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ORDER ON STIPULATION FOR DISMISSAL - 1

C05-01941-JLR-MAT

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

District Judge James L. Robart

Magistrate Judge Mary Alice Theiler

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

YUSUPHA GAYE, A# 73-679-546

Petitioner,

 v.

ALBERTO R. GONZALES, Attorney General

of the United States; MICHAEL CHERTOFF,

Secretary of the United States Department of

Homeland Security; A. NEIL CLARK, Seattle

Field Office Director, Bureau of Immigration

and Customs Enforcement; WARDEN of

Immigration Detention Facility; and the Bureau

of Immigration and Customs Enforcement,

Respondents. 

No. C05-01941-JLR-MAT

ORDER ON STIPULATION

FOR DISMISSAL

The parties having stipulated and agreed that the Petitioner has been released from

DHS/ICE detention under an Order of Supervision and that this habeas corpus proceeding has

become moot and may be dismissed without prejudice,

IT IS SO ORDERED. 

The Clerk is directed to send copies of this Order to all counsel of record.

DATED this 3rd day of January, 2006.

s/James L. Robart

 

JAMES L. ROBART

United States District Judge

Case 2:05-cv-01941-JLR-MAT Document 13 Filed 01/03/06 Page 1 of 2
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ORDER ON STIPULATION FOR DISMISSAL - 2

C05-01941-JLR-MAT

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Recommended for Entry

this 3rd day of January, 2006.

s/ Mary Alice Theiler 

United States Magistrate Judge

Presented by:

s/Christopher L. Pickrell 

CHRISTOPHER L. PICKRELL

WSBA # 12787

Assistant United States Attorney

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

Telephone: (206) 553-7970

Fax: (206) 553-4073

E-mail: chris.pickrell@usdoj.gov

Attorney for Respondents

Case 2:05-cv-01941-JLR-MAT Document 13 Filed 01/03/06 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM THE FINANCIAL
STATEMENTS OF CATHERINES STORES CORPORATION FOR THE QUARTER ENDED AUGUST 2,
1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000875194
<NAME> CATHERINES STORES CORPORATION
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-START>                              FEB-2-1997
<PERIOD-END>                                AUG-2-1997
<CASH>                                           3,494
<SECURITIES>                                         0
<RECEIVABLES>                                    2,256
<ALLOWANCES>                                         0
<INVENTORY>                                     46,173
<CURRENT-ASSETS>                                57,810
<PP&E>                                          65,187
<DEPRECIATION>                                (29,073)
<TOTAL-ASSETS>                                 120,531
<CURRENT-LIABILITIES>                           34,445
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        46,535
<OTHER-SE>                                         050
<TOTAL-LIABILITY-AND-EQUITY>                   120,531
<SALES>                                        141,632
<TOTAL-REVENUES>                               141,632
<CGS>                                           97,231
<TOTAL-COSTS>                                   97,231
<OTHER-EXPENSES>                                38,893
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 650
<INCOME-PRETAX>                                  4,857
<INCOME-TAX>                                     1,989
<INCOME-CONTINUING>                              2,868
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
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<NET-INCOME>                                     2,868
<EPS-PRIMARY>                                    $0.40
<EPS-DILUTED>                                    $0.40
        

</TABLE>
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ORDER DISMISSING CASE

[MS06-5001-FDB-KLS] - 1 UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

District Judge Burgess

Magistrate Judge Strombom

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

UNITED STATES OF AMERICA, )

) NO. MS06-5001-FDB-KLS

Petitioner, )

 )

v. )

) ORDER DISMISSING CASE

MARCIA BOZARTH, )

)

Respondent. ) )

The United States’ Motion to Withdraw Petition and Dismiss Case is GRANTED. 

The above-captioned case is hereby dismissed.

DATED this 6th day of February, 2006.

A

FRANKLIN D. BURGESS

United States District Judge

s/Kristin B. Johnson 

KRISTIN B. JOHNSON WSBA # 28189

Assistant United States Attorney

Attorney for Petitioner

Case 3:06-mc-05001-FDB-KLS Document 8 Filed 02/06/06 Page 1 of 1
No. 63346.

protest 323549-K (New York).

#### The Nestle Co., Inc. *v.*United States,

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of soup mixes similar in all material respects to those the subject of Cresca *Co., Inc.*v. *United States*(38 Cust. Ct. 211, C.D. 1864), the claim of the plaintiff was sustained.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7193

DAVID A. DAVIS,

Plaintiff - Appellant,

versus

PAUL J. DAVIS, Parole Chairman; RICHARD A.

