001401.xml

| 26.8.2004 | EN | Official Journal of the European Union | L 277/14 |
| --- | --- | --- | --- |

26.8.2004

EN

Official Journal of the European Union

L 277/14

---

DECISION OF THE EEA JOINT COMMITTEE

No 47/2004

of 23 April 2004

amending Annex XX (Environment) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

| (1) | Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 160/2003 of 7 November 2003 (1). |
| --- | --- |

(1)

Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 160/2003 of 7 November 2003 (1).

| (2) | Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane (2) is to be incorporated into the Agreement, |
| --- | --- |

(2)

Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 21aa (Regulation (EC) No 2037/2000 of the European Parliament and of the Council) of Annex XX to the Agreement:

| ‘— | 32003 R 1804: Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 (OJ L 265, 16.10.2003, p. 1).’ |
| --- | --- |

‘—

32003 R 1804: Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 (OJ L 265, 16.10.2003, p. 1).’

Article 2

The texts of Regulation (EC) No 1804/2003 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 24 April 2004, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 23 April 2004.

For the EEA Joint Committee

The President

P. WESTERLUND

---

(1)  
  OJ L 41, 12.2.2004, p. 58.

1

(2)  
  OJ L 265, 16.10.2003, p. 1.

2

(*1)  No constitutional requirements indicated.

*1

---
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    HomeExplore the Capitol CampusThe Art Collection
Annapolis, 1783
        
                  The Basics
      
Artist
      
Allyn Cox

Materials
    Oil on Canvas

Year
    1974

Location
      
U.S. Capitol Building
          Cox Corridors

The next congressional meeting place was the State House in Annapolis, Maryland. It was here that George Washington resigned his commission as commander in chief of the Continental Army.

About the Cox Corridors Murals

The first floor of the U.S. Capitol's House wing is elaborately decorated with wall and ceiling murals by artist Allyn Cox. Cox first executed the murals in the eastern north-south corridor, starting work in 1973 and finishing in 1974. This corridor has been termed the Hall of Capitols because it features paintings of 16 different buildings that housed the Continental and United States Congresses from 1754 to 1865. Serve. Preserve. Inspire.

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