alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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UNITED STATES AIR FORCE

COURT OF CRIMINAL APPEALS

________________________

No. ACM 39277

________________________

UNITED STATES

Appellee

v.

Michael S. HERRING

Captain (O-3), U.S. Air Force, Appellant

________________________

Appeal from the United States Air Force Trial Judiciary

Decided 19 April 2018 

________________________

Military Judge: Mark Milam.

Approved sentence: Dismissal and confinement for 45 days. Sentence 

adjudged 3 May 2017 by GCM convened at Kirtland Air Force Base, 

New Mexico.

For Appellant: Major Patricia Encarnación Miranda, USAF; Major Rebecca J. Otey, USAF. 

For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Mary Ellen 

Payne, Esquire. 

Before HARDING, SPERANZA, and HUYGEN, Appellate Military 

Judges.

________________________

This is an unpublished opinion and, as such, does not serve as 

precedent under AFCCA Rule of Practice and Procedure 18.4.

________________________

PER CURIAM:
United States v. Herring, No. ACM 39277

2

The approved findings and sentence are correct in law and fact, and no 

error materially prejudicial to Appellant’s substantial rights occurred.* Articles 59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 

866(c). Accordingly, the approved findings and sentence are AFFIRMED.

FOR THE COURT

CAROL K. JOYCE

Clerk of the Court

 

* Appellant notes that the military judge “determined it was not necessary to address” the Defense Motion for Appropriate Relief: Unlawful Pretrial Punishment regarding pretrial confinement after adjudging a sentence that included 45 days of confinement and granting credit of 49 days for pretrial confinement. United States v. 

Zarbatany, 70 M.J. 169 (C.A.A.F. 2011), provides that credit for illegal pretrial confinement may be applied to components of an adjudged sentence other than confinement, including a punitive discharge. Relief, however, “is not warranted or required 

where it could be disproportionate to the harm suffered or the nature of the offense.”

Id. at 170. Acknowledging that the military judge should have decided the motion 

and assuming arguendo that Appellant was entitled to credit under Article 13, Uniform Code of Military Justice, we find that a set aside of Appellant’s dismissal would 

be disproportionate to the nature of Appellant’s offenses and thus no prejudicial error.
Exhibit 31.2

I, Daniel L. Hefner, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of American Commerce Solutions, Inc.;

2. Based on my knowledge, this
quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the
period covered by this quarterly report;

3. Based on my knowledge, the financial statements, and other financial information included in
this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;

4. The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

a) designed such disclosure controls and procedures 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 quarterly report is being prepared;

b) evaluated the effectiveness of the registrants disclosure controls and procedures as of a date within 90 days prior to the filing date of this
quarterly report (the Evaluation Date); and

c) presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the Evaluation Date;

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

a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrants ability to record,
process, summarize and report financial data and have identified for the registrants auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls; and

6. The registrants other certifying officers and I have indicated in this quarterly report whether or not there were significant changes in
internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.



|                                      |  |                                               |  |              
|------------------------------------- |  | --------------------------------------------- |  | -------------
|/s/ Daniel L. Hefner Daniel L.
Hefner |  | Chief Executive Officer, President & Director |  | July 12, 2006



Page 19
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**Exhibit 31.2**
 
 I, Daniel L. Hefner, certify that:
 
 1. I have reviewed this quarterly report on Form 10-QSB of American Commerce Solutions, Inc.;
 
 2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;
 
 3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;
 
 4. The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:
 
 a) designed such disclosure controls and procedures 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 quarterly report is being prepared;
 
 b) evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the "Evaluation Date"); and
 
 c) presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;
 
 5. The registrant's other certifying officers and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):
 
 a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and
 
 b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls; and
 
 6. The registrant's other certifying officers and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.**AMERICAN COMMERCE SOLUTIONS, INC.**Date: January 10, 2005
By:
/s/ Daniel L. HefnerDaniel L. HefnerTitle: Chief Executive Officer, President, and Director
<PAGE>
                                       

                      CONSENT OF INDEPENDENT AUDITORS




THE BOARD OF DIRECTORS
GETCHELL GOLD CORPORATION:


We consent to incorporation by reference in the registration statements (No. 
33-62449) on Form S-3 of Getchell Gold Corporation of our report dated 
February 12, 1997, except as to Note 14, which is as of February 14, 1997, 
relating to the consolidated balance sheets of Getchell Gold Corporation and 
subsidiary as of December 31, 1996 and 1995, and the related consolidated 
statements of operations, stockholders' equity and cash flows for the year 
ended December 31, 1996, the six months ended December 31, 1995 and each of 
the years in the two-year period ended June 30, 1995, which report appears in 
the December 31, 1996 annual report on Form 10-K of Getchell Gold Corporation.

                                             KPMG PEAT MARWICK LLP 


Denver, Colorado
March 4, 1997