LANHAM, Commissioner of Corrections; THOMAS R.

CORCORAN, Warden; THOMAS PASSARO, Facility

Administrator; DAYENA CORCORAN, Acting

Supervisor,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. J. Frederick Motz, Chief District Judge;

Frederic N. Smalkin, District Judge. (CA-95-870-S)

Submitted: December 14, 1995 Decided: January 23, 1996

Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David A. Davis, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Glenn William Bell, OFFICE OF THE ATTORNEY GENERAL OF

MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

relief on his action which was styled as a 28 U.S.C. § 2254 (1988)

petition, but construed by the district court as a civil rights

complaint filed pursuant to 42 U.S.C. § 1983 (1988). We have

reviewed the record and the district court's opinion and find no

reversible error. Accordingly, we affirm on the reasoning of the

district court. Davis v. Davis, No. CA-95-870-S (D. Md. July 18,

1995). 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.

AFFIRMED
AIR-09-331-E

August 25, 2010 Exempt ion No. 10120 Regul atory Docket No. FAA-2009-0673

Mr. Emilio López Alemany Managing Director ELA Aviación, S.L. Pol. Ind. El Blanquillo 34 14290 Fuente Obejuna Córdoba, Spain

Dear Mr. Alemany:

This letter is to inform you that we have denied yo ur petition for exemption. It transmits our decision and explains its basis.

The Basis for Our Decision

By letter dated July 17, 2009, you petitioned the F ederal Aviation Administration (FAA) on behalf of ELA Aviación, S.L. for an exemption from §§ 21.191(i)(3) and 21.193 (e)(1) of Title 14, Code of Federal Regulations (14 CFR). Th e proposed exemption, if granted, would allow ELA Aviación, S.L. to produce and sell gyropl anes for certification under § 21.191(i) without previously having manufactured and assemble d a gyroplane of the same make and model that has been issued a special airworthiness certificated in the light-sport category under § 21.190.

The FAA has determined that good cause exists for n ot publishing a summary of the petition in the Federal Register

because the requested exemption would not set a pr ecedent, and any delay in acting on this petition would be detriment al to ELA Aviación, S.L.

The FAA recently issued a denial of exemption in ci rcumstances similar in all material respects to those presented in your petition. In D enial of Exemption No. 10099 (copy enclosed), the FAA did not believe it is in the pub lic interest to permit a manufacturer to sell a make and model of gyroplane (or aircraft kit), elig ible for the issuance of an experimental2

certificate in the light-sport category, if that ma nufacturer has not yet produced a gyroplane of that make and model that meets the accepted consens us standards.

Having reviewed your reasons for requesting an exem ption, I find that—

• they don’t differ materially from those presented b y the petitioner in the enclosed denial of exemption;

• the reasons stated by the FAA for denying the enclo sed exemption also apply to the situation you present; and

• a grant of exemption would not be in the public int erest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 an d 44701, which the FAA Administrator has delegated to me, I hereby deny your petition EL A Aviación, S.L. for an exemption from 14 CFR §§ 21.191(i)(3) and 21.193(e)(1).

Sincerely,

/s/

K.C. Yanamura Acting Director, Aircraft Certification Service

Enclosure
Materials Not Included in

Airworthiness Directive (AD) Docket

 Docket Number: FAA-2013-1028

 Directorate Identifier: 2013NM068AD

A71N001-12, R1 --- 8/9/12

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the 

Supplemental AD Docket

MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW.,

Renton, WA 98057

425.227.1221

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

Form Date: 03/05/2008
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





In connection with the Annual Report of
SK Shasta Acquisition Corp. 3 (the "Company") on Form 10-K for the fiscal year
ended April 30, 2009 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Kurt Pichler, certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to
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.





/s/ Kurt PichlerKurt
      PichlerPrincipal
      Executive OfficerJuly
      21, 2009
**EXHIBIT      32**

