alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 96-4909 ASHLEY RICHARD FOLEY, Defendant-Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, District Judge. (CR-96-36-MU) Submitted: July 24, 1997 Decided: August 4, 1997 Before HAMILTON, LUTTIG, and MOTZ, Circuit Judges.

_________________________________________________________________ Dismissed by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL Aaron E. Michel, Charlotte, North Carolina, for Appellant. Mark T. Calloway, United States Attorney, David C. Keesler, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.

_________________________________________________________________ Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).

_________________________________________________________________OPINION PER CURIAM: Ashley Foley pled guilty to one count of bank robbery under 18 U.S.C. § 2113(a) (1994). He seeks to appeal his 41-month sentence,contending that the district court erred by refusing to depart downward. Foley filed a motion for a downward departure on the basis of his allegedly diminished capacity, citing the United States Sentencing Commission, Guidelines Manual § 5K2.13 (Nov. 1995). After hearing argument on the motion, the district court concluded that Foley was not entitled to a downward departure and denied the motion. A sentencing court's discretionary decision not to depart from the guidelines range is not subject to appellate review. See United States v. Bayerle , 898 F.2d 28, 31 (4th Cir. 1990). However, if the court bases its decision not to depart on a perceived lack of legal authority, its decision is a legal one, which is reviewed de novo. See United States v. Hall , 977 F.2d 861, 863 (4th Cir. 1992). Here, the district court stated its finding that Foley had committed bank robbery using an apparently dangerous weapon. On that finding, the district court concluded that Foley had committed a "crime of violence" and was not, therefore, entitled to a departure. See United States v. Weddle , 30 F.3d 532, 537-40 (4th Cir. 1994). The court expressed no desire todepart. We find that the court exercised its sound discretion in deciding not to depart. We therefore determine that the district court's decision is not subject to appellate review 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
2
<PAGE>

                                 Exhibit 99.1







                             THE WISER OIL COMPANY
               8115 Preston Road, Suite 400, Dallas, Texas 75225
                    Phone: 214/265-0080   Fax: 214/891-9645

                                                            Page 1 of 1.

                                 NEWS RELEASE


For Immediate Release: November 20, 2000                For Further Information:
                                                                      Rick Davis
                                                        Telephone:  214/265-0080
                                                    E-mail:  rdavis@wiseroil.com

             THE WISER OIL COMPANY ANNOUNCES PAYMENT OF PREFERRED
                        DIVIDENDS AND EXTENSION OF TIME

Dallas, Texas, November 20, 2000 -- The Wiser Oil Company (NYSE:  WZR) announced
that its Board of Directors approved the payment of dividends on the Series C
Preferred Stock for the second quarter and third quarter of 2000 totaling
$368,219.  The annual dividend rate on the Series C Convertible Preferred Stock
is 7% and is payable in either cash or shares of Wiser's common stock.  The
Company has elected to pay the full dividend amount by issuing 80,944 shares of
Wiser's common stock.

The Board of Directors also approved an extension of time, from November 25,
2000 to May 25, 2001, for Wiser Investment Company to purchase an additional $10
Million of Series C Convertible Preferred Stock.


Organized in 1905, Wiser is an independent energy company engaged in
exploration, production and acquisition of crude oil and natural gas reserves
primarily in the United States and Canada.

Some matters set forth herein are forward-looking statements that involve
certain risks and uncertainties that could cause actual results to differ
materially from those in the forward-looking statements. Potential risks and
uncertainties include such factors as oil and gas prices, well completions and
production levels within estimated ranges. Investors are directed to consider
other risks and uncertainties discussed in documents filed by the Company with
the Securities and Exchange Commission.

                                     -END-
<PAGE>

                                                                    EXHIBIT 99.1

                             FOR IMMEDIATE RELEASE

         IP AXESS SELECTS DELOITTE & TOUCHE AS NEW INDEPENDENT AUDITORS

     PLANO, TX, Jan. 10 -- IP AXESS (NASDAQ: RACE) announced today that it has
hired Deloitte & Touche LLP to serve as the company's independent auditors.

About IP AXESS

     DATA RACE, Inc., is currently doing business as IP AXESS.  At the annual
meeting of the company's shareholders, held on November 9, 2000, shareholders
approved the formal change of the corporate name of the company to IP AXESS,
Inc.   Based in Plano, Texas, with an office in San Antonio, Texas, IP AXESS
(www.ipaxess.com) provides integrated IP-based remote-work solutions over
 ---------------
multiple access media.  The company's VocalWare IP client/server product line
provides users in remote locations with simultaneous access to critical
corporate resources including phone, fax, Internet, and e-mail over a single
connection: xDSL, cable modem, LAN, Frame Relay, ATM or high-speed dial-up
through VPN, local ISP POP, or PSTN.

