alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT31.2**

 

**CERTIFICATION**

**PURSUANTTO SECTION 302 OF THE SARBANES-OXLEY ACT**

 

I, Peter J. Christianson, Chief Financial Officer ofTitan Machinery Inc., certify that:

 

1.                                       I have reviewed this report on Form 10-Qof Titan Machinery Inc.;

 

2                                          Based on my knowledge, this report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.                                       Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

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

 

(a) Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

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

 

(c) Disclosed inthis report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.                                       The registrant’s other certifying officerand I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the audit committeeof the registrant’s board of directors:

 

(a) All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

(b) Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

Date: September 15, 2008

 

 
|   | /s/ Peter J. Christianson |
|--------|---------------------------|
|   | Peter J. Christianson     |
|   | Chief Financial Officer   |

 

----
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - [FRL-6988-8] 

# AGENCY:

Environmental Protection Agency (EPA). 

# ACTION:

Notice of proposed settlement. 

# SUMMARY:

The United States Environmental Protection Agency is proposing to enter into a settlement with the Florida East Coast Railway Company for past response costs pursuant to section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9622(h)(1) concerning the Standard Auto Bumper Superfund Site located in Hialeah, Dade County, Florida. EPA will consider public comments on the proposed settlement for thirty (30) days. EPA may withdraw from or modify the proposed settlement should such comments disclose facts or considerations which indicate the proposed settlement is inappropriate, improper or inadequate. Copies of the proposed settlement are available from: Ms. Paula V. Batchelor, U.S. EPA, Region 4 (WMD-CPS), 61 Forsyth Street SW, Atlanta, Georgia 30303, (404) 562-8887. 

Written comments may be submitted to Ms. Bachelor within 30 calendar days of the date of this publication. 

Dated: May 9, 2001. 

Franklin E. Hill,

Chief, CERCA Program Services Branch, Waste Management Division. 

[FR Doc. 01-13843 Filed 5-31-01; 8:45 am] 

BILLING CODE 6560-50-P
ORDER

IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 22-0593

STATE OF MONTANA,

Plaintiff and Appellee,

v.

JARRID KEITH CANFIELD,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing therefore,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including October 23, 2023, within which to prepare, file, 

and serve his opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

September 13 2023

09/13/2023

Case Number: DA 22-0593
* 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

Fifth Circuit

FILED

September 18, 2003

Charles R. Fulbruge III

Clerk

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-51111

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LUIS JOSE LOZANO-RAMIREZ,

Defendant-Appellant.

Appeal from the United States District Court

for the Western District of Texas

(EP-99-CR-1497-3)

Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

Luis Jose Lozano-Ramirez appeals his convictions for

conspiracy to possess, and possession, with the intent to

distribute more than five kilograms of cocaine. He challenges the

sufficiency of the evidence.

Lozano’s presence at certain places and times supports the

jury’s finding that he was a member of the conspiracy. See United

States v. Turner, 319 F.3d 716, 721 (5th Cir.)(mere presence will
2

not alone support an inference of conspiracy; however, this factor

may be considered in finding conspiratorial activity), cert.

denied, 123 S. Ct. 1939 (2003); United States v. Paul, 142 F.3d

836, 840 (5th Cir. 1998) (jury may find participation from

defendant’s presence when presence would be unreasonable for anyone

other than a knowledgeable participant). In addition, Benjamin

Haro, a co-defendant, testified that Lozano and another codefendant were “working for the bosses” and “in charge”. Because

Haro’s testimony was not “factually insubstantial or incredible”,

it is sufficient evidence to support Lozano’s conspiracy

conviction. United States v. Westbrook, 119 F.3d 1176, 1190 (5th

Cir. 1997). In sum, “a reasonable trier of fact could have found

that the evidence established guilt beyond a reasonable doubt”.

United States v. Mendoza, 226 F.3d 340, 343 (5th Cir. 2000).

Lozano’s brief lists the sufficiency of evidence supporting

his possession with intent to distribute conviction as an issue on

appeal, but he does not discuss the issue in his brief. Because he

has failed to brief this issue, it is abandoned. See FED. R. APP.

