alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
 
                                                                      EXHIBIT 12
 
                        LORAL SPACE & COMMUNICATIONS LTD
 
               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                         (In thousands, except ratios)
                                  (Unaudited)
 
<TABLE>
<CAPTION>
                                                                     SIX MONTHS ENDED JUNE 30,
                                                              ---------------------------------------
                                                                     1998                 1997
                                                              ------------------   ------------------
<S>                                                           <C>                  <C>
Earnings:
  Income (loss) before income taxes, minority interest and
     equity in net loss of affiliates.......................       $(23,371)            $ 22,596
  Plus:
       Interest expense.....................................         43,499               24,478
       Interest component of rent expense(1)................          2,127                1,870
  Less capitalized interest.................................         20,222                9,867
                                                                   --------             --------
Earnings available to cover fixed charges...................       $  2,033             $ 39,917
                                                                   ========             ========
Fixed charges(2)............................................       $ 78,926             $ 33,269
                                                                   ========             ========
Deficiency of earnings to cover fixed charges...............       $ 76,893
                                                                   ========
Ratio of earnings to fixed charges..........................                                 1.2x
                                                                                        --------
                                                                                        --------
</TABLE>
 
---------------
 
(1) The interest component of rent expense is deemed to be approximately 25% of
    total rent expense.
 
(2) Fixed charges include preferred dividends as adjusted for the Company's
    effective tax rate.
S. Con. Res. 22 Agreed to December 19, 1995

One Hundred Fourth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the fourth day of January, one thousand nine hundred and ninety-five

Concurrent Resolution

Whereas there was international concern expressed at the Rio Conference of 1992 about conservation of the seas;

Whereas 1998 has been declared the ‘‘International Year of the

Ocean’’ by the United Nations in an effort to alert the world

to the need for improving the physical and cultural assets offered

by the world’s oceans;

Whereas the theme of Expo ’98 is ‘‘The Oceans, a Heritage for

the Future’’;

Whereas Expo ’98 has a fundamental aim of alerting political,

economic, and public opinion to the growing importance of the

world’s oceans;

Whereas Portugal has established a vast network of relationships

through ocean exploration;

Whereas Portugal’s history is rich with examples of the courage

and exploits of Portuguese explorers;

Whereas Portugal and the United States have a relationship based

on mutual respect, and a sharing of interests and ideals, particularly the deeply held commitment to democratic values;

Whereas today over 2,000,000 Americans can trace their ancestry

to Portugal; and

Whereas the United States and Portugal agreed in the 1995 Agreement on Cooperation and Defense that in 1998 the 2 countries

would consider and develop appropriate means of commemorating

the upcoming quincentennial anniversary of the historic voyage

of discovery by Vasco da Gama: Now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the United States should fully participate in Expo
S. Con. Res. 22—2

’98 in Lisbon, Portugal, and encourage the private sector to support

this worthwhile undertaking.

Attest:

Secretary of the Senate.

Attest:

Clerk of the House of Representatives.
Exhibit 34.17



LOGO



LOGO

Report of Independent Registered Public Accounting Firm

To the Board of Directors

Pentalpha Surveillance, LLC

We have examined managements assertion, included in the accompanying Managements Report on Assessment of 2014 Compliance with Applicable
Regulation AB Servicing Criteria (Managements Assertion), that Pentalpha Surveillance, LLC (the Company) complied with the servicing criteria set forth in Item 1122(d) of the Securities and Exchange Commissions (SEC) Regulation AB for
services by the Company that are encompassed by contractual obligations to perform Regulation AB reporting (the Platform), including only those asset-backed securities transactions defined below, as of and for the year ended December 31, 2014,
excluding the following criteria set forth in Items 1122(d)(1)(i-iv), 1122(d)(2)(i-vii), 1122(d)(3)(ii-iv), 1122(d)(4)(i-vi) and 1122(d)(4)(viii-xv), which management has determined are not applicable to the activities performed by the Company with
respect to the Platform covered by this report. The Appendix B to managements assertion identifies the individual asset-backed transactions defined by management as constituting the Platform. Management is responsible for the Companys
compliance with the applicable servicing criteria. Our responsibility is to express an opinion on managements assertion about the Companys compliance with the applicable servicing criteria based on our examination.

Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants, as adopted by
the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Companys compliance with the applicable servicing criteria, including tests on a sample basis of the
servicing activities related to the Platform, determining whether the Company performed those activities in compliance with the servicing criteria during the specified period and performing such other procedures as we considered necessary in the
circumstances. Our procedures were limited to selected servicing activities performed by the Company during the period covered by this report and, accordingly, such samples may not have included servicing activities related to each asset-backed
transaction in the Platform. Further, an examination is not designed to detect noncompliance arising from errors that may have occurred prior to the period specified above that may have affected the balances or amounts calculated or reported by the
Company during the period covered by this report. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Companys compliance with the servicing criteria.

In our opinion, managements assertion that Pentalpha Surveillance, LLC complied with the aforementioned applicable servicing criteria as of and for the
year ended December 31, 2014 for the Platform is fairly stated, in all material respects.

/s/ McGladrey LLP

Irvine, California

March 4, 2015
**EXHIBIT32.2**

 

**CERTIFICATIONOF CHIEF FINANCIAL OFFICER**

**PURSUANTTO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

(18 U.S.C. 1350)

 

The undersigned, Sterling H. McDonald, Vice-Presidentand Chief Financial Officer of Evolution Petroleum Corporation (the “Company”),certifies in connection with the filing with the Securities and ExchangeCommission of the Company’s Quarterly Report on Form 10-Q for the quarterended December 31, 2008 (the “Report”) pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, tohis knowledge, that:

 

1. The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

2. The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

IN WITNESS WHEREOF, the undersigned has executed thiscertification as of the 17th day of February, 2009.

 
|   | /s/ STERLING H. MCDONALD                   |
|--------|--------------------------------------------|
|   | Sterling H. McDonald                       |
|   | Vice-President and Chief Financial Officer |

 

A signed original of this written statement requiredby Section 906 has been provided to Evolution Petroleum Corporation andwill be retained by Evolution Petroleum Corporation and furnished to theSecurities and Exchange Commission or its staff upon request.  The foregoing certificate is being furnishedto the Securities and Exchange Commission as an exhibit to this Form 10-Qand shall not be considered filed as part of the Form 10-Q.

----
III

104TH CONGRESS

1ST SESSION S. RES. 203

To authorize testimony by Senate employee and representation by Senate

Legal Counsel.

IN THE SENATE OF THE UNITED STATES

DECEMBER 22, 1995

Mr. DOLE (for himself and Mr. DASCHLE) submitted the following resolution;

which was considered and agreed to

RESOLUTION

To authorize testimony by Senate employee and

representation by Senate Legal Counsel.

Whereas, in the case of Sheila Cherry v. Richard Cherry,

Case No. FM–18145–91, pending in the New Jersey Superior Court, a subpoena duces tecum for testimony at a

deposition and for the production of documents has been

issued to William Ayala, an employee of Senator Frank

Lautenberg;

Whereas, by the privileges of the Senate of the United States

and rule XI of the Standing Rules of the Senate, no evidence under the control or in the possession of the Senate may, by the judicial process, be taken from such control or possession but by permission of the Senate;

Whereas when it appears that evidence under the control or

in the possession of the Senate may promote the adminis-
2

SRES 203 ATS

tration of justice, the Senate will take such action as will

promote the ends of justice consistently with the privileges of the Senate; and

Whereas pursuant to sections 703(a) and 704(a)(2) of the

Ethics in Government Act of 1978 (2 U.S.C. §§ 288b(a)

and 288c(a)(2) (1994)), the Senate may direct its counsel to represent committees, Members, officers, and employees of the Senate with respect to subpoenas or orders

issued to them in their official capacity: Now, therefore,

be it

1 Resolved, That William Ayala is authorized to testify

2 in the case of Cherry v. Cherry, except concerning matters

3 for which a privilege or an objection should be asserted.

4 SEC. 2. That the Senate Legal Counsel is directed

5 to represent William Ayala and Senator Lautenberg’s of6 fice in connection with the subpoena issued in this case.

Æ
##### 



EXHIBIT 32
 CERTIFICATIONS PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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, as of, and for the periods
presented in the Report.
 /s/ Charles D. Johnston

Charles D. JohnstonPresident & Chief Executive OfficerAugust 13, 2007
  (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, as of, and for the periods
presented in the Report.
 /s/ Anthony A. Scalese

Anthony A. ScaleseChief Financial Officer & Principal Accounting OfficerAugust 13, 2007
 A signed original of these written statements required by section 906 have been provided to
QualMark Corporation and will be retained by QualMark Corporation and furnished to the Securities
and Exchange Commission or its staff upon request.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-50162

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

LAMONT E. KEITH,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:98-CR-81-1

Before JOLLY, ELROD, and GRAVES, Circuit Judges.