                                    - more -
<PAGE>

     IP AXESS, 6509 Windcrest Dr., Suite 120, Plano, TX 75024, U.S.A., Tel: 800-
749-7223, Fax:  210-263-2075, www.ipaxess.com, info@ipaxess.com

     DATA RACE and the DATA RACE logo are trademarks of DATA RACE, Inc.
registered in the U.S. Patent and Trademark Office. IP AXESS, the IP AXESS logo,
VocalWare, VocalWare RealPhone, VocalWare Turbo, Telepresence and Flexwork are
trademarks of  DATA RACE, Inc.
<PAGE>

                                                                    Exhibit 12.9

             Coral Reserves 1993 Institutional Limited Partnership
               Calculation of Ratio of Earnings to Fixed Charges


<TABLE>
<CAPTION>
                                                                                                              Three months ended
                                                     Years ended December 31,                                     March 31,
                                                     ------------------------                                     ---------
                                   1995           1996           1997           1998           1999         1999             2000
                                   ----           ----           ----           ----           ----         ----             ----
Earnings
--------
<S>                              <C>             <C>            <C>           <C>            <C>          <C>              <C>
Pre-tax Income                   275,148         447,545        472,671       109,026        259,690       30,176           87,471
Add: Interest Expense                  -          14,852         19,631        25,336         31,145        8,922            8,315
                                 -------         -------        -------       -------        -------      -------          -------
                                 275,148         462,397        492,302       134,362        290,835       39,098           95,786



Fixed Charges
-------------
Interest Expense                       -          14,852         19,631        25,336         31,145        8,922            8,315
                                 -------         -------        -------       -------        -------      -------          -------




Ratio of earnings to
  fixed charges                       (1)         31.1:1         25.1:1         5.3:1          9.3:1        4.4:1           11.5:1
</TABLE>


(1) Not applicable since CR93-I incurred no interest expense or other fixed
charges.
Exhibit 31.1

CERTIFICATION

I,
Elizabeth Wood, certify that:

l.  I
have reviewed this annual report on Form 10-K, and all reports on Form 10-D required to be
filed in respect of the period covered by this report on Form 10-K of College Loan
Corporation Trust I (the Exchange Act periodic reports);

2.  Based on my knowledge, the Exchange Act periodic reports, taken as a whole,
do 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, all of the distribution,
servicing and other information required to be provided under Form 10-D for the period
covered by this report is included in the Exchange Act periodic reports;

4.  Based on my knowledge and the servicer compliance
statements required in this report under Item 1123 of Regulation AB, and except as
disclosed in the Exchange Act periodic reports, the servicers have fulfilled their
obligations under the servicing agreement in all material respects with the exception of
ACS Education Services noncompliance with servicing criterion 1122(d)(1)(iv) which is
detailed in their Statement of Compliance.

5.  All the
reports on assessment of compliance with servicing criteria for asset-backed securities
and their related attestation reports on assessment of compliance with servicing criteria
for asset-backed securities required to be included in this report in accordance with Item
1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an
exhibit to this report, except as otherwise disclosed in this report. Any material
instances of noncompliance described in such reports have been disclosed in this report on
Form 10-K.

In
giving the certifications above, I have reasonably relied on information provided to me by
the following unaffiliated parties: ACS Educational Services, Inc., Great Lakes
Educational Loan Services and Deutsche Bank Trust Company Americas.

Date:  3/29/07

| | /s/ Elizabeth Wood
Elizabeth Wood
Chief Financial Officer
College Loan LLC
Senior Officer in Charge of Securitization
| | ---------------------------------------------------------------------------------------------------------------------
ex10-49.htm



EXHIBIT 10.49




 



PROMISSORY NOTE EXTENSION AGREEMENT


 




	$250,000.00  	April 30, 2014












For value received, Guardian 8 Holdings, a Nevada corporation (the “Maker”) promised to pay to Kansas Resource Development Company, or its registered assigns or successors in interest (the “Holder”) the Principal Amount and Interest (both as defined below) in the manner and upon the terms and conditions as set forth in that Term Note (“Note”) in the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), dated September 19, 2013, which Note becomes due and payable on or about April 30, 2014.







By execution by the parties herein, this Promissory Note Extension Agreement extends the Maturity Date of the Note to and including July 15, 2014. All terms and conditions of the Note shall remain the same other than the Maturity Date.







IN WITNESS WHEREOF, Maker and Holder have caused this Promissory Note Extension Agreement to be executed and delivered as of the day and year first above written.







“Maker”


Guardian 8 Holdings


a Nevada corporation

















By: /s/ C. Stephen Cochennet                                                                          


                                                                       C. Stephen Cochennet, Chief Executive Officer







“Holder”







Kansas Resource Development Company












By: /s/ George Shuck                                                                          


      George Shuck, CFO
#### Leslie L. CRAIG and Marjorie L. Craig et al., Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Oct. 26, 1973.

Rehearing Denied Feb. 8, 1974.

Jerry W. Nall, Nall & Stephens, Owens-boro, for appellants.

Gene Lanham, Owensboro, Perry M. Lewis, Madisonville, Carl T. Miller, Jr., Gen. Counsel, Highways, Frankfort, for appellee.

Appeal from Webster Circuit Court; Faust Y. Simpson, Judge.

