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United States District Court

For the Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JOFFREY LAGADIA,

Petitioner,

v.

BEN CURRY, warden,

Respondent. /

No. C 08-4115 SI (pr)

ORDER PERMITTING

SUPPLEMENTAL BRIEFS

A recent en banc decision from the Ninth Circuit addressed important issues relating to federal

review of parole decisions, Hayward v Marshall, No. 06-55392, 2010 WL 1664977 (9th Cir. April 22,

2010) (en banc). The court will provide each party an opportunity to submit a supplemental brief (not

to exceed 15 pages in length) explaining his views of how the Hayward en banc decision applies to this

parole denial habeas case. The court sets the following schedule:

1. No later than May 10, 2010, respondent must send to petitioner a copy of the Hayward

en banc decision. 

2. No later than May 28, 2010, respondent must file and serve any supplemental brief on

the impact of Hayward on this action. 

3. No later than July 2, 2010, petitioner must file and serve any supplemental brief on the

impact of Hayward on this action. 

IT IS SO ORDERED.

DATED: April 27, 2010 

 SUSAN ILLSTON

United States District Judge

Case 3:08-cv-04115-SI Document 5 Filed 04/28/10 Page 1 of 1
Editorial Note on Part 41
Editorial Note: Nomenclature changes to part 41 appear at 71 FR 34521 and 34522, June 15, 2006.

§ 41.59 Professionals under the United States-Mexico-Canada Agreement (USMCA). ( a ) *Requirements for classification as a USMCA professional.* An alien shall be classifiable under the provisions of INA 214(e) if: ( 1 ) The consular officer is satisfied that the alien qualifies under the provisions of that section; and
( 2 ) The alien shall have presented to the consular officer sufficient evidence of an offer of employment in the United States requiring employment of a person in a professional capacity consistent with Section D and Appendix 2 of Annex 16-A of Chapter 16 of the USMCA and sufficient evidence that the alien possesses the credentials of that profession as listed in said appendix; or
( 3 ) The alien is the spouse or child of an alien so classified in accordance with paragraph (a)(2) of this section and is accompanying or following to join the principal alien.
( b ) *Visa validity.* The period of validity of a visa issued pursuant to paragraph (a) of this section may not exceed the period established on a reciprocal basis.
( c ) *Temporary entry.* Temporary entry means an entry into the United States without the intent to establish permanent residence. The alien must satisfy the consular officer that the proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. The circumstances surrounding an application should reasonably and convincingly indicate that the alien's temporary work assignment in the United States will end predictably and that the alien will depart upon completion of the assignment.
( d ) *Labor disputes.* Citizens of Canada or Mexico shall not be entitled to classification under this section if the Secretary of Homeland Security and the Secretary of Labor have certified that: ( 1 ) There is in progress a strike or lockout in the course of a labor dispute in the occupational classification at the place or intended place of employment; and
( 2 ) The alien has failed to establish that the alien's entry will not affect adversely the settlement of the strike or lockout or the employment of any person who is involved in the strike or lockout.
[86 FR 61065, Nov. 5, 2021]
112TH CONGRESS 

2D SESSION H. R. 4347 

AN ACT 

To designate the United States courthouse located at 709 

West 9th Street in Juneau, Alaska, as the ‘‘Robert 

Boochever United States Courthouse’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 4347 EH

1 SECTION 1. DESIGNATION. 

2 The United States courthouse located at 709 West 

3 9th Street in Juneau, Alaska, shall be known and des4 ignated as the ‘‘Robert Boochever United States Court5 house’’. 

6 SEC. 2. REFERENCES. 

7 Any reference in a law, map, regulation, document, 

8 paper, or other record of the United States to the United 

9 States courthouse referred to in section 1 shall be deemed 

10 to be a reference to the ‘‘Robert Boochever United States 

11 Courthouse’’. 

Passed the House of Representatives July 23, 2012. 

Attest: 

Clerk. 

