alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES, Appellee, v. Kenneth D. EADY, Senior Airman U.S. Air Force, Appellant.

No. 66,447.

ACM S28262.

U.S. Court of Military Appeals.

Submitted Aug. 12, 1991.

Decided Aug. 5, 1992.

For Appellant: *Colonel Jeffrey R. Owens and Captain Richard W. Aldrich*(on brief).

For Appellee: *Major Jeffrey C. Lindquist and Major Paul H. Blackwell, Jr.*(on brief); *Lieutenant Colonel Brenda J. Hollis.*

PER CURIAM:

On January 12, 1990, appellant, pursuant to his pleas, was found guilty by a special court-martial of three specifications of wrongful appropriation of personal property, in violation of Article 121, Uniform Code of Military Justice, 10 USC § 921. The members sentenced appellant to a bad-conduct discharge, 4 months’ confinement, and reduction to the lowest enlisted grade. On February 9, 1990, this sentence was approved by the convening authority. The Court of Military Review affirmed in an unpublished opinion on January 31, 1991, 1991 WL 34819.

We granted appellant’s petition for review to decide the following two questions of law:

> I

> WHETHER THE AIR FORCE COURT OF MILITARY REVIEW ERRED WHEN IT HELD THAT IT WAS NOT PLAIN ERROR TO ADMIT A PRIOR CONVICTION PROVED ONLY BY A LETTER FROM A LOCAL POLICE DEPARTMENT.

> II

> WHETHER THE AIR FORCE COURT OF MILITARY REVIEW ERRED WHEN IT HELD THAT IT WAS NOT PLAIN ERROR TO ADMIT A PRIOR CONVICTION PROVED ONLY BY AN *16INDICTMENT AND AN OFFER TO PLEAD GUILTY.

We agree with the Court of Military Review that no plain error occurred and otherwise affirm on the basis of waiver. Mil.R.Evid. 103, Manual for Courts-Martial, United States, 1984. *See United States v. Barnes,*33 MJ 468 (CMA 1992); *see also United States v. Browning,*29 MJ 174 (CMA 1989).

Without defense objection the military judge admitted a certified copy of a “Records Check” from a local South Carolina police department which purported to show appellant’s arrests for speeding and shoplifting. It also indicated that appellant forfeited bond on both these charges. Additionally, and again without defense objection, the military judge admitted a document signed by a local Clerk of Court in South Carolina which indicated that appellant had been indicted for robbery and grand larceny, but eventually pleaded guilty only to grand larceny. Notwithstanding his lack of objection at trial, appellant now contends that this evidence should not have been admitted.

Prior state convictions are relevant in determining the sentence of a military accused. *See*RCM 1001(b)(3)(A), Manual, *supra.*Moreover, we can find no military rule of evidence which expressly prohibits proof of state convictions by using the above documents. *See United States v. Barnes, supra*at 473. Finally, the prosecution’s exhibits are substantially regular on their face and bear the seals of the above-noted state agency and court. *See*Mil.R.Evid. 803(6) and (8). We are thus satisfied that their admission was not plain error and that any other error in the form of this evidence was waived by the defense’s failure to object. *See*Mil.R.Evid. 103(a)(1).

The decision of the United States Air Force Court of Military Review is affirmed.
Heating Fire Safety

Follow these heating tips to help maintain a fire-safe home this winter.

Space Heater

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away from the heater.

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ĵ Turn heaters off when you go to bed or leave the room.

ĵ Plug portable heaters directly into outlets and never into an extension cord or 

power strip.

ĵ Only use portable heaters from a recognized testing laboratory.

Fireplace

ĵ Keep a glass or metal screen in front of the fireplace to prevent embers or sparks 

jumping out.

ĵ Do not burn paper in your fireplace.

ĵ Put the fire out before you go to sleep or leave your home.

ĵ Put ashes in a metal container with a lid, outside, at least 10 feet from your home.

Wood Stove

ĵ Make sure your wood stove is 3 feet from anything that can burn.

ĵ Do not burn paper in your wood stove.

ĵ Put the fire out before you go to sleep or leave your home.

ĵ Have your chimney inspected and cleaned each year by a professional.

Furnace

ĵ Have your furnace inspected 

each year.

ĵ Keep anything that can burn 

away from the furnace.

Kerosene Heater

ĵ Only use kerosene heaters from a 

recognized testing laboratory.

ĵ Make sure the heater has an automatic 

shut-off, so if it tips over, it shuts off.