**CERTIFICATION      OF PRINCIPAL EXECUTIVE OFFICER AND **

**PRINCIPAL      FINANCIAL OFFICER **

**PURSUANT      TO 18 U.S.C. SECTION 1350 **

**AS      ADDED BY SECTION 906 OF THE **

**SARBANES-OXLEY      ACT OF 2002**

|   | 1. | The                Report fully complies with the requirements of Section 13(a) or 15(d)                of                the Securities Exchange Act of                1934. |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | To                my knowledge, the information contained in the Report fairly presents,                in                all material respects the financial condition and results of operations                of                Union National as of the dates and for the periods expressed in the                Report. |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By                                   | /s/                Mark D. Gainer                                |
|--------------------------------------|------------------------------------------------------------------|
|                                 | Chairman,                CEO, and President                      |
|                                 |                                                             |
| Date:                August 14, 2008 |
|                                 |                                                             |
| By                                   | /s/                Michael D. Peduzzi                            |
|                                 | Senior                Vice President and Chief Financial Officer |
|                                 |                                                             |
| Date:                August 14, 2008 |

----
IV 

110TH CONGRESS 

1ST SESSION H. RES. 641 

Acknowledging the importance of understanding the history of the United 

States of America and recognizing the need to foster civic responsibility 

in all citizens. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 7, 2007 

Mr. MCHENRY submitted the following resolution; which was referred to the 

Committee on Oversight and Government Reform 

RESOLUTION 

Acknowledging the importance of understanding the history 

of the United States of America and recognizing the 

need to foster civic responsibility in all citizens. 

Whereas we celebrate the 220th Anniversary of the signing 

of the Constitution of the United States of America in 

September 2007; 

Whereas historical documents such as the Declaration of 

Independence, the Constitution of the United States of 

America, and the Bill of Rights should be the foundations 

of an education in American history and the guidelines 

for civic responsibility; and 

Whereas every citizen has a duty to family, school, and community to participate as civic leaders and promote the teVerDate Aug 31 2005 06:42 Sep 08, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR641.IH HR641

cnoel on PRODPC60 with BILLS
2 

•HRES 641 IH 

nets embodied in our founding documents: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) acknowledges the importance of under3 standing the history of the United States of Amer4 ica; and 

5 (2) recognizes the need to foster civic responsi6 bility in all citizens. 

Æ 


cnoel on PRODPC60 with BILLS
H. Res. 518 

In the House of Representatives, U. S., 

September 17, 2007. 

Whereas Malaysia is a multi-religious and multi-racial democracy in Southeast Asia that is important to the United 

States’ strategic interests; 

Whereas Malaysia is one of the United States’ key allies in 

efforts to combat international terrorism, and it condemns all terrorism, regardless of its cause or objectives; 

Whereas the Prime Minister of Malaysia, Datuk Seri 

Abdullah Ahmad Badawi, has condemned those seeking 

to incite race and religious hatred, including anti-Semitism; 

Whereas Malaysia has taken a leading regional role in 

counter-terrorism and counter-narcotics in Southeast 

Asia, through intelligence sharing, close cooperation in 

law enforcement, participation in joint exercises and 

training, and other cooperative efforts with its neighboring countries and the United States; 

Whereas Malaysia is the United States’ 10th largest trading 

partner, and the two countries have signed a Trade and 

Investment Framework Agreement; 

Whereas Malaysia has consistently been a favored destination 

of American investment due to its competitive advantages, including good infrastructure, a highly-trained, 
2 

•HRES 518 EH 

educated, and multilingual workforce, and a businessfriendly government; 

Whereas the Malaysian Constitution guarantees gender 

equality, and the many accomplishments of Malaysian 

women evidence Malaysia’s commitment to the advancement of women’s social, economic, and legal status; 

Whereas Malaysia was ruled by the United Kingdom until 

1957; 

Whereas Malaysia gained independence from the United 

Kingdom on August 31, 1957; and 

Whereas August 31, 2007, is the 50th anniversary of Malaysia’s independence, as well as the United States-Malaysia 

relationship: Now, therefore, be it 

Resolved, That the House of Representatives— 

(1) recognizes the 50th anniversary of Malaysia’s 

independence; 

(2) expresses congratulations to Malaysia on reaching this national milestone; and 

(3) expresses its support for an ongoing strong bilateral relationship between the United States and Malaysia and the continued cooperation of the two countries 

in such important areas as counter-terrorism, counternarcotics, and trade. 

Attest: 

Clerk.
#### UNITED STATES of America, Plaintiff-Appellee, v. Carlos MEJILLA-HERNANDEZ, also known as Clovis Andres Reyes, Defendant-Appellant.