112TH CONGRESS 

2D SESSION H. R. 4347 

AN ACT 

To designate the United States courthouse located 

‘‘Robert Boochever United States Courthouse’’. at 709 West 9th Street in Juneau, Alaska, as the
§ 35.5 Review by the reviewing official. ( a ) If, based on the report of the investigating official under § 35.4(b), the reviewing official determines that there is adequate evidence to believe that a person is liable under § 35.3 of this part, the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to issue a complaint under § 35.7.
( b ) Such notice shall include— ( 1 ) A statement of the reviewing official's reasons for issuing a complaint;
( 2 ) A statement specifying the evidence that supports the allegations of liability;
( 3 ) A description of the claims or statements upon which the allegations of liability are based;
( 4 ) An estimate of the amount of money or the value of property, services, or other benefits requested or demanded in violation of § 35.3;
( 5 ) A statement of any exculpatory or mitigating circumstances that may relate to the claims or statements known by the reviewing official or the investigating official; and
( 6 ) A statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments.
#### United States Mortgage and Trust Company, Respondent, v. Liberty National Bank, Appellant.

Order reversed, with ten dollars costs and disbursements, and motion granted to the extent of modifying the order for the examination before trial by limiting the examination to that of Louis W. Snowies, the assistant cashier of the defendant. The date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice. Present —■ Clarke, P. J., Laughlin, Dowling, Page and Merrell, JJ.
#### § 1006.320 Must I verify that principals of my covered transactions are eligible to participate?

Yes, you as a participant are responsible for determining whether any of your principals of your covered transactions is excluded or disqualified from participating in the transaction. You may decide the method and frequency by which you do so. You may, but you are not required to, check the *EPLS.*
# ,

Pitot Tube Calibration Data SheetDecember 12, 2009 Performed by : Daniel Sloat Pbar(inHg) = 28.17 Standard ID No.: STD-2 5/16 in. O.D.

. ,Cp(std) =,.0.99 S-Type Probe/Pitot ID No.: 

## 38 Configuration: ermanent APEX - Heated Effective Length: 

### 9' Condition: Good t.P std(in. H2O) t.P s (in. H2O) Cp(S) a Deviationb Run 1 0.89 1.28 0.8255 0.0017 Run 2 0.90 1.29 0.8269 0.0031 Run 3 0.89 1.30 0.8191 0.0047 Avg. (A) 

### 0.8239 0.0031

Calibration Date: Reference Pitot Tube: Calibrated Pitot Tube: Probe Description: A-side Calibration

B-side Calibration t.Pstd (in. H2O) t.P s (in. H2O)

Cp(S) a Deviationb Run 1 0.90 1.28 0.8301 0.0022 Run 2 0.90 1.26 0.8367 0.0044 Run 3 0.90 1.28 0.8301 0.0022 Avg. (B) 

### 0.8323 0.0029 aCp(S) = (Cp(std))(--J(t.P std

/ t.P s)) bDeviation = Cp(S)- Cp(s)avg (must be :5 0.01) PASS Avg Cp(s)(A) - Avg Cp(s)(B) = 0.0085 (must be :5 0.01) PASS

Signed: Date: 

## (2-(

## ('"2-{7--=9

## Pitot Tube Calibration Data Sheet 

# ,
Calibration Date: Reference Pitot Tube: Calibrated Pitot Tube: Probe Description: A-side Calibration December 12, 2009 Performed by : Daniel Sloat Pbar(inHg) = 28.17 Standard ID No.: STD-2 5/16 in. O.D. rCp(Sld) =.0.99 S-Type Probe/Pitot ID No.: 

# 42 Configuration: Permanent MILLENIUM - Heated Effective Length: 

### 12' Condition: Good

~PSld(in. H2O)

~Ps (in. H2O)

Cp(S) a Deviationb



## - --- ---- Run 1 0.91 1.25 0.8447 0.0066 Run 2 0.91 1.28 0.847 0.0033 Run 3 0.91 1.28 0.8347 0.0033 Avg. (A) 

### 0.8381 0.0044

B-side Calibration ~P sid(in. H2O) ~Ps (in. H2O)

Cp(S) a Deviationb .- 

## -~--- Run 1 0.88 1.27 0.8241 0.0080 Run 2 0.89 1.26 0.8320 0.0000 Run 3 0.90 1.25 0.400 0.0080 Avg. (B) 

### 0.8321 0.0053 aCp(S) = (Cp(Std))("(~Psid1~PS)) bDeviation = Cp(S) - Cp(s)avg (must be :5 0.01) PASS Avg Cp(s)(A) - Avg Cp(s)(B) = 0.0060 (must be :5 0.01) PASS

Signed:

# ~··6~

- Date: 

# '2-jr2-lZ-=..cl I t

# , Pitot Tube Calibration Data Sheet Calibration Date: December 12, 2009 Performed by : Daniel Sloat Pbar (inHg) = 28.17 Reference Pitot Tube: Standard ID No.: STD-2 5/16 in. O.D.

