alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 11 - Computation of Earnings Per Share

      Earnings Per Share (EPS), presented below is the calculation of basic and
diluted EPS for the Company for the three months ended March 31, 1999 and 1998.

                                                 1999                   1998
                                               ---------             ---------
Net Income                                    $4,209,559            $3,687,453
Less: minority interest                            1,856                 1,856
                                              ----------            ----------
Net income available to 
common shareholders                           $4,207,703            $3,685,597

Weighted average shares 
outstanding                                    9,707,152             9,678,634

Plus: effect of stock options 
as dilutive securities                            90,689               206,331
                                              ----------            ----------
Adjusted weighted average shares              
assuming dilution                              9,797,841             9,884,965

EPS - Basic                                   $     0.43            $      .38
EPS - Diluted                                 $     0.43            $      .37
================================================================================

                                       16
Exhibit
23








CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM







We hereby
consent to the incorporation by reference in the Registration Statements on Form
S-3 (No. 333-87329) and Form S-8 (No. 333-82085, No. 333-82083, No. 333-87313,
No. 333-61634, No. 333-61636, No. 333-122490 and No. 333-128382) of Pennsylvania
Commerce Bancorp, Inc. of our reports dated March 7, 2008, relating to the
consolidated financial statements, and Pennsylvania Commerce Bancorp, Inc.’s
internal control over financial reporting, which appear in the Annual Report to
Shareholders, which is incorporated by reference in this Annual Report on Form
10-K.

















/s/ Beard
Miller Company LLP





Harrisburg,
Pennsylvania


March 13,
2008
Exhibit
      32.2








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 Capital Corp of the West (the "Company")
        on Form 10-Q for the quarter ended March 31, 2007 as filed with the Securities
        and Exchange Commission on the date hereof (the "Report"), I, David A.
        Heaberlin, Chief Financial Officer of the Company, 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) The
        information contained in the Report fairly presents, in all material respects,
        the financial condition and results of operations of the
        Company.

















Date:
                May 9, 2007
            By:/s/
                David A. HeaberlinDavid
                A. HeaberlinChief
                Financial Officer
**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 Annual Report of MDU Communications International, Inc.
        (the
“Company”) on Form 10-KSB for the fiscal year ended September 30, 2005, as filed
        with the Securities and Exchange Commission on December 22, 2005 (the “Report”),
        I, Sheldon Nelson, Chief Executive Officer and Chief Financial Officer of
        the
        Company, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant
        to § 906 of the Sarbanes-Oxley Act of 2002, that, to 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.
 
 
 /s/  SHELDON
                  NELSONSheldon
                  Nelson*Chief
                  Executive Officer and*
                *Chief
                  Financial Officer*MDU
                  Communications International, Inc.December
                  22, 2005Totowa,
                  New Jersey
 
 
 A
        signed
        original of this written statement required by Section 906 has been provided
        to
        and will be retained by MDU Communications International, Inc. and furnished
        to
        the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-2000
<PERIOD-START>                             AUG-01-1999
<PERIOD-END>                               JUL-31-2000
<CASH>                                      57,874,228
<SECURITIES>                               191,420,022
<RECEIVABLES>                               11,725,506
<ALLOWANCES>                                         0
<INVENTORY>                                  3,216,783
<CURRENT-ASSETS>                           156,022,936
<PP&E>                                      68,922,441
<DEPRECIATION>                             (9,055,287)
<TOTAL-ASSETS>                             411,728,433
<CURRENT-LIABILITIES>                       49,650,957
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       216,051
<OTHER-SE>                                 331,670,495
<TOTAL-LIABILITY-AND-EQUITY>               411,728,433
<SALES>                                              0
<TOTAL-REVENUES>                            72,401,190
<CGS>                                       40,986,793
<TOTAL-COSTS>                              200,913,883
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             354,379
<INCOME-PRETAX>                          (118,334,005)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                      (118,334,005)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                             (118,334,005)
<EPS-BASIC>                                     (2.29)
<EPS-DILUTED>                                   (2.29)


</TABLE>
#### OPEN PARKING, LLC, Plaintiff-Appellant v. PARKME, INC., Defendant-Appellee

2016-2370

United States Court of Appeals, Federal Circuit.

April 6, 2017

Stanley M. Stein, Stanley M. Stein, PC, Pittsburgh, PA, argued for plaintiff-appellant.

Ryan J. McBrayer, Perkins Coie, LLP, Seattle, WA, argued for defendant-appel-lee. Also represented by Stevan R. Stark, Jr. Jonathan Lee Mcfarland.

