alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit31.2**

 

CERTIFICATION

 

I,Thomas F. Wolfe, Senior Vice President and Chief Financial Officer of AffinityGroup, Inc., certify that:

 

1.             I have reviewed this annual report on Form 10-K ofAffinity Group, Inc.;

2.             Based on my knowledge, this annual report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this annual report;

3.             Based on my knowledge, the financial statements, andother financial information included in this annual report, fairly present inall material respects the financial condition, results of operations and cashflows of the registrant as of, and for, the periods presented in this annualreport;

4.             Theregistrant’s other certifying officers and I are responsible for establishingand maintaining disclosure controls and procedures, as defined in Exchange ActRules 13a-15(e) and 15d-15(e) for the registrant, and we have:

(a)     designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this annual report is being prepared;

(b)     evaluatedthe effectiveness of the registrant’s disclosure controls and presented in thisannual report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this reportbased on such evaluation; and

(c)     disclosedin this annual report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and

5.             Theregistrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent function):

(a)     allsignificant deficiencies in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial data;and

(b)     anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal controls over financialreporting.

 

 
| Date: March 4, 2005 |   | /s/ Thomas F. Wolfe                               |
|---------------------|--------|---------------------------------------------------|
|                |   | Thomas F. Wolfe                                   |
|                |   | Senior Vice President and Chief Financial Officer |
Exhibit 32.2



Certification of President and Chief Operating Officer



Pursuant to



Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)



In connection with the Quarterly Report on Form 10-Q for the quarter ended June, 2003 (the Report) of
MCG Capital Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Steven F. Tunney, the President and Chief Operating Officer of the Registrant, hereby certify, to the
best of my knowledge, that:



(1) The 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 Report fairly presents, in all material respects, the financial condition and results of operations of the
Registrant.



/s/ Steven F. TunneyName: Steven F. Tunney Date: August 7, 2003




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 MCG Capital Corporation for purposes of Section 18 of
the Securities Exchange Act of 1934. A signed original of this written statement required by Section 906 has been provided to MCG Capital Corporation and will be retained by MCG Capital Corporation and furnished to the Securities and Exchange
Commission or its staff upon request.
EXHIBIT 15.1 

 

The Board of Directors 

Education Management Corporation and Subsidiaries 

 

We have reviewed the accompanying condensed consolidated balance sheet of Education Management Corporation and Subsidiaries as of December 31, 2003, and the related condensed consolidated statements of income for thethree-month and six-month periods ended December 31, 2003 and 2002, and the condensed consolidated statements of cash flows for the six-month periods ended December 31, 2003 and 2002. These financial statements are the responsibility of theCompany’s management. 

 

We conducted our reviews inaccordance with standards established by the American Institute of Certified Public Accountants. A review of interim financial information consists principally of applying analytical procedures to financial data, and making inquiries of personsresponsible for financial and accounting matters. It is substantially less in scope than an audit conducted in accordance with auditing standards generally accepted in the United States, which will be performed for the full year with the objectiveof expressing an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. 

 

Based on our reviews, we are not aware of any material modifications that should be made to the accompanying condensed consolidated financial statementsreferred to above for them to be in conformity with accounting principles generally accepted in the United States. 

 

We have previously audited, in accordance with auditing standards generally accepted in the United States, the consolidated balance sheet of EducationManagement Corporation and Subsidiaries as of June 30, 2003, and the related consolidated statements of income, shareholders’ investment, and cash flows for the year then ended not presented herein and in our report dated August 1, 2003, weexpressed an unqualified opinion on those consolidated financial statements and included an explanatory paragraph for the adoption of Statement of Financial Accounting Standards No. 142, *Goodwill and Other Intangible Assets*. In our opinion,the information set forth in the accompanying condensed consolidated balance sheet as of June 30, 2003, is fairly stated, in all material respects, in relation to the consolidated balance sheet from which it has been derived. 

 

/s/  Ernst & Young LLP 

 

Pittsburgh, Pennsylvania 

February 12, 2004
Exhibit 32.2





Certification of CFO 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 report of Wild Oats Markets, Inc. (the
"Company") on Form 10-K for the period ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof Robert B. Dimond hereby certifies,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:



| | (1) | The report fully complies
    with the requirements of Section 13(a) 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/ Robert B. Dimond                          | 
|--------------------------------------------- | 
|Robert B. Dimond                              | 
|February 28, 2006
    Chief Financial Officer | 







This certification accompanies this report pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes
of Section 18 of the Securities Exchange Act of 1934, as amended or otherwise subject to
liability pursuant to that section. The certification shall not be deemed to be
incorporated by reference into any filing under the Securities Act or the Exchange Act,
except to the extent that the Company specifically incorporates it by reference.