. ,Cp(Sld)·:::"O.99 Calibrated Pitot Tube: S-Type Probe/Pitot ID No.: 

## 46 Configuration: Permanent Probe Description: MILLENIUM - Heated Effective Length: 

### 12' Condition: Good A-side Calibration t.PsId (in. H2O) t.Ps(in. H2O)

Cp(S) a Deviationb Run 1 0.90 1.25 0.8400 0.0006 Run 2 0.90 1.24 0.8434 0.0040 Run 3 0.91 1.28 0.8347 0.0047 Avg. (A) 

### 0.8394 0.0031

B-side Calibration t.PsId (in. H2O) t.Ps(in. H2O)

Cp(S) a Deviationb 

### ----._-- ---- Run 1 0.91 1.22 0.8550 0.0073 Run 2 0.90 1.24 0.8434 0.0043 Run 3 0.91 1.25 0.8447 0.0030 Avg. (B) 

### 0.8477 0.0049

aCp(S) = (Cp(Sld))(.y(t.P sId

/t.Ps)) bDeviation = Cp(S) - Cp(s)avg Avg Cp(s)(A) - Avg Cp(s)(B) = (must be :5 0.01) (must be :5 0.01) PASS PASS

Date: { "2.-1 

### ("2--/

# ~4
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          APR-01-2000
<PERIOD-START>                             APR-04-1999
<PERIOD-END>                               JUL-03-1999
<CASH>                                         284,279
<SECURITIES>                                         0
<RECEIVABLES>                                   24,797
<ALLOWANCES>                                   (10,000)
<INVENTORY>                                     81,444
<CURRENT-ASSETS>                               694,431
<PP&E>                                       1,998,336
<DEPRECIATION>                                (132,755)
<TOTAL-ASSETS>                               2,561,518
<CURRENT-LIABILITIES>                          530,880
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  1,134,695
<COMMON>                                     4,544,504
<OTHER-SE>                                  (4,747,802)
<TOTAL-LIABILITY-AND-EQUITY>                 2,561,518
<SALES>                                        103,474
<TOTAL-REVENUES>                               103,474
<CGS>                                           62,957
<TOTAL-COSTS>                                   62,957
<OTHER-EXPENSES>                               530,288
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              14,063
<INCOME-PRETAX>                               (506,497)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (506,497)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (506,497)
<EPS-BASIC>                                       0.00
<EPS-DILUTED>                                     0.00


</TABLE>
The Company's Balance Sheet



  
 Exhibit 10.4

 ACCENTIA BIOPHARMACEUTICALS, INC. 
  


					
	 	  	September 30, 
2010
(Unaudited)	 
	 ASSETS
	  			
	 Current assets:
	  			
	 Cash and cash equivalents
	  	$	556,392	  
	 Accounts receivable:
	  			
	 Trade, net of allowance for doubtful accounts of $10,031 at June 30, 2010 and September 30, 2009
	  	 	1,287,366	  
	 Inventories
	  	 	417,087	  
	 Unbilled receivables
	  	 	151,303	  
	 Prepaid expenses and other current assets
	  	 	243,998	  
		  	 	 	 
	 Total current assets
	  	 	2,656,146	  
		
	 Goodwill
	  	 	893,000	  
	 Intangible assets
	  	 	1,083,962	  
	 Furniture, equipment and leasehold improvements, net
	  	 	154,434	  
	 Deferred finance costs, less current portion
	  	 	16,077	  
	 Other assets
	  	 	216,791	  
		  	 	 	 
		  	$	5,020,410	  
		  	 	 	 
	 LIABILITIES
	  			
	 Liabilities not subject to compromise:
	  			
	 Current liabilities:
	  			