PER CURIAM:*

Lamont E. Keith, federal prisoner # 86855-080, was convicted by a jury in

1999 of possession of cocaine base (crack) with intent to distribute and was

sentenced to the statutory minimum of 20 years in prison. Keith now seeks

leave to proceed in forma pauperis (IFP) on appeal to challenge the denial of his

motion for a reduction of sentence pursuant to 18 U.S.C. § 3582(c). By so

moving, Keith challenges the district court’s certification that his appeal was not

United States Court of Appeals

Fifth Circuit

F I L E D

September 10, 2012

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 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 5TH CIR.

R. 47.5.4.

Case: 12-50162 Document: 00511980610 Page: 1 Date Filed: 09/10/2012
No. 12-50162

taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th Cir.

1997). 

Keith contends that the provisions of the Fair Sentencing Act (FSA), which

amended the amounts of crack needed to trigger statutory minimum sentences,

should apply to him, and that the limitations set forth in U.S.S.G. § 1B1.10 on

a district court’s ability to grant a reduction effectively render the Sentencing

Guidelines mandatory. Keith’s arguments fail. The district court lacked

authority to reduce his sentence below the statutory minimum sentence of 20

years. See United States v. Carter, 595 F.3d 575, 578-81 (5th Cir. 2010). His

argument that he is entitled to a reduction in light of the FSA is without merit. 

Cf. Dorsey v. United States, 132 S. Ct. 2321, 2335-36 (2012) (“[I]n federal

sentencing the ordinary practice is to apply new penalties to defendants not yet

sentenced.”). Keith’s challenge to the limitations set forth in U.S.S.G. § 1B1.10

in light of United States v. Booker, 543 U.S. 220 (2005), is also meritless. See

Dillon v. United States, 130 S. Ct. 2683, 2693 (2010). 

Keith has failed to demonstrate a nonfrivolous issue for appeal. 

Accordingly, his motion for leave to proceed IFP is denied, and the appeal is

dismissed as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th Cir.

1997); 5TH CIR. R. 42.2.

IFP MOTION DENIED; APPEAL DISMISSED.

2

Case: 12-50162 Document: 00511980610 Page: 2 Date Filed: 09/10/2012
SERVED: June 13,2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

BRADLEY L. GOOD 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2013- 0043 

HEARING NOTICE 

• ..., r, C· ') 2 l ! 1-\ •. -' 

NOTICE IS HEREBY GIVEN that testimony and evidence will be heard and considered 

on 1330 hours October 2 through October 4, 2013, inclusive, in the U.S. Department 

of Labor Courtroom, Suite 5150, the Glenn M. Anderson Federal Building, 501 

West Ocean Boulevard, Long Beach, CA. 90802. Hearings will commence at 9:00 · 

a.m. and conclude at 4:30p.m. each day. 

Settled cases will not be removed from·the docket until the Judge receives the 

proper pleading(s). Pleadings may be forwarded by fax, express mail, courier or 

postal service. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

Michael Shannon, Respondent's Counsel 

301 E. Colorado, Suite 320 

Pasadena, CA 91101 

Bradley Lawrence Good, Respondent 

385 E. Green St, #2611 

Pasadena, CA 91101 

TEL: 818-726-2101 

EMAIL: bgood@ourgroup.org 

Lierre Green, Complainant's Counsel 

ONE COPY 

Attorney, Office ofthe Regional Counsel (AWP-7.6) 

Western Region 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009 

TEL: 310-725-7117 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-J 10) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant 

FAX: 202-366-7536 

FDMS No. FAA-2013-0043 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S;W., Wilbur Wright Building-Suite 2WIOOO, Washington, 

DC 20591, Attention: Hearing Docket Clerk, AGC-430. 

2
Exhibit 10.9


Consent of Independent Public Accountants

We hereby consent to the use in this Annual Report on Form 20-F of Companhia
Vale do Rio Doce of our report dated January 25, 2002, relating to the
Financial Statements of Navegacao Vale do Rio Doce S A. - DOCENAVE for the
years ended December 31, 2001, 2000 and 1999, which is included in such Annual
Report.


/s/ Deloitte Touche Tohmatsu

Deloitte Touche Tohmatsu
Rio de Janeiro, Brazil, June 27, 2002
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                                (18 U.S.C. 1350)

The undersigned, Robert S. Herlin, President and Chief Executive Officer of
Natural Gas Systems, Inc. (the "Company"), certifies in connection with the
filing with the Securities and Exchange Commission of the Company's Quarterly
Report on Form 10-QSB for the quarter ended March 31, 2005 (the "Report")")
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes Oxley Act of 2002, to his knowledge, 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 as of
and for the periods covered in the Report.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
16th day of May, 2005.