A signed original of this written statement required by Section 906 has
been provided to Wild Oats Markets, Inc. and will be retained by Wild Oats Markets, Inc.
and furnished to the Securities and Exchange Commission or its staff upon request.
CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

We consent to the incorporation by reference in the Registration Statement (Form
S-3 No. 333-14561)  of QPQ  Corporation  and  Subsidiaries  of our report  dated
March  27,  1997,  with  respect  to  the  consolidated   financial   statements
incorporated  by  reference  in this Annual  Report  (Form 10- KSB) for the year
ended December 31, 1996






                                             MOORE STEPHENS LOVELACE, P.L.

Orlando, Florida
April 1, 1997



<PAGE>



CONSENT OF INDEPENDENT ACCOUNTANT



We consent to the  incorporation by reference in the  registration  statement of
QPQ Corporation on Form S-3 (File No.  333-14561) of our report,  which includes
an  explanatory  paragraph  relating to the  Company's  ability to continue as a
going concern as described in Note 2 to the consolidated  financial  statements,
dated March 29, 1996, an our audits of the consolidated  financial statements of
QPQ Corporation as of and for the year ended December 31, 1995,  which report is
included in the Company's 1996 Annual Report on Form 10-KSB.



Coopers & Lybrand L,L,P.

Miami, Florida
March 31, 1997
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SUKHVINDER SINGH PELIA,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 07-71612

Agency No. A096-133-339

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 15, 2011** 

Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

Sukhvinder Singh Pelia, a native and citizen of India, petitions for review of

a Board of Immigration Appeals’ order dismissing his appeal from an immigration

judge’s (“IJ”) decision denying his application for asylum, withholding of removal,

and relief under the Convention Against Torture (“CAT”). We have jurisdiction

FILED

FEB 24 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 07-71612

under 8 U.S.C. § 1252. We review for substantial evidence factual findings. 

Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). We deny the petition for

review.

Substantial evidence supports the agency’s adverse credibility determination

based on the testimony of Boota Singh Basi that the application he prepared for

Pelia contained a fabricated claim of persecution and based on the IJ’s observations

of Pelia’s demeanor. See Fernandes v. Holder, 619 F.3d 1069, 1075 (9th Cir.

2010) (Basi was not a biased witness because he was under no obligation to

cooperate); Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir. 1999) (special

deference given to IJ’s demeanor finding). We reject Pelia’s contention that the IJ

failed to analyze the credibility and reliability of the affidavits and letters he

submitted in support of his application. See Kin v. Holder, 595 F.3d 1050, 1058

(9th Cir. 2010) (it is appropriate for an IJ to examine conflicting evidence and

determine the truth); Almaghzar v. Gonzales, 457 F.3d 915, 921-22 (9th Cir. 2006)

(the IJ does not need to comment specifically on all the evidence). In the absence

of credible testimony, Pelia’s asylum and withholding of removal claims fail. See

Farah, 348 F.3d at 1156.
3 07-71612

Because Pelia’s CAT claim is based on the testimony the agency found not

credible, and he points to no evidence showing it is more likely than not he will be

tortured if returned to India, his CAT claim also fails. See id. at 1156-57. 

PETITION FOR REVIEW DENIED.
# CERTIFICATE OF AIRCREW QUALIFICATION : TYPE AFM 60·1 MAJOR COMMAND OTHER 

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#### In the Matter of Arcata Graphics Company et al., Appellants, v New York State Division of Human Rights et al., Respondents.

— Judgment unanimously affirmed with costs. Memorandum: Petitioners appeal from a judgment that dismissed their CPLR article 78 petition seeking to annul a determination of respondent State Division of Human Rights dismissing the Human Rights complaint of respondent Ross for "administrative convenience”. In challenging the Division’s determination, petitioners contend that it violates Executive Law § 297 and 9 NYCRR 465.5 and that it is arbitrary and capricious and an abuse of discretion.

We conclude that the Division’s determination was neither illegal nor an abuse of discretion. The statute, rather than prohibiting an administrative convenience dismissal, expressly authorizes it *(see,*Executive Law § 297 [3] [c]; [9]). Thus, our inquiry is limited to whether the administrative convenience dismissal was "purely arbitrary” *(Matter of Pan Am. World Airways v New York State Human Rights Appeal Bd.,*61 NY2d 542, 547). As has been noted by the courts, an administrative convenience dismissal is not arbitrary when it advances the Division’s interest in conserving its scarce re*664sources and in alleviating its overwhelming caseload in circumstances, such as those present in this case, in which the complainant has the resources to file a complaint in Federal court *(Columbian Rope Co. v New York State Div. of Human Rights,*174 AD2d 1033; *Eastman Chem. Prods. v New York State Div. of Human Rights,*162 AD2d 157, 158-159; *New York Tel. Co. v New York State Div. of Human Rights,*148 Misc 2d 765, 770; *see,*Executive Law § 297 [3] [c]; 9 NYCRR 465.5 [d]). Because the Division’s determination accords with the statute and regulations and is not "purely arbitrary”, it must be upheld. (Appeal from Judgment of Supreme Court, Erie County, Rath, J. — Executive Law § 298.) Present — Den-man, J. P., Boomer, Balio, Lawton and Davis, JJ.
**EXHIBIT
      23.1**











CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We
      consent to the incorporation by reference in the Registration Statement (Form
      S-8 No. 33-81214) pertaining to the Employee Stock Ownership Plan and Trust
      of
      Tandy Leather Factory, Inc. and the Registration Statement (Form S-8 No.
      333-07147) pertaining to the 1995 Stock Option Plan of Tandy Leather Factory,
      Inc. of our report dated March 26, 2007, with respect to the consolidated
      financial statements of Tandy Leather Factory, Inc. included in the Annual
      Report (Form 10-K) for the year ended December 31, 2006.




















WEAVER
      AND TIDWELL, L.L.P.





Fort
      Worth, Texas


March
      26,
      2007
<PAGE>
                                                                    EXHIBIT 31.1



I, Richard J. Pershing, certify that:

     1. I have reviewed this quarterly report on Form 10-Q, as amended, of
Mirant Americas Generation, LLC;

     2. Based on my knowledge, this amended quarterly 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 amended quarterly report; and

     3. Based on my knowledge, the financial statements, and other financial
information included in this amended quarterly 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 amended
quarterly report.

                                          By:    /s/ RICHARD J. PERSHING
                                            ------------------------------------
                                                    Richard J. Pershing
                                               President and Chief Executive
                                                           Officer
                                               (Principal Executive Officer)

Date: August 27, 2003
This memorandum opinion was not selected for pub lication in the New Mexico Reports. Please 1 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 2 Please also note that this electronic memorandum opinion may contain computer-generated 3 errors or other deviations from the official paper version filed by the Court of Appeals and does 4 not include the filing date. 5 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 6 STATE OF NEW MEXICO, 7
Plaintiff-Appellee, 8 v. NO. 31,109 9 CHANCE BENTRY ROBERTS, 10 Defendant-Appellant. 11
APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY 12 Mike Murphy, District Court Judge 13
Gary K. King, Attorney General 14 Andrew S. Montgomery, Assistant Attorney General 15 Santa Fe, NM 16 for Appellee 17 Jacqueline Cooper, Acting Chief Public Defender 18 Will O’Connell, Assistan t Appellate Defender 19 Santa Fe, NM 20 Robert E. Tangora LLC 21 Robert E. Tangora 22 Santa Fe, NM 23 for Appellant 242 MEMORANDUM OPINION 1 VIGIL, Judge. 2 Defendant appeals the district court’s exparte order of unsatisfactory discharge 3 from probation. In our notice, we proposedto reverse and remand for issuance of an 4 order of satisfactory discharge. In response, the State and Defendant have filed a joint 5 motion to adopt the proposed disposition withthe modification that instead of remand 6 for issuance of an order of satisfactory di scharge, the remand should be for dismissal 7 of the charge. 8 We agree that the appropriate remedy in this case is dismissal pursuant to 9 NMSA 1978, Section 31-20-9 (1963). This s ection applies to deferred sentences and 10 their expiration. Thus, “[w]henever the period of deferment expires, the defendant is 11 relieved of any obligations imposed on him by the order of the c ourt and has satisfied 12 his criminal liability for the crime, [and] the court shall enter a dismissal of the 13 criminal charges.” 14 Here, based on the reasoning in the cale ndar notice, the period of deferment 15 expired without entry of an order imposing sentence. Therefore, Defendant is entitled 163 to have the charges against him dismissed. This case is reversed and remanded for 1 entry of an order of dismissal of the charges. 2 IT IS SO ORDERED

. 3

_______________________________ 4 MICHAEL E. VIGIL, Judge 5 WE CONCUR: 6

_________________________________ 7 JAMES J. WECHSLER, Judge 8

_________________________________ 9 TIMOTHY L. GARCIA, Judge 10
### THE THIRTEENTH COURT OF APPEALS

13

- 12

- 00230

- CR

CORINA LAM LOPEZ

v. THE STATE OF TEXAS
On Appeal from the 105th District Court of Kleberg County , Texas Trial Cause No. 10

- CRF

- 0374

- 2

- S1

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered thi s cause on appeal, concludes that the judgment of the trial court should be AFFIRMED . The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. November 26, 2013