alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 12.2





ARCHSTONE-SMITH OPERATING TRUST


COMPUTATION OF RATIO OF EARNINGS TO COMBINED FIXED CHARGES


AND PREFERRED UNIT DISTRIBUTIONS





(Dollar amounts in thousands)





(Unaudited)





Years Ended December 31,2001

2000(2)

1999(2)

1998(2)

1997(1)(2)Earnings from operations

$
175,397

$
176,466

$
169,339

$
134,571

$
24,686Add:Interest expense


141,907


145,173


121,494


83,350


61,153Earnings as adjusted

$
317,304

$
321,639

$
290,833

$
217,921

$
85,839Combined fixed charges and Preferred Unit distributions:Interest expense

$
141,907

$
145,173

$
121,494

$
83,350

$
61,153Capitalized interest


20,294


24,317


31,912


29,942


17,606Total fixed charges


162,201


169,490


153,406


113,292


78,759Preferred Unit distributions


22,277


25,340


23,733


20,938


19,384Combined fixed charges and Preferred Unit distributions

$
184,478

$
194,830

$
177,139

$
134,230

$
98,143Ratio of earnings to combined fixed charges and Preferred Unit distributions


1.7


1.7


1.6


1.6


0.9


| | (1) |  | Earnings from operations for 1997 includes a one-time, non-cash charge of $71.7 million associated with costs incurred in acquiring Archstones REIT and property
management companies from Security Capital. Accordingly, earnings from operations were insufficient to cover combined fixed charges and Preferred Unit distributions by $12.3 million for the year ended December 31, 1997. Excluding the charge, the
ratio of earnings to combined fixed charges and Preferred Unit distributions for the year ended December 31 1997 would be 1.6.
| | --- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | (2) |  | In October 2001, Archstone was reorganized into an UPREIT structure and was renamed Archstone-Smith Operating Trust. All periods prior to the reorganization have been recast as
if Archstone-Smith Operating Trust were an UPREIT for all periods presented.
| | --- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
No. 11-11133.

#### Whitmore *v.*Hill et al.

C. A. 10th Cir. Certiorari denied.
[Federal Register Volume 62, Number 2 (Friday, January 3, 1997)]
[Notices]
[Page 414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-71]


=======================================================================
-----------------------------------------------------------------------

GENERAL ACCOUNTING OFFICE


Federal Accounting Standards Advisory Board

AGENCY: General Accounting Office.

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to section 10(a)(2) of the Federal Advisory Committee 
Act (Pub. L. 92-463), as amended, notice is hereby given that the 
Federal Accounting Standards Advisory Board will meet on Friday, 
January 17, 1997, from 9:00 A.M. to 4:00 P.M. in room 7C13 of the 
General Accounting Office building, 441 G St., N.W., Washington, D.C.
    The purpose of the meeting is to discuss (1) comments received on 
the Cost of Capital document, (2) social insurance, (3) Interpretation 
follow-up, and (4) future agenda items. Also, three new members will be 
introduced, who will be replacing three retiring members.
    Any interested person may attend the meeting is an observer. Board 
discussions and reviews are open to the public.

FOR FURTHER INFORMATION CONTACT: Wendy Comes, Acting Executive 
Director, 750 First St., N.E., Room 1001, Washington, D.C. 20002, or 
call (202) 512-7350.

    Authority: Federal Advisory Committee Act. Pub. L. No. 92-463, 
Section 10(a)(2), 86 Stat. 770, 774 (1972) (current version at 5 
U.S.C. app. section 10(a)(2) (1988); 41 CFR 101-6.1015 (1990).

    Dated: December 30, 1996.
Wendy M. Comes,
Acting Executive Director.
[FR Doc. 97-71 Filed 1-2-97; 8:45 am]
BILLING CODE 1610-01-M
#### PERSONALIZED MEDIA COMMUNICATIONS, L.L.C., Appellant v. AMAZON.COM, INC., Amazon Web Services, LLC, Appellees

2017-1441

United States Court of Appeals, Federal Circuit.

March 13, 2018

Stephen Schreiner, Goodwin Procter LLP, Washington, DG, argued for appellant. Also represented by William M. Jay, Jennifer A. Albert, Adeel Haroon, Ce Li; David Zimmer, Douglas J. Kline, Boston, MA.

Joseph R. re, Knobbe, Martens, Olson & Bear, LLP, Irvine, CA, argued for appel-lees. Also represented by Jeremy Angus Anapol, Brenton R. Babcock, Joseph S. Cianfrani; Colin B. Heideman, Seattle, WA.

(Lourie, Dyk, and Hughes, Circuit Judges).