                                       /s/ Robert S. Herlin
                                       --------------------------
                                       Robert S. Herlin
                                       Chief Executive Officer


A signed original of this written statement required by Section 906 has been
provided to Natural Gas Systems, Inc. and will be retained by Natural Gas
Systems, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request. The foregoing certificate is being furnished to the
Securities and Exchange Commission as an exhibit to this Form 10QSB and shall
not be considered filed as part of the Form 10QSB.
#### Anthony Quentin KELLY, Plaintiff-Appellant, v. Warden Frank B. BISHOP, Jr.; Sergeant Charles B. Bielanski; Correctional Officer Kathy F. Troutman; Correctional Officer Jerry L. Gibbner; Correctional Officer Thomas J. Ryan; *154State of Maryland; John Doe #1, Plumbing Worker; John Doe #2, Plumbing Worker, Defendants-Appellees.

No. 17-6868

United States Court of Appeals, Fourth Circuit.

Submitted: January 30, 2018

Decided: February 1, 2018

Anthony Quentin Kelly, Appellant Pro Se. Stephanie Judith Lane-Weber, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appel-lees.

Before MOTZ and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Anthony Quentin Kelly appeals the district court’s orders granting summary judgment to Defendants and denying Kelly’s motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Kelly v. Bishop,*No. 1:16-cv-03668-RDB (D. Md. June 9 *&*27, 2017). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED*
#### UNITED STATES of America, Plaintiff-Appellee v. Junior Jose HERRERA, Defendant-Appellant

No. 17-10336 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed February 1, 2018

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

Kevin Joel Page, Federal Public Defender’s Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant

Before KING, ELROD, and HIGGINSON, Circuit Judges.

PER CURIAM: *

Junior Jose Herrera pleaded guilty to possession with intent to distribute mari*242juana, and the district court sentenced him to 60 months of imprisonment and three years of supervised release. Herrera now argues that the district court plainly erred under the Fifth and Sixth Amendments by imposing a sentence based on factual findings that were not supported by proof beyond a reasonable doubt. He concedes that his argument is foreclosed under current circuit law, but he raises the claim solely to preserve it for further review.

The Government has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time to file a brief on the merits. Summary affirmance is proper where, among other instances, “the position of one of the parties is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case.” *Groendyke Transp., Inc. v. Davis,*406 F.2d 1158, 1162 (5th Cir. 1969). Because Herrera’s arguments are foreclosed by *United States v. Tuma,*738 F.3d 681 (5th Cir. 2013), the Government’s motion for summary affirmance is GRANTED, and the judgment is AFFIRMED. The alternative motion for an extension of time to file a brief on the merits is DENIED as unnecessary.

*

 Pursuant to 5th Cir, R. 47.5, the court has determined that this opinion should not be *242published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
1517 W EST F RONT S TREET  S UITE 354  TYLER , TX 75702  T EL : 903-593-8471  FAX : 903-593-2193 Serving Anderson, Angelina, Cherokee, Gregg, Henderson, Houston, Nacogdoches, Rains, Rusk, Sabine, San Augustine, Shelby, Smith, Trinity, Upshur, Van Zandt and Wood Counties www.12thcoa.courts.state.tx.us C HIEF J USTICE J AMES T. W ORTHEN J USTICES B RIAN H OYLE G REG N EELEY 

# TWELFTH 

# C OURT OF 

# A PPEALS C LERK C ATHY S. L USK C HIEF S TAFF A TTORNEY M ARGARET H USSEY 

## February 3, 2015 Ms. Lois Rogers District Clerk, Smith County Courthouse, Suite 204 100 North Broadway Avenue Tyler, TX 75702-7201 * DELIVERED VIA E-MAIL * RE: Case Number: 12-14-00326-CR Trial Court Case Number: 114-0588-12 Style: Wesley Saunders v. The State of Texas Pursuant to Rule 18.1 of the Texas Rules of Appellate Procedure, enclosed herewith is the Mandate issued in the above cause. When the District or County Clerk has executed the Mandate in accordance with the opinion of this Court, the Clerk is requested to fill in the information below and to return the attached copy to this office. Very truly yours, CATHY S. LUSK, CLERK By:_____________________________ Katrina McClenny, Chief Deputy Clerk C C : Wesley Saunders Mr. Michael J. West (DELIVERED VIA E-MAIL) Mandate executed on 4th day of ___FEBRUARY____, 2015. Brief explanation of action taken: ___ SCANNED ___________________________________________

_______________LINDA RHYMES ___________________________________District/County Clerk