alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                   EXHIBIT 11(b)

                 ROADMASTER INDUSTRIES, INC. AND SUBSIDIARIES
                STATEMENT OF COMPUTATION OF PER SHARE EARNINGS
       FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1995 AND OCTOBER 1, 1994
                    (IN THOUSANDS, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>
                                                                               NINE MONTHS ENDED
                                                                       SEPTEMBER 30,         OCTOBER 1,
                                                                            1995                 1994
                                                                            ----                 ----
 <S>                                                                     <C>                   <C>
 Primary:
   Weighted average common shares outstanding during period               48,946                28,148

   Common shares issuable if all warrants had been converted
      at the date of issuance                                                  -                 2,533
                                                                         -------               -------

   Average common shares outstanding for primary calculation              48,946                30,681
                                                                         =======               =======

 Fully Diluted:
   Weighted average common shares outstanding during period               48,946                28,148
   Net common shares issuable on exercise of warrants                          -                 2,533
                                                                         -------               -------

   Average common shares outstanding for fully diluted calculation        48,946                30,681
                                                                         =======               =======


 Net earnings                                                            $(9,259)              $ 4,830
                                                                         =======               =======

 Primary earnings per share:
   Net earnings                                                          $ (0.19)              $  0.16
                                                                         =======               =======

 Fully diluted earnings per share:
  Net earnings                                                           $ (0.19)              $  0.16
                                                                         =======               =======
</TABLE>



                                       14
Exhibit 31.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER



I, James A. Bowman, certify that:



1. I have reviewed this quarter report on Form 10-Q of National Housing Trust Limited Partnership;



2. Based on my knowledge, this 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 report;



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



4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:



(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under
our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this annual report is being
prepared;



(b) Evaluated the effectiveness of the
registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



5. The registrants other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):



(a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant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 have a significant role in the registrants internal control over financial reporting.



|                     |  |    |  |                                           
|-------------------- |  | -- |  | ------------------------------------------
|Date August 23, 2004 |  | By |  | /s/ James A. Bowman                       
|                     |  |    |  | James A. Bowman,                          
|                     |  |    |  | President and Chief Executive Officer     
|                     |  |    |  | NHT, Inc., General Partner for            
|                     |  |    |  | National Housing Trust Limited Partnership
<PAGE>   1


EXHIBIT 11


COMPUTATION OF NET EARNINGS AND SHARES
USED IN ARRIVING AT NET EARNINGS PER SHARE
THREE AND SIX MONTHS ENDED DECEMBER 31, 1996
--------------------------------------------


<TABLE>
<CAPTION>
                                                         Primary and Fully Diluted
                                                         -------------------------

                                                     Three Months Ended    Six Months Ended
                                                     December 31, 1996    December 31, 1996
                                                     ------------------   ------------------
<S>                                                  <C>                           <C>
 Earnings:
 ---------

 Net earnings                                                  $956,677            2,009,539

 Less:  Dividends on preferred stock                               --                   --
                                                     ------------------   ------------------

 Net earnings applicable to common stock                       $956,677            2,009,539
                                                     ==================   ==================

 Computation of weighted number of 
 shares outstanding:
 ---------------------------------

 Shares outstanding on a diluted basis
                                                              5,455,300            5,455,300
                                                     ==================   ==================
</TABLE>
# Education Innovation and Research

- U.S. Department of Education Announces Grant Opportunities to Address Educator Recruitment, Retention, and Career Advancement Today,  the U.S.
- U.S. Department of Education Announces $182 Million in Education Innovation and Research Grants to Improve Academic Achievement for Underserved Students U.S.
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 Puget Energy, Inc. and Puget Sound Energy,
Inc. (the “Companies”) on Form 10-K for the year ended December 31, 2008 as
filed with the Securities and Exchange Commission on the date hereof (the “Form
10-K”), I, Eric M.
Markell, Executive Vice President and
Chief Financial Officer of the Companies, 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;
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
      Companies.
 
 
 
 Date:  March
      3, 2009/s/Eric M.
      MarkellEric
      M. MarkellExecutive
      Vice President andChief
      Financial
Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6867

JOHN JASPER MORTON,

Petitioner - Appellant,

versus

DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Chief District

Judge. (CA-96-1362-AM)

Submitted: April 29, 1998 Decided: May 13, 1998

Before MURNAGHAN, NIEMEYER, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John Jasper Morton, Appellant Pro Se. Robert H. Anderson, III,

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

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &

Supp. 1997). We have reviewed the record and the district court's

opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning

of the district court. Morton v. Director, Va. Dep't of Corr., No.

CA-96-1362-AM (E.D. Va. May 2, 1997). 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
CERTIFICATION OF CHIEF FINANCIAL OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The  undersigned,  Robert A. Bourne,  the  President and Treasurer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund III, Ltd. (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period  ending  March 31, 2003 (the  "Report").  The
undersigned hereby certifies 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 Partnership.



Date:  May 6, 2003              /s/ Robert A. Bourne
                                Name:  Robert A. Bourne
                                Title:     President and Treasurer

                                A  signed  original  of this  written  statement
                                required by Section 906 has been provided to CNL
                                Income  Fund III,  Ltd.  and will be retained by
                                CNL Income Fund III,  Ltd. and  furnished to the
                                Securities and Exchange  Commission or its staff
                                upon request.
In re Marisa Cristina

BalderasAppellant/s

Fourth Court of Appeals

San Antonio, Texas

January 10, 2014

No. 04-14-00026-CV

IN RE Marisa Cristina BALDERAS

Original Mandamus Proceeding1

ORDER

Sitting: Catherine Stone, Chief Justice

Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

On January 10, 2014, relator Marisa Cristina Balderas filed a petition for writ of mandamus and

an emergency motion for temporary relief. The real party in interest filed a request for time to file a

response to the mandamus petition and motion for temporary relief. This court is of the opinion that a

serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP.

P. 52.8(b). The respondent and the real parties in interest may file a response to the petition for writ

of mandamus in this court no later than 4:00 p.m., Monday, January 13, 2014. Specifically, the

respondent and real parties in interest are requested to address the issue of the district court’s

mandamus jurisdiction. Any such response must conform to Texas Rule of Appellate Procedure 52.4. 

Relator’s request for temporary emergency relief is GRANTED. Any further printing or mailing

of early primary ballots for the March 4, 2014 Democratic Primary by the Bexar County Democratic

Party, its agents, servants, representatives or contractors is temporarily stayed pending final resolution of

the mandamus petition filed in this court.

The real party in interest’s motion for time to respond is GRANTED IN PART. Any response is

to be filed no later than January 13, 2014.

It is so ORDERED on January 10th, 2014. PER CURIAM

ATTESTED TO: _____________________________

Keith E. Hottle

Clerk of Court

1 This proceeding arises out of Cause No. 2013-CI-20486, styled In re Brenda Levenstein, pending in the 285th

Judicial District Court, Bexar County, Texas, the Honorable David Peeples presiding.

FILE COPY
[Federal Register Volume 62, Number 46 (Monday, March 10, 1997)]
[Notices]
[Page 10875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5787]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AZ-910-0777-61-241A]


State of Arizona Resource Advisory Council Meeting

AGENCY: Bureau of Land Management, Interior.

ACTION: Arizona Resource Advisory Council Meeting, notice of meeting 
cancellation.

-----------------------------------------------------------------------

SUMMARY: This notice announces the cancellation of the March 20, 1997 
meeting of the Arizona Resource Advisory Council. The meeting was 
scheduled to begin at 8:30 a.m. in the 1A Conference Room at the Bureau 
of Land Management Arizona State Office, 222 North Central Avenue, 
Phoenix, Arizona. For Further Information Contact: Deborah Stevens or 
Ken Mahoney Bureau of Land Management, Arizona State Office, 222 North 
Central Avenue, Phoenix, Arizona 85004-2203, (602) 417-9512.
Gina Ramos,
Acting Deputy State Director, Resources Division.
[FR Doc. 97-5787 Filed 3-7-97; 8:45 am]
BILLING CODE 4316-32-M
No. 11-10356.

#### Caballero *v.*Tucker, Secretary, Florida Department of Corrections.

C. A. 11th Cir. Certiorari denied.
#### Juan Jose HUARACA-MARTIN, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 16-70636

United States Court of Appeals, Ninth Circuit.

Submitted February 13, 2018 *

Filed February 22, 2018

Nicole R. Derden, Law Office of Nicole R. Derden, Eagle, ID, for Petitioner

Kristin Moresi, Trial Attorney, Jennifer A. Singer, Jennifer Parker Levings, Senior Litigation Counsel, DOJ—U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

*

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

MEMORANDUM **

Juan Jose Huaraca-Martin, a native and citizen of Peru, 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 relief 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. *Nahrvani v. Gonzales,*399 F.3d 1148, 1151 (9th Cir. 2005). We deny the petition for review.

The record does not compel the conclusion that Huaraca-Martin established changed circumstances to excuse his untimely asylum application. *See*8 C.F.R. § 1208.4(a)(4); *Toj-Culpatan v. Holder,*612 F.3d 1088, 1091-92 (9th Cir. 2010). The agency did not err in its analysis of whether Huaraca-Martin demonstrated changed or extraordinary circumstances. *See Carrillo-Gonzalez v. INS,*353 F.3d 1077, 1079 (9th Cir. 2003) (attorney’s arguments are not evidence).

Substantial evidence supports the agency’s conclusion that Huaraca-Martin did not establish past persecution from the *571Shining Path. *See Nahrvani,*399 F.3d at 1154 (record did not compel the conclusion that petitioner’s past harm constituted persecution). Substantial evidence also supports the agency’s conclusion that Huara-ca-Martin failed to establish it is more likely than not he will be persecuted if returned to Peru. *See Mansour v. Ashcroft,*390 F.3d 667, 673 (9th Cir. 2004) (record did not demonstrate that petitioner had an objectively reasonable fear of future persecution). Thus, Huaraea-Martin’s withholding of removal claim fails.