ĵ Refuel your cooled heater outside.

For more 

information 

and free 

resources, visit 

usfa.fema.gov.
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





I, John
C. Corey, President and Chief Executive Officer, of Stoneridge, Inc. (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 on Form 10-Q of the Company for the second quarter ended June 30, 2010
(“the Report”) which this certification accompanies fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a) or 78o(d)); 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/ John C. CoreyJohn C. Corey, President and Chief Executive OfficerJuly 28, 2010





A signed
original of this written statement required by Section 906 of the Sarbanes-Oxley
Act of 2002 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.
<PAGE>
                                                                   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

I, John S. Heneghan, Chief Financial Officer of CNA Surety Corporation (the
"Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that to the best of my knowledge:

(1)  the Quarterly Report on Form 10-Q of the Company for the quarterly period
     ended June 30, 2003 (the "Report") fully complies with the requirements of
     Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
     78m or 78o(d)); 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/ John S. Heneghan
----------------------------------------
John S. Heneghan
Chief Financial Officer
**Exhibit 99.2**

 

**CERTIFICATION OF THE CHIEF FINANCIAL OFFICERPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connectionwith the Quarterly Report on Form 10-Q of GameTech International, Inc. (the “Company”)for the quarterly period ended April 30, 2003, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, John P. Hewitt, ChiefFinancial Officer of the Company, certify, to my best knowledge and belief,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-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 (15 U.S.C. 78m(a) or 78o(d)); 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/ John P. Hewitt       |   |
|--------------------------|--------|
| John P.  Hewitt          |
| Chief  Financial Officer |
|                     |
| June 16, 2003            |

 

----
```

[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Notices]
[Pages 22003-22004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10722]

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

DEPARTMENT OF THE INTERIOR

Minerals Management Service

Environmental Assessment Prepared for Proposed Western Gulf Sale 
180 on the Gulf of Mexico Outer Continental Shelf (OCS)

AGENCY: Minerals Management Service, Interior.

ACTION: Notice of availability of the environmental assessment on 
proposed Western Gulf of Mexico Lease Sale 180.

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

SUMMARY: The Minerals Management Service (MMS) has prepared an 
environmental assessment (EA) for the proposed annual Lease Sale 180 
for the Western Planning Area of the Gulf of Mexico Outer Continental 
Shelf.

FOR FURTHER INFORMATION CONTACT: Public Information Unit, Information 
Services Section at the number below. You may obtain single copies of 
the EA from the Minerals Management Service, Gulf of Mexico OCS Region, 
Attention: Public Information Office (MS 5034), 1201 Elmwood Park 
Boulevard, Room 114, New Orleans, Louisiana 70123-2394 or by calling 1-
800-200-GULF.

SUPPLEMENTARY INFORMATION: In this EA, MMS has reexamined the potential 
environmental effects of the proposed action and alternatives based on 
any new information regarding potential impacts and issues that were 
not available at the time the Final Environmental Impact Statement 
(FEIS) for Lease Sales 171, 174, 177, and 180 was prepared. In summary, 
no new significant impacts were identified for proposed Lease Sale 180 
that were not already assessed in the FEIS for Lease Sales 171, 174, 
177, and 180. As a result, MMS determined that a supplemental EIS is 
not required and prepared a Finding of No New Significant Impact.
    Public Comment: If you wish to comment, you may mail or hand-carry 
written comments to the Department of the Interior, Minerals Management 
Service, Regional Director (MS 5410), Gulf of Mexico OCS Region, 1201 
Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394. Our practice 
is to make comments, including names and home addresses of respondents, 
available for public review during regular business hours. Individual 
respondents may request that we withhold their home address from the 
record, which we will honor to the extent allowable by law. There may 
be circumstances in which we would withhold from the record a 
respondent's identity, as allowable by the law. If you wish us to 
withhold your name and/or

[[Page 22004]]

address, you must state this prominently at the beginning of your 
comment. However, we will not consider anonymous comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

    Dated: April 25, 2001.
Ralph Ainger,
Acting Associate Director for Offshore Minerals Management.
[FR Doc. 01-10722 Filed 5-1-01; 8:45 am]
BILLING CODE 4310-MR-P
```
*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.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 97-50163

Summary Calendar

DAVID SILVA,

Plaintiff-Appellant,

VERSUS

CITY OF SEGUIN,

Defendant-Appellee.