JUDGMENT

Per Curiam

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

AFFIRMED. *See*Fed. Cir. R. 36.
# lelexslw.0909a
[Federal Register Volume 62, Number 52 (Tuesday, March 18, 1997)]
[Rules and Regulations]
[Page 12751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6787]


=======================================================================
-----------------------------------------------------------------------

PANAMA CANAL COMMISSION

35 CFR Part 61

RIN 3207-AA35


Health, Sanitation and Communicable Disease Surveillance; 
Correction

AGENCY: Panama Canal Commission.

ACTION: Final rule; correction.

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

SUMMARY: The Panama Canal Commission published in the Federal Register 
of July 11, 1996, a document to eliminate the requirement for 
disinfecting vessels under certain conditions as set out by the World 
Health Organization (WHO).

DATES: March 18, 1997.

FOR FURTHER INFORMATION CONTACT: J. M. Ebernez, Director of 
Admeasurement, Marine Bureau, Panama Canal Commission, telephone in 
Balboa, Republic of Panama, 011/507-272-4567, or Ruth Huff, Assistant 
to the Secretary for Commission Affairs, Office of the Secretary, 
Panama Canal Commission, International Square, 1825 I Street NW, Suite 
1050, Washington, DC 20006-5402, (Telephone: (202) 634-6441).

SUPPLEMENTARY INFORMATION: The Panama Canal Commission published a 
document in the July 11, 1996, Federal Register, (61 FR 36497) section 
Sec. 61.155(e) was incorrect. On page 36497, in the third column, 
paragraph (e) should read as follows:


Sec. 61.155  Vessels; yellow fever.

* * * * *
    (e) The disinfecting required under paragraph (a) of this section 
shall not be required when the index of Aedes aegypti in Panama exceeds 
the 1.0 index level established by the World Health Organization (WHO).

    Dated: March 13, 1997.
John A. Mills,
Secretary, Panama Canal Commission.
[FR Doc. 97-6787 Filed 3-17-97; 8:45 am]
BILLING CODE 3640-04-P
#### UNITED STATES of America, Plaintiff-Appellee, v. Malcolm Omar ROBINSON, Defendant-Appellant.

No. 17-4076

United States Court of Appeals, Fourth Circuit.

Submitted: February 28, 2018

Decided: March 12, 2018

Louis C. Allen, Acting Federal Public Defender, Eric J. Brignac, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Robert J. Higdon, Jr., United States Attorney, Jennifer P. May-Parker, Barbara D. Koch-er, Assistant United States Attorneys, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

*276Before WILKINSON, MOTZ, and KEENAN, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Malcolm Omar Robinson pled guilty to possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) (2012), and possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2012). The district court determined that Robinson was an armed career criminal and sentenced him to 180 months’ imprisonment. We affirm.

Robinson’s status as an armed career criminal is based on three prior North Carolina convictions for breaking or entering under N.C. Gen. Stat. § 14-54(a) (2017).- Robinson contends that North Carolina breaking or entering is not a predicate crime of violence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e) (2012). “We review de novo the question whether a defendant’s prior conviction qualifies as a predicate felony under the ACCA.” *United States v. Winston,*850 F.3d 677, 683 (4th Cir. 2017).

An armed career criminal is, in pertinent part, “a person who violates [18 U.S.C. § 922(g) ] ... and has three previous convictions ... for a violent felony.” 18 U.S.C. § 924(e)(1). “The ACCA defines ‘violent felony’ to include, as relevant here, any offense that ‘is burglary,’” *United States v. Mungro,*754 F.3d 267, 268 (4th Cir. 2014) (quoting 18 U.S.C. § 924(e)(2)(B)(ii)). “Thus, any burglary offense is an ACCA predicate offense.” *Id.*In *Mungro,*the “question presented” was “does North Carolina’s ‘breaking or entering’ offense [under N.C. Gen. Stat. § 14-54(a)] qualify as burglary and, thus, as a predicate offense under the ACCA?” *Id,*Our analysis of the statute and relevant case law convinced us that “N.C. Gen. Stat. § 14-54(a), as interpreted by the North Carolina Supreme Court, sweeps no more broadly than the generic elements of burglary” and “therefore qualifies as an ACCA predicate offense.” *Id.*at 272.

