alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### James Franklin ROUNSAVALL, Petitioner—Appellant, v. Bernie D. ELLIS, Respondent—Appellee.

No. 04-16135.

United States Court of Appeals, Ninth Circuit.

Submitted March 23, 2005.*

Decided April 4, 2005.

James Franklin Rounsavall, Phoenix, AZ, pro se.

James C. Hair, Jr., AUSA, USPX-Office of The U.S. Attorney, Phoenix, AZ, for Respondent-Appellee.

Before: B. FLETCHER, TROTT, and PAEZ, Circuit Judges.

*

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

MEMORANDUM **

James Franklin Rounsavall appeals pro se the district court’s dismissal of his 28 U.S.C. § 2241 petition challenging the decision of the Federal Bureau of Prisons to increase his payments under the Inmate Financial Responsibility Program (“IFRP”). We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo, *Tripati v. Henman,*843 F.2d 1160, 1162 (9th Cir.1988), and we affirm.

Rounsavall contends that the IFRP violates his equal protection and due process rights because his repayment schedule under the IFRP changed from $25 per quarter to $25 per month. We disagree. A valid, rational connection exists between the IFRP payment regulation and a legitimate penological interest in collecting court-ordered fines and special assessments. *See Shaw v. Murphy,*532 U.S. 223, 229, 121 S.Ct. 1475, 149 L.Ed.2d 420 (2001); *see also Montano-Figueroa v. Crabtree,*162 F.3d 548, 549 (9th Cir.1998) (stating that the IFRP has been upheld generally).

*162To the extent that Rounsavall is attacking the trial court’s delegation of the timing and payment schedule to the IFRP, this contention lacks merit. *See United States v. Barany,*884 F.2d 1255, 1259-60 (9th Cir.1989) (stating that the trial court may delegate the timing and manner of restitution payments).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-8049

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JUAN JOSE BALTAZAR,

Defendant - Appellant.

Appeal from the United States District Court for the District of 

South Carolina, at Greenville. Henry M. Herlong, Jr., Senior

District Judge. (6:06-cr-00998-HMH-4)

Submitted: April 17, 2014 Decided: April 22, 2014

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Juan Jose Baltazar, Appellant Pro Se. Jimmie Ewing, Assistant 

United States Attorney, Columbia, South Carolina, Leesa 

Washington, Assistant United States Attorney, Greenville, South 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Juan Jose Baltazar seeks to appeal from his 2007 

convictions for possession of a firearm in furtherance of a drug 

trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A) 

(2006), and possession with intent to distribute 

methamphetamine, cocaine and marijuana, in violation of 21 

U.S.C. § 841 (2006). The Government has moved to dismiss the 

appeal as untimely. We grant the Government’s motion and 

dismiss Baltazar’s appeal.

In criminal cases, the defendant must file the notice 

of appeal within ten days after the entry of judgment.* Fed. R.

App. P. 4(b)(1)(A). With or without a motion, upon a showing of 

excusable neglect or good cause, the district court may grant an 

extension of up to thirty days to file a notice of appeal. Fed. 

R. App. P. 4(b)(4); United States v. Reyes, 759 F.2d 351, 353 

(4th Cir. 1985). “When the government properly objects to the 

untimeliness of a defendant’s criminal appeal, Rule 4(b) is 

mandatory and inflexible.” See United States v. Frias, 521 F.3d 

229, 234 (2d Cir. 2008) (citations omitted).

 * In 2009, Rule 4(b) was amended and the time for filing a 

notice of appeal was extended from ten to fourteen days. 

Because Baltazar was sentenced in 2007, the prior version of the 

Rule applies. 
3

The district court entered the criminal judgment 

against Baltazar on May 14, 2007. The notice of appeal was 

deemed filed on December 18, 2013. See Houston v. Lack, 487 

U.S. 266, 276 (1988). Because Baltazar failed to file a timely 

notice of appeal, we grant the Government’s motion and dismiss 

the appeal. 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.

DISMISSED
##### 



XANSER CORPORATION AND SUBSIDIARIES
  CERTIFICATION OF CHIEF FINANCIAL OFFICER  PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Xanser Corporation;
 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-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, including its consolidated subsidiaries, is
made known to us by others within those entities, and allows for timely decisions
regarding disclosures;b)
    
    [intentionally omitted pursuant to SEC Release No. 34-47986];c)
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the period
cover by this quarterly report, based on such evaluation; andd)
    
    disclosed in this quarterly report any change in the registrants internal
control over financial reporting that occurred during the registrants most recent
fiscal quarter 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 officers 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; andb)
    
    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.
  /s/ HOWARD C. WADSWORTHHoward C. WadsworthSenior Vice President, Controller and  Secretary
(Chief Financial Officer)
#### BRICKELL v. COLLINS

No. 95 PC.