Finally, substantial evidence supports the agency’s denial of CAT relief because Huaraca-Martin failed to establish it is more likely than not he will be tortured with the consent or acquiescence of the government of Peru. *See Aden v. Holder,*589 F.3d 1040, 1047 (2009); *Wakkary v. Holder,*558 F.3d 1049, 1067-68 (9th Cir. 2009) (no likelihood of torture).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
No. 11-10440.

#### Durr *v.*Tucker, Secretary, Florida Department of Corrections, et al.

C. A. 11th Cir. Certio-rari denied.
Submitted March 29;

portion of judgment requiring defendant to pay attorney fees reversed, otherwise affirmed May 3, 2017

#### STATE OF OREGON, *Plaintiff-Respondent, v.*MICHAEL BERNARD LYTSELL, *Defendant-Appellant.*

Columbia County Circuit Court

121098; A157532

393 P3d 746

Ernest G. Lannet, Chief Defender, Criminál Appellate Section, and Stephanie J. Hortsch, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Susan G. Howe, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Egan, Judge, and Lagesen, Judge.

*337PER CURIAM

In this criminal appeal, defendant’s first assignment of error challenges the trial court’s imposition of a firearm-minimum sentence on Count 3. We reject that assignment of error without written discussion. In a second assignment of error, defendant challenges the court’s imposition of $16,640 in court-appointed attorney fees. He asserts that the court committed plain error because the record was silent as to whether he “is or may be able to pay” the costs of his defense. *See*ORS 151.505(3) (“The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs.”); ORS 161.665(4) (“The court may not sentence a defendant to pay costs under this section unless the defendant is or may be able to pay them.”); *see also*ORAP 5.45(1) (authorizing appellate court to “consider a plain error”). The state concedes that the trial court committed plain error by imposing attorney fees when the record was silent as to defendant’s ability to pay them.

We accept the state’s concession that the trial court plainly erred in imposing attorney fees of $16,640. *See State v. Coverstone,*260 Or App 714, 716, 320 P3d 670 (2014) (holding that a trial court commits plain error by imposing court-appointed attorney fees where the record is silent as to the defendant’s ability to pay the fees ordered). Further, we conclude that, for reasons similar to those expressed in *State v. Ramirez-Hernandez,*264 Or App 346, 349, 332 P3d 338 (2014) (exercising discretion to correct erroneous imposition of $400 in court-appointed attorney fees because the amount was “substantial” in light of the defendant’s circumstances), it is appropriate to exercise our discretion to correct the error.

Portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.
**MEMORANDUM**

DATE: October 22 , 2012 TO: RI CE NESHAP Docket, EPA
- HQ
- OAR
- 2008
- 0708 FROM: Melanie King, EPA OAQPS/SPPD/ESG SUBJECT: October 11 , 2012 Meeting Regarding Proposed Amendments to the RI CE

NESHAP
**SUMMARY** A meeting was held between the EPA and the attendees listed below on October 11 , 2012 to discuss the comments submitted by EnerNOC on the proposed amendments to the National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines
. The amendments were proposed on June 7, 2012. **ATTENDEES** Gina McCarth y, EPA Steve Fruh, EPA Joe Goffman , EPA Stacy Angel, EPA Joel Beauvais, EPA Rich Counihan, EnerNOC Lora Strine, EPA David Brewster, EnerNOC Peter Tsirigotis, EPA Don DiCristifaro, Blue Sky Environmental Melanie King, EPA
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21

- 7523

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. NOAH BILLIE, a/k/a Red , Defendant

- Appellant

.

Appeal from the United States District Court for the District of South Carolina , at Columbia

. Joseph F. Anderson, Jr., Senior District Judge. ( 3:17

- cr - 00246

- JFA

- 2 )

Submitted : February 17, 2022 Decided: February 23, 2022

Before AGEE and RUSHING , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.

Noah Billie , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-7523 Doc: 6 Filed: 02/23/2022 Pg: 1 of 22 PER CURIAM: Noah Billie appeals from the district court’s order denying his motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018, Pub. L. No. 115

- 391, § 603(b)(1), 132 Stat. 5194, 5239. We review a district court’s denial of a compassionate rel ease motion for abuse of discretion. United States v.
Kibble , 992 F.3d 326, 329 (4th Cir.), cert. denied , 142 S. Ct. 383 (2021). We have
reviewed the record in this case and discern no abuse of discretion. Accordingly, we affirm
the district court’s ord er. 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 USCA4 Appeal: 21-7523 Doc: 6 Filed: 02/23/2022 Pg: 2 of 2
#### UNITED STATES of America, Plaintiff-Appellee v. Ivan MILLAN-BIBIANO, Defendant-Appellant

No. 17-40659 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed March 2, 2018

Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee

Ivan Millan-Bibiano, Pro Se

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Ivan Millan-Bibiano has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir. 2011). Mil-lan-Bibiano has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous *403issue. for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 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.
# EAVS_Section_F