Appeal from the United States District Court

For the Western District of Texas

(SA-95-CV-1148)

September 9, 1997

Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Silva filed suit against his former employer, the City of

Seguin, alleging wrongful discharge, breach of contract (the

employee handbook), violation of due process, violation of the duty

of good faith and fair dealing, violation of his right to free
speech under the Texas and United States Constitutions and

violation of the Texas Whistleblower Statute. After appropriate

discovery, the City of Seguin moved for summary judgment. At the

summary judgment hearing, Silva abandoned two of his claims and the

district court granted summary judgment in favor of the City of

Seguin on the remainder of his claims. 

We have carefully reviewed the briefs, the reply brief, the

record excerpts and relevant portions of the record itself. For

the reasons stated by the district court in its Order filed January

2, 1997, we find that summary judgment for the defendant was

appropriate. Accordingly, the Final Judgment entered January 2,

1997, is 

AFFIRMED.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-6470

MONTY JACKSON SMITH,

Petitioner - Appellant,

versus

GARY D. MAYNARD, Director of South Carolina

Department of Corrections; CHARLES MOLONY

CONDON, Attorney General of the State of South

Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Charleston. Terry L. Wooten, District Judge.

(CA-01-4374-25AJ)

Submitted: July 18, 2003 Decided: October 22, 2003

Before WILKINSON, LUTTIG, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Monty Jackson Smith, Appellant Pro Se. William Edgar Salter, III,

OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South

Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Monty Jackson Smith, a state prisoner, seeks to appeal the

district court’s order denying relief on his petition filed under

28 U.S.C. § 2254 (2000). An appeal may not be taken from the final

order in a § 2254 proceeding 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 for claims

addressed by a district court 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 both that his constitutional claims are

debatable and that any dispositive procedural rulings by the

district court are also debatable of wrong. See Miller-El v.

Cockrell, 537 U.S. 322, 123 S. Ct. 1029, 1040 (2003); Slack v.

McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683

(4th Cir.), cert. denied, 534 U.S. 941 (2001). We have

independently reviewed the record and conclude that Smith 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
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extrated from the Balance
Sheet and statement of operations found on pages 15, 16 and 17 of the company's
form 10-KSB for the year-to-date, and is qualified in its entirety by reference
to such financial statements.
</LEGEND>
<MULTIPLIER>   1000

<S>                       <C>
<PERIOD-TYPE>             Year
<FISCAL-YEAR-END>         APR-30-1999
<PERIOD-END>              APR-30-1999
<CASH>                            698
<SECURITIES>                      556
<RECEIVABLES>                   1,171
<ALLOWANCES>                       76
<INVENTORY>                     1,667
<CURRENT-ASSETS>                4,311
<PP&E>                          7,617
<DEPRECIATION>                  4,726
<TOTAL-ASSETS>                  7,473
<CURRENT-LIABILITIES>             971
<BONDS>                             0
<COMMON>                           42
<PREFERRED-MANDATORY>               0
<PREFERRED>                         0
<OTHER-SE>                      6,239
<TOTAL-LIABILITY-AND-EQUITY>    7,473
<SALES>                         9,695
<TOTAL-REVENUES>                9,695
<CGS>                           5,711
<TOTAL-COSTS>                   5,711
<OTHER-EXPENSES>                3,870
<LOSS-PROVISION>                    0
<INTEREST-EXPENSE>                  0
<INCOME-PRETAX>                   232
<INCOME-TAX>                       35
<INCOME-CONTINUING>               197
<DISCONTINUED>                      0
<EXTRAORDINARY>                     0
<CHANGES>                           0
<NET-INCOME>                      197
<EPS-BASIC>                       .05
<EPS-DILUTED>                     .05
Escape Planning for 

Older Adults

Your risk of dying in a home fire is greater as you get older.

Knowing what to do if there is a fire can make a big difference.

o Know two ways out of every room. 

Practice using both ways.

o Remove any items that may block 

your way out of the room or your 

home.

o Discuss your fire escape plan with 

family and neighbors. Contact your 

building manager or fire department 

to discuss your plan if you need extra 

help escaping.

o Keep eyeglasses, keys, hearing aids 

and a phone within reach next to 

your bed.

o Practice your home fire escape drill 

twice a year.