Case below: 44 N.C. App. 707.

Petition by plaintiff for discretionary review under G.S. 7A-31 denied 6 May 1980.
Exhibit No. 99.2


Certification of the Chief Financial Officer

Pursuant to 18 U.S.C. ss.1350, I, the undersigned Executive Vice President and
Chief Financial Officer of Journal Communications, Inc. (the "Company"), hereby
certify, based on my knowledge, that the Quarterly Report on Form 10-Q of the
Company for the quarter ended March 23, 2003 (the "Report") fully complies with
the requirements of Section 13(a) of the Securities Exchange Act of 1934 and
that information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

/s/ Paul M. Bonaiuto
---------------------------
Paul M. Bonaiuto
May 6, 2003

A signed original of this written statement required by Section 906 has been
provided to Journal Communications, Inc. and will be retained by Journal
Communications, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.
**Exhibit 32.1**

 

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

 

 

In connection with theQuarterly Report of K-tel International, Inc. (the “Company”) on Form 10-Q forthe period ended September 30, 2003, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Philip Kives, Chairman,President and Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

 

1.               The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

2.               The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

A signed original of thiswritten statement required by Section 906 has been provided to the Company andwill be retained by the Company and furnished to the Securities and Exchange Commissionor its staff upon request.

 

 
| By                                                       |      /s/  PHILIP KIVES |   |
|----------------------------------------------------------|-------------------------------------------------|--------|
| Philip Kives                                             |
| *Chairman, Chief Executive Officer*                      |
| *(Principal executive officer), President  and Director* |
| November 14,  2003                                       |

 

----
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         100,000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                     454,100,000
<DEPRECIATION>                            (70,600,000)
<TOTAL-ASSETS>                             437,100,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<COMMON>                                         1,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                 214,100,000
<TOTAL-LIABILITY-AND-EQUITY>               437,100,000
<SALES>                                              0
<TOTAL-REVENUES>                           106,100,000
<CGS>                                                0
<TOTAL-COSTS>                               69,600,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          14,600,000
<INCOME-PRETAX>                             27,300,000
<INCOME-TAX>                                 9,600,000
<INCOME-CONTINUING>                         17,700,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                17,700,000
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM JOSTENS,
INC. CONDENSED CONSOLIDATED FINANCIAL STATEMENTS AS OF AND FOR THE THREE MONTH
PERIOD ENDED APRIL 3, 1999, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-01-2000
<PERIOD-START>                             JAN-03-1999
<PERIOD-END>                               APR-03-1999
<CASH>                                               0
<SECURITIES>                                     5,206
<RECEIVABLES>                                  135,331
<ALLOWANCES>                                   (6,479)
<INVENTORY>                                    122,962
<CURRENT-ASSETS>                               298,983
<PP&E>                                         263,599
<DEPRECIATION>                               (173,508)
<TOTAL-ASSETS>                                 426,150
<CURRENT-LIABILITIES>                          360,638
<BONDS>                                          3,600
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        11,502
<OTHER-SE>                                      34,139
<TOTAL-LIABILITY-AND-EQUITY>                   426,150
<SALES>                                        166,358
<TOTAL-REVENUES>                               166,358
<CGS>                                           68,499
<TOTAL-COSTS>                                   68,499
<OTHER-EXPENSES>                                83,302
<LOSS-PROVISION>                                   989
<INTEREST-EXPENSE>                               1,039
<INCOME-PRETAX>                                 13,518
<INCOME-TAX>                                     5,475
<INCOME-CONTINUING>                              8,043
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,043
<EPS-PRIMARY>                                     0.23
<EPS-DILUTED>                                     0.23
        

</TABLE>
#### STATE v. SMALL

No. 15 PC.

Case below: 31 N.C. App. 556.

Petition by defendant for discretionary review under G.S. 7A-31 denied 31 January 1977.
|Exhibit 23


Consent of Independent Auditors


We have issued our report dated
February 14, 2002, accompanying the consolidated financial statements of First M & F
Corporation included in this Annual Report (Form 10-K) for the year ended December 31,
2002. We consent to the incorporation by reference of said report in the Registration
Statements (No. 333-46590 and No. 333-76615) on Form S-8 and the Registration Statement
(No. 333-76611) on Form S-3D.