P. 28 (a)(9)(A); e.g., Yohey v. Collins, 985 F.2d 222, 224 (5th

Cir. 1993)(failure to specifically brief issue results in its

abandonment).

AFFIRMED
#### STATE v. BABB

No. 438P98

Case below: 130 N.C.App. 757

Motion by Attorney General to dismiss appeal allowed 3 December 1998. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 3 December 1998.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED December 20, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-20709 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MANUEL AMANDO FLORES, JR., Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 4:04-CR-356-3

-------------------- Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.
PER CURIAM: * The attorney appointed to represent Manuel Amando Flores, Jr., has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967). Flores has filed a response in which he argues, inter alia, that counsel was ineffective for not arguing at sentencing and on appeal that Flores should receive a sentencing adjustment for his role in the offense and should not receive a sentencing adjustment for possession of a firearm. Flores also moves for the appointment of new counsel or, alternatively, to remand hisNo. 05-20709 -2- case to allow the district court to reconsider its guidelines rulings. The record is sufficiently developed to allow consideration of Flores’s claims of ineffectiveness. See United States v. Higdon , 832 F.2d 312, 314 (5th Cir. 1987).
Our independent review of the record, counsel’s brief, and Flores’s response shows that there are no nonfrivolous issues for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and this appeal is DISMISSED. See 5 TH C IR . R. 42.2. All other outstanding motions are DENIED.
Exhibit 99.3  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 EnCana
Corporation (the Company) on Form 40-F for the year ended December 31,
2007, as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Randall K. Eresman, President & Chief Executive
Officer 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 to the
best of my knowledge:  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.   By:
  /s/ Randall K. EresmanRandall K. EresmanPresident & Chief Executive OfficerFebruary 22, 2008
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

Chapter 1047

Natural Gas Basis Swap - TETCO ELA - Platts Inside FERC

DESCRIPTION

A monthly cash settled swap based upon the mathematical result of subtracting the price of the 

NYMEX Henry Hub Natural Gas futures contract, as defined in Floating Price B, from the monthly 

price published by Platts Inside FERC for the location specified in Floating Price A.

FLOATING PRICE A

The Floating Price for each contract month will be equal to the Platts Inside FERC TETCO ELA

published price for the corresponding contract month.

FLOATING PRICE B

The Floating Price for each contract month will be equal to the NYMEX Henry Hub Natural Gas 

futures contract final settlement price for the corresponding contract month on the last trading 

day for that contract month.

CONTRACT UNIT AND VALUE

The contract unit shall be MMBtus (million British thermal units). Each shall be valued as the 

contract quantity multiplied by the settlement price.

LISTING CYCLE

Up to 120 consecutive monthly contract periods.

PRICES AND FLUCTUATIONS

Prices shall be quoted in U.S. dollars and cents per MMBtu. The minimum price fluctuation shall 

be $0.001 per MMBtu. The minimum price increment will be $0.0001. There shall be no 

maximum price fluctuation.

TERMINATION OF TRADING

Posting of transactions shall cease on the last business day prior to the contract month.

FINAL SETTLEMENT

Delivery under the contract shall be by cash settlement. Final settlement, following termination 

of posting for a contract month, will be based on the Floating Price. The final settlement price 

will be the Floating Price calculated for each contract month.
[Federal Register Volume 66, Number 11 (Wednesday, January 17, 2001)]
[Notices]
[Page 4001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1274]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Defense Intelligence Agency, Science and Technology Advisory 
Board Closed Panel Meeting

AGENCY: Defense Intelligence Agency, Department of Defense.

ACTION: Notice.

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

SUMMARY: Pursuant to the provisions of subsection (d) of section 10 of 
Public Law 92-463, as amended by section 5 of Public Law 94-409, notice 
is hereby given that a closed meeting of the DIA Science and Technology 
Advisory Board has been scheduled as follows:

DATES: January 9, and 10, 2001 (800 am to 1600 pm).

ADDRESSES: The Defense Intelligence Agency, 200 MacDill BLVD, 
Washington, DC, 20340.

FOR FURTHER INFORMATION CONTACT: Victoria J. Prescott, Executive 
Secretary, DIA Science and Technology Advisory Board, Washington, DC 
20340-1328 (202) 231-4930.