Adults 65 and over are 

twice as likely to die in fires

For more information and free resources, visit

www.usfa.fema.gov.
I 

111TH CONGRESS 

2D SESSION H. R. 6408 

To allow States to return certain funds made available for high speed rail 

and intercity rail projects to the general fund of the Treasury for Federal 

budget deficit reduction. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2010 

Mr. SENSENBRENNER (for himself, Mr. RYAN of Wisconsin, and Mr. PETRI) 

introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure 

A BILL 

To allow States to return certain funds made available for 

high speed rail and intercity rail projects to the general 

fund of the Treasury for Federal budget deficit reduction. 

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

3 SECTION 1. RETURN OF FUNDS. 

4 Notwithstanding any other provision of Federal law, 

5 any unobligated funds made available under the heading 

6 ‘‘Federal Railroad Administration, Capital Assistance for 

7 High Speed Rail and Intercity Passenger Rail Service’’ in 

8 title XII of Division A of the American Recovery and ReinVerDate Mar 15 2010 01:56 Nov 17, 2010 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6408.IH H6408

smartinez on DSKB9S0YB1PROD with BILLS
2 

•HR 6408 IH

1 vestment Act of 2009 (Public Law 111–5) may be re2 turned by a State to the Secretary of Transportation who 

3 shall deposit any such funds into the general fund of the 

4 Treasury for Federal budget deficit reduction. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
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 RAIT
Financial Trust (the Company) on Form 10-Q for the quarterly period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jack E. Salmon, Chief Financial Officer
and Treasurer 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), as applicable, 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/    Jack E. Salmon                
|Jack E. Salmon                       
|Chief Financial Officer and Treasurer
|Date: May 5, 2011
**Exhibit 23**

 

**INDEPENDENT AUDITORS’ CONSENT**

 

New England Business Service, Inc.: 

 

We consent to the incorporation by reference in Registration Statement Nos. 33-38925, 33-56227, 333-44825, 333-44819, 333-43028, 333-43804, 333-83196 and 333-101669 ofNew England Business Service, Inc. on Form S-8 of our report dated July 28, 2003, appearing in this Annual Report on Form 10-K of New England Business Service, Inc. for the year ended June 28, 2003. 

 

/s/ Deloitte & Touche LLP 

Boston, Massachusetts 

September 3, 2003
HYNES & HOWES INSURANCE COUNSELORS, INC.
                             Statement of Cash Flow
              For the Years Ended September 30, 1999, 1998 and 1997
                 Increase (Decrease) in Cash and Cash Equivalent


                                                 Year Ended September 30,
                                          1999            1998             1997
Cash Flow from Operating Activities:
   Interest Received                 $  72,714       $  81,008       $  115,571
   Miscellaneous Income Received         1,391           1,372              814
   Interest Paid                             0               0          (41,517)
   Legal, Audit and Management
     Fees Paid                         (50,769)        (41,556)         (49,655)
   Repairs and Maintenance Paid         (4,939)        (12,244)         (13,799)
   Cash Paid to Suppliers for
      Operating Expenses               (11,880)        (11,940)          (7,860)

      Net Cash Provided by
        Operating Activities         $   6,517       $  16,640       $    3,554

Cash Flows from Investing Activities:
   Principal Collected on Sale of
     Tanglefoot Apartments Contract          0               0        1,572,240
   Principal Collected on
     Real Estate Contracts             368,673           5,561           12,827
   Purchase of Real Estate Contracts  (367,426)        (31,848)        (526,413)
   Sale (Purchase) of Real Estate            0          31,848          (31,848)
   Payments on Real Estate Mortgages         0               0         (991,555)
   Buyers Escrow Collected (Paid)         (219)            442           (6,650)
   Apartment Building Escrow
     Received (Paid)                         0               0                0
   (Purchase) Redeem Tax Certificates   (1,237)          1,365           (1,459)
   Acquisition of Equipment             (9,184)              0                0
   Purchase of Real Estate             (25,344)           (500)             500

      Net Cash Provided (Used) by
         Investing Activities        $ (34,737)      $   6,868       $   27,642

Cash Flows from Financing Activities:
   Proceeds (Payments) from Loans    $       0       $       0       $  (27,000)

      Net Cash Provided (Used) by
         Financing Activities        $       0       $       0       $  (27,000)

   Net Increase (Decrease) in Cash and
      Cash Equivalents               $ (28,220)      $  23,508       $    4,196
Cash and Cash Equivalents at Beginning
   of Year                              34,183          10,675            6,479

Cash and Cash Equivalents at
   End of Year                       $   5,963       $  34,183       $   10,675


Notes to Financial Statements are an integral part of these statements.