/s/ Shearer, Taylor & Co., P.A.


Ridgeland, Mississippi Date  February 28, 2003
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 April 23, 2014

s0416

Order 

Clerk

April 23, 2014

147997

ROBERT REEVES,

Plaintiff,

v SC: 147997

AGC: 1628-13

ATTORNEY GRIEVANCE COMMISSION,

Defendant.

_________________________________________/

On order of the Court, the complaint for superintending control is considered and, 

in lieu of granting relief, we DIRECT the Attorney Grievance Commission to provide a 

supplemental answer to the complaint within 28 days after the date of this order, 

explaining in greater and more specific detail its reasons for concluding that AGC File 

No. 1628-13 should be closed. The supplemental answer will be considered part of the 

AGC file and held confidential pursuant to MCR 9.126.

The complaint for superintending control remains pending.
##### 



EXHIBIT 32.1 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section
1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Inter-Tel,
Incorporated (Company), does hereby certify, to such officers knowledge, that: The Annual Report on Form 10-K for the fiscal year ended December 31, 2004 (Form 10-K) of
the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and information contained in the Form10-K fairly presents, in all material
respects, the financial condition and results of operations of the Company. /s/ STEVEN G. MIHAYLODate: March 14, 2005
    
    Steven G. MihayloChairman and Chief Executive Officer (PrincipalExecutive Officer)/s/ KURT R. KNEIPDate: March 14, 2005
    
    Kurt R. Kneip,Senior Vice President and Chief Financial Officer(Principal Financial Officer)
**EXHIBIT 23.2**
**CONSENT OF INDEPENDENT ACCOUNTANTS**
     We hereby consent to the incorporation by reference in theRegistration Statements on Form S-3 (Nos. 333-42773,333-42767) and Form S-8 (Nos. 33-48610, 33-53802, 33-06191,333-45558, 333-45562, 333-66602) of Plains Resources Inc. of ourreport dated February 26, 2003, relating to theconsolidated financial statements of Plains All AmericanPipeline, L.P., which appears in the Plains All AmericanPipeline, L.P.’s Annual Report on Form 10-K for theyear ended December 31, 2002, which is incorporated byreference in this Form 10-K.
PricewaterhouseCoopers LLP
Houston, TexasMarch 28, 2003
**EXHIBIT
      23 - CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING
      FIRM**





**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**





We
      hereby
      consent to the incorporation by reference in the Registration Statements on
      Form
      S-8 (No. 333-140468, No. 333-131848, No. 333-123606, No. 333-112483, No.
      333-83014, No. 333-95615, No. 333-17725, No. 333-05125, No. 33-69782, No.
      33-44481, No. 33-33535, No. 333-52844, No. 333-69955, No. 333-07347, and No.
      333-55816) of MICROS Systems, Inc. of our report dated August 29, 2007 relating
      to the financial statements, financial statement schedule, and the effectiveness
      of internal control over financial reporting, which appears in this Form
      10-K.





[PricewaterhouseCoopers
      LLP (signed)]


Baltimore,
      Maryland


August
      29, 2008





**EXHIBIT
        23 - CONSENT OF VALUATION FIRM**
 
 **CONSENT
        OF VALUATION FIRM**
 
 We
        hereby
        consent to the inclusion in this Form 10-K of references to our valuation
        report
        relating to the estimation of fair value of certain auction rate securities
        held
        by the Company as of June 30, 2008.
 
 /s/Houlihan
                  Smith & Company, Inc.August
                  25, 2008
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                           5,975
<SECURITIES>                                         0
<RECEIVABLES>                                   36,188
<ALLOWANCES>                                     2,592
<INVENTORY>                                     32,915
<CURRENT-ASSETS>                                86,102
<PP&E>                                          24,729
<DEPRECIATION>                                  17,826
<TOTAL-ASSETS>                                 170,427
<CURRENT-LIABILITIES>                           56,099
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,586
<OTHER-SE>                                      89,243
<TOTAL-LIABILITY-AND-EQUITY>                   170,427
<SALES>                                         83,955
<TOTAL-REVENUES>                                83,955
<CGS>                                           64,340
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                19,473
<LOSS-PROVISION>                                   120
<INTEREST-EXPENSE>                             (1,028)
<INCOME-PRETAX>                                  4,351
<INCOME-TAX>                                     (263)
<INCOME-CONTINUING>                              4,088
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,088
<EPS-BASIC>                                     0.72
<EPS-DILUTED>                                     0.72




</TABLE>