	 Accounts payable
	  	$	1,125,877	  
	 Accrued expenses
	  	 	1,791,856	  
	 Unearned revenues
	  	 	263,778	  
	 Notes payable, related parties
	  	 	2,041,005	  
	 Customer deposits
	  	 	134,613	  
	 Derivative liability
	  	 	1,844,200	  
		  	 	 	 
	 Total current liabilities
	  	 	7,201,329	  
		  	 	 	 
	 Liabilities subject to compromise
	  	 	142,886,695	  
	 Total liabilities
	  	 	150,058,024	  
		  	 	 	 
		
	 Commitments and contingencies
	  	 	—  	  
		
	 Series A convertible redeemable preferred stock, $1.00 par value; 8,950 shares authorized; 7,529 shares issued and outstanding at
June 30, 2010 and September 30, 2009
	  	 	7,528,640
#### The People of the State of New York ex rel. Joseph E. Finn, Appellant, v. William F. Schneider, as Clerk of New York County, and Others, Respondents.

Order affirmed, with ten dollars costs and disbursements. No opinion. Present—Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ.
Z yl iy ae
Q fa) YA, YY, tty CY

0 100
§ 401.15 Notice of publication. ( a ) As soon as practicable after an application is presented or transmitted in accordance with § 401.12, the secretary of the section of the Commission appointed by the other Government shall send a copy of the application to such Government.
( b ) Except as otherwise provided pursuant to § 401.19, the secretaries, as soon as practicable after the application is received, shall cause a notice to be published in the Canada Gazette and the Federal Register and once each week for three successive weeks in two newspapers, published one in each country and circulated in or near the localities which, in the opinion of the Commission, are most likely to be affected by the proposed use, obstruction or diversion. Subject to paragraph (c) of this section, the notice shall state that the application has been received, the nature and locality of the proposed use, obstruction or diversion, the time within which any person interested may present a statement in response to the Commission and that the Commission will hold a hearing or hearings at which all persons interested are entitled to be heard with respect thereto.
( c ) If the Commission so directs, the notice referred to in paragraph (b) of this section, appropriately modified, may be combined with the notice of hearing referred to in § 401.24 and published accordingly.
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.19c-3 Governing off-board trading by members of national securities exchanges. The rules of each national securities exchange shall provide as follows: ( a ) No rule, stated policy or practice of this exchange shall prohibit or condition, or be construed to prohibit, condition or otherwise limit, directly or indirectly, the ability of any member to effect any transaction otherwise than on this exchange in any reported security listed and registered on this exchange or as to which unlisted trading privileges on this exchange have been extended (other than a put option or call option issued by the Options Clearing Corporation) which is not a covered security.
( b ) For purposes of this rule, ( 1 ) The term *Act* shall mean the Securities Exchange Act of 1934, as amended.
( 2 ) The term *exchange* shall mean a national securities exchange registered as such with the Securities and Exchange Commission pursuant to section 6 of the Act.
( 3 ) The term *covered security* shall mean ( i ) Any equity security or class of equity securities which ( A ) Was listed and registered on an exchange on April 26, 1979, and
( B ) Remains listed and registered on at least one exchange continuously thereafter;
( ii ) Any equity security or class of equity securities which ( A ) Was traded on one or more exchanges on April 26, 1979, pursuant to unlisted trading privileges permitted by section 12(f)(1)(A) of the Act, and
( B ) Remains traded on any such exchange pursuant to such unlisted trading privileges continuously thereafter; and
( iii ) Any equity security or class of equity securities which ( A ) Is issued in connection with a statutory merger, consolidation or similar plan or reorganization (including a reincorporation or change of domicile) in exchange for an equity security or class of equity securities described in paragraph (b)(3)(i) or (ii) of this rule,
( B ) Is listed and registered on an exchange after April 26, 1979, and
( C ) Remains listed and registered on at least one exchange continuously thereafter.
( 4 ) The term *reported security* shall mean any security or class of securities for which transaction reports are collected, processed and made available pursuant to an effective transaction reporting plan.
( 5 ) The term *transaction report* shall mean a report containing the price and volume associated with a completed transaction involving the purchase or sale of a security.
( 6 ) The term *effective transaction reporting plan* shall mean any plan approved by the Commission pursuant to § 242.601 of this chapter for collecting, processing, and making available transaction reports with respect to transactions in an equity security or class of equity securities.
[45 FR 41134, June 18, 1980, as amended at 70 FR 37618, June 29, 2005]
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 06-314 

________________________________________________________________________ 

DEFENSE 

Assistance 

 Agreement between the 

UNITED STATES OF AMERICA 

and GUATEMALA 

Effected by Exchange of Notes at 

Guatemala December 1, 2005 and January 3, 2006 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
GUATEMALA 

Defense: Assistance 

Agreement effected by exchange of notes at 

 Guatemala December 1, 2005 and January 3, 2006; 

 Entered into force March 14, 2006.
[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Pages 75934-75935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27756]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. chapter 35).