Robinson argues that *Mungro*is not controlling because, in that case, we focused our analysis on the “unlawful entry element” of N.C. Gen. Stat. § 14-54(a) and not on the statute’s definition of the term “building.” We conclude, however, that North Carolina breaking or entering’s “building” element sweeps no more broadly than generic burglary’s “building” element. We therefore affirm the judgment of the district court. 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*
<PAGE>
Exhibit 11

                           CHARTER ONE FINANCIAL, INC.
                        COMPUTATION OF PER SHARE EARNINGS

<TABLE>
<CAPTION>

                                                       THREE MONTHS ENDED                  NINE MONTHS ENDED
                                                 --------------------------------   --------------------------------
                                                    9/30/02          9/30/01           9/30/02          9/30/01
                                                    -------          -------           -------          -------
                                                           (DOLLARS IN THOUSANDS, EXCEPT PER SHARE DATA)

BASIC EARNINGS PER SHARE(1):
<S>                                             <C>              <C>               <C>              <C>
  Net income................................... $       143,562  $       130,433   $       431,942  $       365,635
                                                 ===============  ===============   ===============  ===============
  Weighted average common shares
   outstanding.................................     228,765,954      235,945,178       230,549,330      231,479,675
                                                 ===============  ===============   ===============  ===============
  Basic earnings per share..................... $           .63  $           .55   $          1.87  $          1.58
                                                 ===============  ===============   ===============  ===============

DILUTED EARNINGS PER SHARE(1):
  Net income................................... $       143,562  $       130,433   $       431,942  $       365,635
                                                 ===============  ===============   ===============  ===============
  Weighted average common shares
   outstanding.................................     228,765,954      235,945,178       230,549,330      231,479,675
  Add common stock equivalents for
   shares issuable under stock option plans....       6,849,503        6,163,193         7,104,231        5,892,041
                                                 ---------------  ---------------   ---------------  ---------------
  Weighted average common and common
   equivalent shares outstanding...............     235,615,457      242,108,371       237,653,561      237,371,716
                                                 ===============  ===============   ===============  ===============
  Diluted earnings per share................... $           .61  $           .54   $          1.82  $          1.54
                                                 ===============  ===============   ===============  ===============

</TABLE>

-------------------------
(1)  Restated to reflect the 5% stock dividend issued September 30, 2002.











                                   31
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-28-1998
<PERIOD-END>                               AUG-02-1997
<CASH>                                             244
<SECURITIES>                                         0
<RECEIVABLES>                                    5,968
<ALLOWANCES>                                       222
<INVENTORY>                                     34,113
<CURRENT-ASSETS>                                45,594
<PP&E>                                          28,484
<DEPRECIATION>                                   9,208
<TOTAL-ASSETS>                                  67,981
<CURRENT-LIABILITIES>                           10,358
<BONDS>                                         21,666
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,735
<OTHER-SE>                                      35,754
<TOTAL-LIABILITY-AND-EQUITY>                    67,981
<SALES>                                         55,234
<TOTAL-REVENUES>                                55,234
<CGS>                                           37,256
<TOTAL-COSTS>                                   37,256
<OTHER-EXPENSES>                                18,334
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 394
<INCOME-PRETAX>                                  (750)
<INCOME-TAX>                                     (300)
<INCOME-CONTINUING>                              (450)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (450)
<EPS-PRIMARY>                                    (.08)
<EPS-DILUTED>                                       .0
        

</TABLE>
No. 12-92.

#### J. C. *v.*Butler County Children and Youth Services et al.

Super. Ct. Pa. Certiorari denied.
**Exhibit 23****Consent of Independent Registered Public Accounting Firm**We hereby consent to the incorporation by reference in the Registration Statements on Form S-8(Registration Nos. 33-38614 and 333-41352) of Raven Industries, Inc. of our report dated March 22,2007 relating to the financial statements, management’s assessment of the effectiveness of internalcontrol over financial reporting and the effectiveness of internal control over financialreporting, which appears in the Annual Report to Shareholders, which is incorporated in this AnnualReport on Form 10-K. We also consent to the incorporation by reference of our report dated March22, 2007 relating to the financial statement schedule, which appears in this Form 10-K.PricewaterhouseCoopers LLP
No. 11-1347.

#### Chafin *v.*Chafin.

C. A. 11th Cir. Certiorari granted.
<TABLE> <S> <C>

<ARTICLE>     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  INFORMATION   EXTRACTED  FROM  THE  COMPANY'S
CONSOLIDATED  FINANCIAL  STATEMENTS FOR THE THIRTY-SIX WEEK PERIOD ENDED JANUARY
10,  1998 AND IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH  FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER>     1,000
       