(Moore, Clevenger, and Chen, Circuit Judges).

JUDGMENT

Per Curiam

This Cause having been heard and considered, it is Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-4854

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GREGORY CARLOS HOPKINS,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Robert C. Chambers, District

Judge. (CR-00-75)

Submitted: April 30, 2001 Decided: May 16, 2001

Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mary Lou Newberger, Acting Federal Public Defender, Brian J.

Kornbrath, Assistant Federal Public Defender, Charleston, West

Virginia, for Appellant. Rebecca A. Betts, United States Attorney,

John L. File, Assistant United States Attorney, Charleston, West

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Gregory Carlos Hopkins appeals the sentence imposed on his

conviction after a jury trial for threatening a federal informant

in violation of 18 U.S.C.A. § 1513(b)(2) (West 2000). Specifically, Hopkins disputes the district court’s application of an eightlevel increase under USSG § 2J1.2(b)(1) for threatening to cause

physical injury in order to obstruct the administration of justice.

After a thorough review of the briefs, presentence report, and

transcripts before this court, we conclude that the district court

committed no error in applying § 2J.2(b)(1). See United States v.

Weston, 960 F.2d 212, 218 (1st Cir. 1992); see also United States

v. Cunningham, 54 F.3d 295, 302 (7th Cir. 1995). Hopkins’ claim to

this effect is without merit.

Accordingly, we affirm Hopkins’ conviction and sentence. We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
Exhibit 32.2

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 annual report of Panolam Industries International, Inc. (the "Company") on Form 10-K ,
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Vincent S. Miceli, Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:



Dated:
March 31, 2009

/s/ VINCENT S. MICELI Vincent S. Miceli Vice President and Chief Financial Officer
(Principal Financial and Accounting Officer)


---



QuickLinks
EXHIBIT 32.2
                                                                    ------------

                            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 Annual Report of Vitalstate, Inc. (the "Company") on
Form 10-KSB for the year ended December 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, James Klein, Chief
Financial Officer of the Company, 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)  The information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.

     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.

/s/ James Klein
---------------------------
Name:  James Klein
Title: Chief Financial Officer
Date:  March 29, 2004
#### UNITED STATES of America, Plaintiff-Appellee v. Charles BOGGS, also known as “Nasty”, Defendant-Appellant

No. 16-11504 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed July 17, 2017

Brian W. McKay, Esq., Assistant U.S. Attorney, James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee

Terri Moore, Law Offices of Terri Moore, Fort Worth, TX, for Defendant-Appellant

Before KING, DENNIS, and COSTA, Circuit Judges.

PER CURIAM: *

Charles Boggs appeals the 240-month sentence imposed for his conviction for *356conspiracy to possess with intent to. distribute a controlled substance. First, he contends that the district court clearly erred in imposing the U.S.S.G. § 2Dl.l(b)(l) enhancement for possession of a dangerous weapon. The district court had a reliable basis on which to plausibly find a spatial and temporal connection between Boggs’s firearm possession and drug-trafficking activity. *See United States v. Zuniga,*720 F.3d 587, 590 (5th Cir. 2013); *United States v. Marquez,*685 F.3d 501, 507 (5th Cir. 2012). Accordingly, the district court did not clearly err in finding that he possessed a dangerous weapon. *See United States v. King,*773 F.3d 48, 52 (5th Cir. 2014).

Next, Boggs contends that the district court clearly erred in imposing the U.S.S.G. § 3C1.1 enhancement for obstruction of justice. “We may affirm an enhancement on any ground supported by the record.” *United States v. Garcia-Gonzalez,*714 F.3d 306, 314 (5th Cir. 2013). The district court’s findings that Boggs solicited and submitted a false letter from a codefendant to try to reduce his sentence plausibly supported its ultimate conclusion that he obstructed justice. *See United States v. Juarez-Duarte,*513 F.3d 204, 208 (5th Cir. 2008); § 3C1.1, comment. (n.4(F)). Accordingly, the district court did not clearly err in finding that Boggs obstructed justice. *See Juarez-Duarte,*513 F.3d at 208.

Lastly, Boggs contends that the district court’s denial of the U.S.S.G. § 3E1.1 reduction for acceptance of responsibility was without foundation. The district court’s finding that Boggs falsely denied that he possessed a firearm was not without foundation given the statements of his coconspirators. *See Juarez-Duarte,*513 F.3d at 211. Accordingly, the district court’s denial of the reduction for acceptance of responsibility was not without foundation because Boggs falsely denied relevant conduct. *See id.;*,§ 3E1.1, comment. (n.l(A)).

The judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir, R; 47.5, the court has determined that this opinion should not be *356published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
#### Jarnail SINGH, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 14-73657

United States Court of Appeals, Ninth Circuit.

Submitted September 26, 2017 *

OCTOBER 2, 2017

Inna Lipkin, Esquire, Counsel, Law Offices of Inna Lipkin, Redwood City, CA, for Petitioner.

Lynda Do, Janette L. Allen, Esquire, Trial, OIL, U.S. Department of Justice, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Jarnail Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. *Shrestha v. Holder,*590 F.3d 1034, 1039-40 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the inconsistencies between Singh’s testimony and several affidavits in the record. *See id.*(inconsistency between testimony and other record evidence is an appropriate factor to consider in a credibility determination). The agency did not err in its assessment of the affidavits which were re-submitted with alterations. *See Garcia v. Holder,*749 F.3d 785, 791 (9th Cir. 2014) (petitioner’s documentary evidence was insufficient to rehabilitate credibility or independently support claim). In the absence of credible testimony, in this case, Singh’s asylum and withholding of removal claims fail. *See Farah v. Ashcroft,*348 F.3d 1153, 1156 (9th Cir. 2003).

*449Singh’s CAT claim also fails because it is based on the same testimony the agency found not credible, and Singh does not point to any other evidence in the record that compels the conclusion that it is more likely than not he would be tortured by or with the consent or acquiescence of a public official in India. *See id.*at 1156-57.

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-6017

FERNANDO ARMSTEAD,

Petitioner - Appellant,

versus

GENE JOHNSON, Director of the Virginia

Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. James R. Spencer, Chief

District Judge. (3:06-cv-654-JRS)

Submitted: May 31, 2007 Decided: June 6, 2007

Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Fernando Armstead, Appellant Pro Se. Joshua Mikell Didlake, OFFICE

OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Fernando Armstead seeks to appeal the district court’s

order dismissing as untimely his 28 U.S.C. § 2254 (2000) petition.

The order is not appealable unless a circuit justice or judge

issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)

(2000). A certificate of appealability will not issue absent “a

substantial showing of the denial of a constitutional right.” 28

U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Armstead has

not made the requisite showing. Accordingly, we deny a certificate

of appealability and dismiss the appeal. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process. 

DISMISSED
EXHIBIT 23.1

                   CONSENT OF INDEPENDENT PETROLEUM ENGINEERS

As independent  petroleum  engineers,  we hereby consent to the incorporation by
reference in Registration Statements Nos. 333-114496,  333-121039 and 333-128547
on Form S-3, and Nos.  333-116014,  and  333-122716 on Form S-8 of Gasco Energy,
Inc. (the "Company") of all references to Netherland, Sewell & Associates, Inc.,
independent  petroleum  engineers,  and the reports prepared by such independent
petroleum  engineers  appearing in the Company's  Annual Report on Form 10-K for
the year ended  December  13,  2006,  filed  with the  Securities  and  Exchange
Commission on February 28, 2007.

                                      NETHERLAND, SEWELL & ASSOCIATES, INC.


                                      By:  /s/ Frederic D. Sewell
                                           -------------------------------------
                                           Frederic D. Sewell
                                           Chairman and Chief Executive Officer

Dallas, Texas
February 27, 2007
**Exhibit 32.2**

** **

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002*

 

In connection with theQuarterly Report of Capital Corp of the West (“the Company”) on Form 10-Q forthe period ending June 30, 2003 as filed with Securities and ExchangeCommission on the date hereof (“the Report”), I, Thomas T. Hawker , Presidentand Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that:

 

(1)                                  TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)                                  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| August 12, 2003 |                                      |
|-----------------|-------------------------------------------|
|            |                                      |
|            | /s/ R. Dale McKinney                      |   |
|            | R. Dale McKinney  Chief Financial Officer |

 

A signed original of thiswritten statement required by Section 906, or other document authenticating,acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section906, has been provided to Capital Corp of the West and will be retained byCapital Corp of the West and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----
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

The undersigned, Kenneth A. Shewer, Co-Chief Executive Officer of the Managing Owner, Preferred Investment Solutions
Corp. (the Managing Owner), of Futures Strategic Trust (the Trust), 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 Trusts Quarterly Report on Form 10-Q for the period ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the
Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------



|                          
|--------------------------
|/s/ Kenneth A. Shewer     
|Kenneth A. Shewer         
|Co-Chief Executive Officer
|November 14, 2006