SUPPLEMENTARY INFORMATION: The entire meeting is devoted to the 
discussion of classified information as defined in section 552b(c)(l), 
title 5 of the U.S. Code, and therefore will be closed to the public. 
The Board will receive briefings on and discuss several current 
critical intelligence issues and advise the Director, DIA, on related 
scientific and technical matters.

    Dated: January 10, 2001.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 01-1274 Filed 1-16-01; 8:45 am]
BILLING CODE 5001-10-M
EXHIBIT 31.1



CERTIFICATION



I, Keith A. Guevara,
as Chief Executive Officer of NBO Systems, Inc., certify that:

1. I have
		reviewed this Annual Report on Form 10-KSB for the fiscal year ended
		December 31, 2004 of NBO SYSTEMS, INC.;



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 annual 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 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)) 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 is made known to us by others within the company,
				particularly during the period in which this report is being
				prepared;

(b)
				[paragraph omitted pursuant to SEC Release Nos. 33-8238 and
				34-47986]



(c)
				evaluated the effectiveness of the registrant's disclosure
				controls and procedures and presented in this report our
				conclusion 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



(d)
				disclosed in this annual report any change in the registrant's
				internal control over financial reporting that occurred during
				the registrant's most recent fiscal quarter (the registrant's
				fourth fiscal quarter in the case of an annual report) that has
				materially affected, or is reasonably likely to materially
				affect, the registrant's internal control over financial
				reporting; and

5. The
		registrant's other certifying officer and I have disclosed, based on our
		most recent evaluation of internal controls 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 controls 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 controls and over financial reporting.





Date: March 31, 2005

/s/ Keith A. Guevara

Keith A. Guevara

Chief Executive Officer and President
CERTIFICATIONS
                                                                    EXHIBIT 31.1
                                                                             and
                                                                    EXHIBIT 31.2

I, Scott Vicari, certify that:

1. I have reviewed this annual report on Form 10-KSB of Hosting Site Network
Inc.

2. Based on my knowledge, this annual 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 annual
report;

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

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
small business issuer and have;

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

(b) Evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report my 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

(c) Disclosed in this report any change in the small business issuer's internal
control over financial reporting that occurred during the period covered by this
annual report that has materially affected, or is reasonably likely to
materially affect, the small business issuer's internal control over financial
reporting; and

5. I have disclosed, based on my most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of registrant's board of directors (or persons performing the
equivalent functions):

(a) All significant deficiencies and material weakness 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:  December 13, 2005        /s/ Scott Vicari
                                      ---------------------------
                                      Scott Vicari
                                      Principal Executive and Financial Officer
EXHIBIT 23.10
                                                                  -------------



                               CONSENT OF EXPERT

          Reference is made to the Annual  Report on Form 40-F (the "40-F") of
Ivanhoe  Mines  Ltd.  (the  "Company")  to be  filed  with the  United  States
Securities and Exchange  Commission pursuant to the Securities Exchange Act of
1934, as amended.

          I  hereby  consent  to the  use of and  reference  to my  name  as a
Qualified  Person for the Oyu Tolgoi  Technical Report dated March 2008, under
the heading "Item 3:  Description of the Business - Oyu Tolgoi Copper and Gold
Project, Mongolia" in the Company's Annual Information Form for the year ended
December 31, 2007, dated March 28, 2008, and in the 40-F.

Sincerely,


/s/ Jeffrey Price
------------------------------------------
Title:   Principal Geotechnical Consultant
Company: SRK Consulting (Australasia)

Date:  March 28, 2008
**Exhibit
      32.1**




**Certification
      of Chief Executive Officer and Chief Financial Officer**


**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 Pax Biofuels Inc. (the “Company”) on
      Form 10-QSB for the period ending January 31, 2008 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Paul Leslie
      Hammond, Chief Executive Officer and Chief Financial Officer of the Company,
      certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the
      Sarbanes-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;
                and




(2)
            The
                information contained in the Report fairly presents, in all material
                respects, the financial condition and result of operations of the
                Company.




IN
      WITNESS WHEREOF, the undersigned has executed this certification as of the
      17th
      day of March 2008.




/s/
                Paul Leslie HammondPrincipal
                Executive Officer, Financial Officerand
                Accounting Officer