Memorandum Opinion of the Court by Justice MILLIKEN, Affirming*
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   MAR-31-1997
<CASH>                                           3,011,184
<SECURITIES>                                             0
<RECEIVABLES>                                      326,284
<ALLOWANCES>                                        53,000
<INVENTORY>                                        388,975
<CURRENT-ASSETS>                                 4,481,074
<PP&E>                                             194,114
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                   4,703,839
<CURRENT-LIABILITIES>                              775,164
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                            21,875
<OTHER-SE>                                       6,433,848
<TOTAL-LIABILITY-AND-EQUITY>                     4,703,839
<SALES>                                            182,341
<TOTAL-REVENUES>                                   182,341
<CGS>                                               41,944
<TOTAL-COSTS>                                       41,944
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                  31,691
<INCOME-PRETAX>                                          0
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                              (698,985)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                     (698,985)
<EPS-PRIMARY>                                       (.033)
<EPS-DILUTED>                                            0
                                               


</TABLE>
Motion Granted; Appeal Dismissed and Memorandum Opinion filed October 20,

2011

.

In The



## Fourteenth Court of Appeals

____________
NO. 14

- 11

- 0 0 365

- CV

____________ LJR SERVICES, L.L.C., GENERAL PARTNER OF CORPORATE FINANCE PARTNERS, L.P., D/B/A CORPORATE FINANCE ASSOCIATES , Appellant

V.

JOHN SIMONETTI , Appellee

On Appeal from the 152nd District Court

Harris County, Texas Trial Court Cause No. 2008

- 06663A



### M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed March 25, 2011 . On October 12

, 2011

, appellant filed a motion to dismiss the appeal. See Tex. R. App

. P. 42.1. The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Brown, Boyce, and McCally.
<PAGE>
                                                                    Exhibit 23.1

                          Independent Auditors' Consent

The Board of Directors
Platinum Underwriters Holdings, Ltd.:

We consent to the incorporation by reference in the registration statement (No.
333-104257) on Form S-8 of Platinum Underwriters Holdings, Ltd. and subsidiaries
("Platinum") of our report dated March 5, 2004, with respect to the consolidated
balance sheets of Platinum as of December 31, 2003 and 2002, and the related
consolidated statements of income and comprehensive income, shareholders' equity
and cash flows for the year ended December 31, 2003, and the period April 19,
2002 (date of inception) to December 31, 2002, and all related financial
statement schedules, which report appears in the December 31, 2003, annual
report on Form 10-K of Platinum.

                  /s/ KPMG LLP


New York, New York
March 15, 2004
<PAGE>

                                                                      EXHIBIT 32

                    CERTIFICATION OF CEO AND CFO 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 on Form 10-K of Packaging Dynamics
Corporation (the "Company") for the fiscal year ended December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
Frank V. Tannura, as Chief Executive Officer of the Company, and Patrick T.
Chambliss, as Chief Financial Officer of the Company, each hereby certifies,
pursuant to 18 U.S.C. sec. 1350, as adopted pursuant to sec. 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of his 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.

                                          /s/ FRANK V. TANNURA
                                          --------------------------------------
                                          Name: Frank V. Tannura
                                          Title:   Chief Executive Officer
                                          Date:   March 31, 2005

                                          /s/ PATRICK T. CHAMBLISS
                                          --------------------------------------
                                          Name: Patrick T. Chambliss
                                          Title:   Chief Financial Officer
                                          Date:   March 31, 2005

     This certification accompanies the Report pursuant to sec. 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
sec.18 of the Securities Exchange Act of 1934, as amended.

     A signed original of this written statement required by sec. 906 has been
provided to Packaging Dynamics Corporation and will be retained by Packaging
Dynamics Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.

                                        72
Case 1:11-cv-02755-JLK-KMT Document 100 Filed 12/20/13 USDC Colorado Page 1 of 1
Exhibit 31.1

                                 CERTIFICATION

I, Charles M. Weaver, certify that:

     1.   I have reviewed this annual report on Form 10-K in respect of the
          Corporate Backed Trust Certificates, Kinder Morgan Debenture-Backed
          Series 2002-6 Trust (the "Trust") and all reports on Form 8-K
          containing distribution or servicing reports of the Trust filed in
          respect of periods included in the year covered by this annual
          report of the Trust;

     2.   Based on my knowledge, the information in these reports, taken as a
          whole, 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 as of the last day of the period covered by this
          annual report;

     3.   Based on my knowledge, the distribution or servicing information
          required to be provided to the Depositor by the Trustee under the
          pooling and servicing or similar agreement, for inclusion in these
          reports is included in these reports; and

     4.   I am responsible for reviewing the activities performed by the
          Depositor and the Trustee under the pooling and servicing or similar
          agreement and based upon my knowledge and the annual compliance
          review required under that agreement, and except as disclosed in the
          reports, the Depositor and Trustee have each fulfilled its
          obligations under that agreement.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated party: U.S. Bank Trust National
Association, as Trustee.

Date: March 27, 2006


         /s/ CHARLES M. WEAVER
----------------------------------------
Charles M. Weaver, Senior Vice President