DATES: Consideration will be given to all comments received by January 
19, 2005.
    Title, Form, and OMB Number: Base Realignment and Closure (BRAC) 
Military Base Reuse Status; DD Form 2740; OMB Control Number 0790-0003.
    Type of Request: Extension.
    Number of Respondents: 75.
    Responses Per Respondent: 1.
    Annual Responses: 75.
    Average Burden Per Response: 1 hour.
    Annual Burden Hours: 75.
    Needs and Uses: The information collection requirement is necessary 
to evaluate and measure program performance through civilian job 
creation and type of redevelopment at former military installations. 
The respondents to the annual survey (formerly semi-annual) are the 
single points of contact at the local level responsible for overseeing 
redevelopment efforts. This data is collected to provide OEA accurate 
information regarding civilian reuse of former military bases, and thus 
information on the results of its grant-making. The collected 
information is incorporated into an Annual Report to Congress.
    Affected Public: Business or other for-profit; Federal government; 
State, local or tribal government.
    Frequency: Annually.
    Respondent's Obligation: Voluntary.
    OMB Desk Officer: Mr. Lewis Oleinick.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Oleinick at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.

[[Page 75935]]

    DOD Clearance Officer: Ms. Patricia Toppings.
    Written requests for copies of the information collection proposal 
should be sent to Ms. Toppings., WHS/ESCD/Information Management 
Division, 1225 South Clark Street, Suite 504, Arlington, VA 22202-4326.

    Dated: December 10, 2004.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 04-27756 Filed 12-20-04; 8:45 am]
BILLING CODE 5001-06-M
The Honorable John B. Jones, United States District Judge for the District of 1 South Dakota, sitting by designation. United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-2523

___________ United States of America, * * Plaintiff - Appellant, * * Appeal from the United States v. * District Court for the Western * District of Missouri. Calvin Porter, * * [UNPUBLISHED] Defendant - Appellee. *

___________ Submitted: January 12, 1998 Filed: January 23, 1998

___________ Before BOWMAN, MURPHY, Circuit Judges, and JONES, District Judge. 1

___________ PER CURIAM. Calvin Porter was traveli ng from California to St. Louis when two kilograms of cocaine were discovered in his bag in the luggage compartment of t he bus during a stop in Sp ringfield, Missouri. The district court suppressed the cocaine evidence on th e basis that it had been seized in violation of the fourth amendment, and the United States appealed. We re versed after agreeing with the district court that the law enforcement agent who boarded the bus had reasonable suspicion permitting him to askPorter to step off the bus to identify his luggage but concluding that P orter’s rights were

not violated by seizure of a bag he had abandoned. See United States v. Porter , 107 F.3d 58 2, 584 (8th Cir. 1997). We remanded so that the district court could rule o n Porter’s other motion to suppress based on the alleged failure to inform him of hi s Miranda rights before he mad e certain statements. On remand the district court found th at Porter had been informed of his rights but went on to reexamine the search an d seizure issue and again suppressed the coc aine evidence after changing its earlier view that the agent had reasona

ble suspicion when he asked Porter to step off the bus. The Un ited States appeals once again. The district court erred in reopening a fourt h amendment issue already decided on appeal. See United States v . Bartsh , 69 F.3d 864, 866 (8th Cir. 1995). The order suppressing the cocaine is reversed, and the case i s remanded for further proceedings consistent with the opinions of this court. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
#### § 213.26 Payment of compromised claims.

The CFO normally will not approve a debtor's request to pay a compromised claim in installments. However, where the CFO determines that payment of a compromise by installments is necessary to effect collection, a debtor's request to pay in installments may be approved.