No. 04-20872.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided June 22, 2005.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, Philip G. Gallagher, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM: *

Carlos Mejilla-Hernandez appeals his sentence imposed following his guilty plea *251to illegal reentry after deportation. He was sentenced to 29 months of imprisonment and three years of supervised release. He argues that, in light of *United States v. Booker,*— U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), his sentence is invalid because the district court applied the sentencing guidelines as if they were mandatory. Because Mejilla-Hernandez did not raise this issue in the district court, we review it only for plain error. *United States v. Mares,*402 F.3d 511, 513, 520-22 (5th Cir.2005), *petition for cert. filed*(Mar. 31, 2005) (No. 04-9517); *United States v. Valenzuela-Quevedo,*407 F.3d 728, 732 (5th Cir.2005); *United States v. Malveaux,*411 F.3d 558, 559 n. 9 (5th Cir.2005).

As Mejilla-Hernandez concedes, he is unable to establish plain error with regard to his *Booker*claim because he cannot establish that being sentenced under a mandatory guidelines scheme affected his substantial rights. The record does not indicate that the district court “would have reached a significantly different result” under a sentencing scheme in which the guidelines were advisory only. *See Mares,*402 F.3d at 520-22; *Valenzuela-Quevedo,*407 F.3d at 733-34.

Mejilla-Hernandez also asserts that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(a) and (b) are unconstitutional. He acknowledges that his argument is foreclosed, but he seeks to preserve the issue for possible Supreme Court review in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and *Shepard v. United States,*— U.S. -, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). This issue is foreclosed. *See Almendarez-Torres v. United States,*523 U.S. 224, 247, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998); *United States v. Dabeit,*231 F.3d 979, 984 (5th Cir.2000).

Accordingly, the judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *251the limited circumstances set forth in 5th Cir. R. 47.5.4.
The Honorable George F. Gunn, Jr., United States District

1

Judge for the Eastern District of Missouri, adopting the report and

recommendation of the Honorable Lawrence O. Davis, United States

Magistrate Judge for the Eastern District of Missouri.

___________

No. 95-3200

___________

Kenneth B. Jones, *

 *

Appellant, *

 * Appeal from the United States

v. * District Court for the

 * Eastern District of Missouri.

United States of America, *

 * [UNPUBLISHED]

Appellee. *

___________

 Submitted: March 1, 1996 

 Filed: March 7, 1996

___________

Before McMILLIAN, WOLLMAN, and MURPHY, Circuit Judges.

___________

PER CURIAM.

Kenneth B. Jones appeals from the district court's order denying his 1

28 U.S.C. § 2255 motion. After de novo review, we affirm.

In 1993, Jones pleaded guilty to an information charging him with

attempting to possess with intent to distribute fifteen kilograms or more

of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. In accordance

with the parties' stipulations, the district court sentenced Jones to 151

months imprisonment and five years supervised release, and ordered Jones

to pay a $5,000
-2-

fine; Jones did not appeal.

In 1994, Jones filed this section 2255 motion arguing, among other

things, that the district court erred by assessing a firearm enhancement

pursuant to U.S.S.G. § 2D1.1(b)(1); that his prosecution and conviction for

the drug offense was barred on double jeopardy grounds based on the

uncontested administrative forfeiture of $43,100; and that trial counsel

was ineffective for failing to raise these issues on direct appeal. The

district court denied Jones's motion on the merits.

We have repeatedly stated that "[a] defendant who explicitly and

voluntarily exposes himself to a specific sentence may not challenge that

punishment on appeal." United States v. Nguyen, 46 F.3d 781, 783 (8th Cir.

1995) (citing United States v. Durham, 963 F.2d 185, 187 (8th Cir.), cert.

denied, 506 U.S. 1023 (1992), and United States v. Fritsch, 891 F.2d 667,

668 (8th Cir. 1989)). Here, the record shows that at sentencing James

explicitly and voluntarily stipulated to a 151-month sentence. Because the

firearm enhancement claim Jones now asserts directly challenges that

sentence, we conclude he is foreclosed from raising it. We also conclude

that Jones's double jeopardy claim is foreclosed by this court's opinion

in United States v. Clementi, 70 F.3d 997, 1000 (8th Cir. 1995).

Accordingly, we need not consider whether Jones was denied effective

assistance. See Dyer v. United States, 23 F.3d 1424, 1426 (8th Cir. 1994)

(no ineffective assistance if claim defendant alleges counsel should have

pursued is meritless).

Finally, we will address neither the claims Jones raises for the

first time on appeal, see Thomas v. United States, 27 F.3d 321, 325 (8th

Cir. 1994), nor the issue raised for the first time in his reply brief, see

Falco Lime, Inc. v. Tide Towing Co., 29 F.3d 362, 367 n.6 (8th Cir. 1994).

The judgment is affirmed.
-3-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.