<S>                                                    <C>
<PERIOD-TYPE>                                            9-MOS
<FISCAL-YEAR-END>                                      MAY-02-1998
<PERIOD-END>                                           JAN-10-1998
<CASH>                                                      36,010
<SECURITIES>                                                     0
<RECEIVABLES>                                              113,512
<ALLOWANCES>                                                 3,586
<INVENTORY>                                                164,277
<CURRENT-ASSETS>                                           323,345
<PP&E>                                                     242,219
<DEPRECIATION>                                             118,963
<TOTAL-ASSETS>                                             612,721
<CURRENT-LIABILITIES>                                      267,612
<BONDS>                                                          0
<COMMON>                                                    74,235
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<OTHER-SE>                                                 229,686
<TOTAL-LIABILITY-AND-EQUITY>                               612,721
<SALES>                                                  2,202,550
<TOTAL-REVENUES>                                         2,202,550
<CGS>                                                    1,962,538
<TOTAL-COSTS>                                            1,962,538
<OTHER-EXPENSES>                                           163,484
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                           2,559
<INCOME-PRETAX>                                             76,692
<INCOME-TAX>                                                29,596
<INCOME-CONTINUING>                                         47,096
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                                47,096
<EPS-PRIMARY>                                                 0.99
<EPS-DILUTED>                                                 0.99
        

<FN>
Note:  The  Company's  earnings per share for the  thirty-six  week period ended
January 10, 1998  reflects the  adoption of  Statement  of Financial  Accounting
Standards  No.  128  (SFAS No.  128),  "Earnings  Per  Share."  EPS-Primary  and
EPS-Diluted above refers to EPS-basic and EPS-assuming  dilution,  respectively,
under the new SFAS 128 earnings per share disclosure rules.
</FN>

</TABLE>
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

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350, as adopted), Vijay B. Samant, the Chief
Executive Officer of Vical Incorporated (the Company), hereby certifies that, to the best of his knowledge:



| | 1. | The Companys Quarterly Report on Form 10-Q for the period ended June 30, 2010, to which this Certification is attached as Exhibit 32.1 (the Periodic
Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Periodic Report fairly presents, in all material respects, the financial condition of the Company at the end of the period covered by
the Periodic Report and results of operations of the Company for the period covered by the Periodic Report.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|Dated: August 6, 2010  
|                       
|/s/ VIJAY B. SAMANT    
|Vijay B. Samant        
|Chief Executive Officer

THIS CERTIFICATION
ACCOMPANIES THE FORM 10-Q TO WHICH IT RELATES, IS NOT DEEMED FILED WITH THE SEC AND IS NOT TO BE INCORPORATED BY REFERENCE INTO ANY FILING OF THE COMPANY UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES EXCHANGE ACT OF
1934, AS AMENDED (WHETHER MADE BEFORE OR AFTER THE DATE OF THE FORM 10-Q), IRRESPECTIVE OF ANY GENERAL INCORPORATION LANGUAGE CONTAINED IN SUCH FILING. A SIGNED ORIGINAL OF THIS CERTIFICATION 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.
No. 11-10700.

#### Alonzo *v.*United States.

C. A. 8th Cir. Certiorari denied.
#### GARY POTTS *v.*COMMISSIONER OF CORRECTION

(AC 34335)

Beach, Keller and Harper, Js.

Argued September 18

officially released October 8, 2013

Per Curiam.

The appeal is dismissed.
I 

116TH CONGRESS 

2D SESSION H. R. 9053 

To amend title 40, United States Code, to prevent Members of Congress 

and their employees from carrying firearms in the Capitol building, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 28, 2020 

Mr. HUFFMAN (for himself, Ms. SPEIER, Mr. CARSON of Indiana, and Ms. 

NORTON) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend title 40, United States Code, to prevent Members 

of Congress and their employees from carrying firearms 

in the Capitol building, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Congressional Gun 

5 Loophole Act’’. 

6 SEC. 2. CAPITOL GROUNDS AND BUILDINGS SECURITY. 

7 (a) IN GENERAL.—Section 5104(e)(1) of title 40, 

8 United States Code, is amended— 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 9053 IH

1 (1) in subparagraph (A), by redesignating 

2 clauses (i), (ii), and (iii) as subclauses (I), (II), and 

3 (III), respectively, and moving the margins 2 ems to 

4 the right; 

5 (2) by redesignating subparagraphs (A) and 

6 (B) as clauses (i) and (ii), respectively, and moving 

7 the margins 2 ems to the right; 

8 (3) by striking ‘‘An individual’’ and inserting 

9 the following: 

10 ‘‘(A) IN GENERAL.—An individual’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(B) EXCEPTION.—Notwithstanding sub13 paragraph (A), the Capitol Police Board may 

14 not authorize or permit a Member of Congress 

15 or an employee of such Member of Congress to 

16 carry on or have readily accessible to such 

17 Member or employee a firearm, except a Mem18 ber or employee may store a firearm in a car 

19 owned by such Member or employee that is 

20 parked in a garage in the Capitol complex if the 

21 Member or employee is in compliance with the 

22 firearms laws of the District of Columbia for 

23 the lawful possession of such firearm and such 

24 firearm is locked with a gun lock while on the 

25 Capitol complex.’’. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 9053 IH

1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the date that is 15 days 

3 after the date of the enactment of this Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS