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1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

KELON MICHEAL WILLIAMS,

Petitioner, No. CIV S-04-2284 GEB DAD P

vs.

D.L. RUNNELS, et al.,

Respondents. ORDER

 /

The docket for this case reflects that on October 20, 2005, petitioner’s copy of the

court’s September 21, 2005 order was returned by the postal service marked “Released 09/28/05”

and “Unable to forward.” On October 25, 2005, the undersigned recommended that this action

be dismissed for petitioner’s apparent failure to keep the court apprised of his current address. 

Petitioner has filed objections in which he states that he is still located at High Desert State

Prison and that any order returned to the court must have been returned in error by prison staff.

Good cause appearing, IT IS HEREBY ORDERED that:

1. This court’s findings and recommendations filed October 25, 2005, are

vacated;

2. The Clerk is directed to re-serve a copy of the court’s September 21, 2005

order upon petitioner at his address of record; and

Case 2:04-cv-02284-GEB-DAD Document 27 Filed 11/15/05 Page 1 of 2
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3. Petitioner’s traverse to respondents’ answer shall be filed with the court and

served on respondents’ counsel within thirty days from the date of this order.

DATED: November 14, 2005.

DAD:13

will2284.vac

Case 2:04-cv-02284-GEB-DAD Document 27 Filed 11/15/05 Page 2 of 2
# C_2007141EN.01002801.xml

| 26.6.2007 | EN | Official Journal of the European Union | C 141/28 |
| --- | --- | --- | --- |

26.6.2007

EN

Official Journal of the European Union

C 141/28

---

Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Modification by Italy of the public service obligation in respect of the following scheduled air services: Trapani-Rome, Trapani-Milan, Trapani-Bari and Trapani-Cagliari

(Text with EEA relevance)

(2007/C 141/13)

In accordance with Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (1), the Italian Government has decided to amend the public service obligation in respect of the following scheduled air services: Trapani-Rome, Trapani-Milan, Trapani-Bari and Trapani-Cagliari, published in
  Official Journal of the European Union C 150, 28.6.2006, p. 48, concerning point 2.4 on the fares applicable to these routes.

1

Official Journal of the European Union

In accordance with point 2.4(b) of the public service obligation, the fares are revised as follows:

| Route | Revised fare |
| --- | --- |
| Trapani-Rome and vice versa | EUR 67 |
| Trapani-Milan and vice versa | EUR 84 |
| Trapani-Bari and vice versa | EUR 56 |
| Trapani-Cagliari and vice versa | EUR 67 |

Route

Revised fare

Trapani-Rome and vice versa

EUR 67

Trapani-Milan and vice versa

EUR 84

Trapani-Bari and vice versa

EUR 56

Trapani-Cagliari and vice versa

EUR 67

The other requirements of the public service obligation published in OJ C 150, 28.6.2006, p. 48, remain unchanged.

---

(1)  OJ L 240, 24.8.1992, p. 8.

1

---
No. 41821.

#### Protest 111920-G of Fred'k Loeser & Co., Inc. (New York).

Opinion by

Tilson, J.

In accordance with stipulation of counsel and following *United States*v. *Amrein*(26 C. C. P. A. 353, C. A. D. 40) the Normandy laces in question were held dutiable at 75 percent under paragraph 1430 as claimed.
EXHIBIT 32.01

CERTIFICATION

Pursuant
to the requirements set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and Section 1350 of
Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350), Paul L. Berns, the President and Chief Executive Officer of Allos
Therapeutics, Inc., and David C. Clark, the Vice President, Finance of Allos Therapeutics, Inc. (the "Company"), each hereby certifies that, to the best of his
knowledge:

Dated:
March 3, 2011

/s/ Paul L. Berns Paul L. Berns
President and Chief Executive Officer
(Principal Executive Officer)/s/ David C. Clark David C. Clark
Vice President, Finance and Treasurer
(Principal Financial and Accounting Officer)


A
signed original of this written statement has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its Staff upon
request. This certification "accompanies" the Form 10-K to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by
reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the
Form 10-K), irrespective of any general incorporation language contained in such filing.

---



QuickLinks
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.                  

###### Department of the Interior

###### Bureau of Land Management 

          - [CA-169-1220-AL] 

# SUMMARY:

In accordance with Federal Land Policy and Management Act of 1976 (FLPMA), the Federal Advisory Committee Act of 1972 (FACA), the National Environmental Policy Act of 1969 (NEPA), and the Code of Federal Regulations (40 CFR 1501.7, 43 CFR 1610.2), the United States Department of the Interior, Bureau of Land Management (BLM), Carrizo Plain National Monument, Monument Advisory Committee members, the California State Department of Fish and Game and the Nature Conservancy will meet as indicated below: 

# DATES:

The meeting will be held Tuesday, April 24, 2007 at the San Luis Obispo Library located at 995 Palm Street. This location is less than 1 mile east of Hwy. 101 off the Osos exit. The meeting will begin at 5:30 p.m. and finish at 7 p.m. 

# SUPPLEMENTARY INFORMATION:

This meeting affords the public the opportunity to become informed about the Resource Management Plan planning and provide comments to be considered in the formulation of this plan. This meeting is open to the public, who may present written or verbal comments to be considered for the development of the Resource Management Plan, and discuss other coordination opportunities. Depending on the number of persons wishing to comment, and the time available, the time allotted for individual oral comments may be limited. Individuals who plan to attend and need special assistance such as sign language interpretation or other reasonable accommodations should contact BLM as indicated below. 

# FOR FURTHER INFORMATION CONTACT:

                        Bureau of Land Management, Attention: Johna Hurl, Acting Monument Manager, 3801 Pegasus Drive, Bakersfield, CA 93308. Phone at (661) 391-6093 or e-mail at:                         *jhurl@blm.gov*.                     

Dated: March 6, 2007. 

Johna Hurl, 

Acting Monument Manager, Carrizo Plain National Monument.

[FR Doc. E7-5227 Filed 3-21-07; 8:45 am] 

BILLING CODE 4310-40-P
No. 52074.

#### Wm. Liddell & Co., Inc., et al. *v.*United States,

protests 33321-K, etc. (New York).

Opinion by

Kincheloe, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
**EXHIBIT32.2**

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANTTO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.1350)

In connection with the Quarterly Report on Form 10-Q forthe period ended September 30, 2005 (the"Report") of TECHNOLOGY INVESTMENT CAPITALCORP. (the "Registrant"), as filed with theSecurities and Exchange Commission on the date hereof, I, PATRICK F.CONROY, the Chief Financial Officer of the Registrant, hereby certify,to the best of my knowledge, that:

(1) The Report fully complieswith the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

(2) The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Registrant.

|  |        |                                                                    |
|--|--------|--------------------------------------------------------------------|
|  |   | /s/ Patrick F.Conroy Name: Patrick F. Conroy Date: November 4,2005 |

----
Exhibit 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, William D. Eglin, Chief Financial Officer of MD
Technologies Inc., certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of MD Technologies Inc. on Form 10-QSB for the quarter ended September 30,
2005 fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such Form 10-QSB fairly presents, in all material respects, the financial condition and results of
operations of MD Technologies Inc.



|                        |  |  |  |  |  |                      |  |                        
|----------------------- |  |  |  |  |  | -------------------- |  | -----------------------
|Date: November 10, 2005 |  |  |  |  |  | /s/ William D. Eglin
|                        |  |  |  |  |  |                      |  | William D. Eglin       
|                        |  |  |  |  |  |                      |  | Chief Financial Officer
No. 56485.

protests 161766-K, etc. (New York).

#### Arcee Trading Company et al. *v.*United States,

Opinion by

Ford, J.

It was stipulated that certain items of the involved merchandise consist of bleached silk fabrics, valued at more than $5.50 per pound,, the same in all material respects as those passed upon in *Walter Strassburger & Co., Inc., et al.*v. *United States*(26 Cust. Ct. 210, C. D. 1326). Accepting the stipulation as a statement of fact and following the cited authority, it was held that the merchandise imported or withdrawn from warehouse prior to January 1, 1948, is dutiable at 45 percent under paragraph 1205, as modified by T. D. 48316,, and that which was imported or withdrawn from warehouse subsequent to said date is dutiable at 25 percent under said paragraph, as modified by T. D. 51802.
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

In connection with the Quarterly Report on Form 10-Q for the period ended September 30, 2008 (the Report) of TICC Capital Corp. (the Registrant), as filed with the Securities and Exchange
Commission on the date hereof, I, Patrick F. Conroy, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------

|      |  |                         
|----- |  | ------------------------
|      | 
|      |  | /S/    PATRICK F. CONROY
|Name: |  | Patrick F. Conroy       
|Date: |  | November 7, 2008
No. 52073.

#### Max Mayer & Co. *v.*United States,

protests 666541-G, etc. (New York).

Opinion by

Kincheloe, J.

In accordance with stipulation of counsel and following *United States*v. *Julius Kayser & Co.*(33 C. C. P. A. 179, C. A. D. 333) the cotton gloves were held dutiable at 50 percent under paragraph 915 as “made of fabric knit on other than a warp-knitting machine,” and the knit cotton fabric was held dutiable at 35 percent under paragraph 914 as “made on other than a warp-knitting machine,” plus 10 cents per pound additional duty under paragraph 924 in both instances.
Exhibit 4.3


 


Consent of Independent Registered
Public Accounting Firm


We consent to the
reference made to our firm under the caption “Independent Registered Public Accounting Firm” in Part B of the Prospectus
and to the use of our report dated March 18, 2015, in this Registration Statement (Form S-6 No. 333-201834) of Smart Trust, Zacks
Diversified Equity & Corporate Bond Trust, Series 8.


 


/s/ Grant
Thornton LLP


 


Chicago, Illinois


March 18, 2015
No. 49652.

#### Protests 21338-K, etc., of V. W. Davis (Duluth).

Opinion by

Keefe, J.

In accordance with stipulation of counsel that the merchandise in question consists of wild rice similar to that the subject of *Davis*v. *United States*(10 Cust. Ct. 189, C. D. 751) it was held properly dutiable at 10 percent under paragraph 1558 as claimed.
* 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 August 17, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-50101 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus AGUSTIN URRABAZO-RODRIGUEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:04-CR-549-1

-------------------- Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM: *Appealing the Judgment in a Criminal Case, Agustin UrrabazoRodriguez raises arguments that are foreclosed by AlmendarezTorres v. United States , 523 U.S. 224, 235 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
Exhibit 32.1

CERTIFICATION

Gene Hodges, Chief Executive Officer of Websense, Inc., hereby certifies pursuant to the requirement set forth in Rule 13a-14(b) of the
Securities Exchange Act of 1934, as amended (the "Exchange Act"), and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. Section 1350) that, to the best
of his knowledge:

1.     The
Annual Report on Form 10-K of Websense, Inc. for the year ended December 31, 2007 fully complies with the requirements of
Section 13(a) or 15(d) of the Exchange Act and

2.     The
information contained in the Annual Report on Form 10-K of Websense, Inc. for the year ended December 31, 2007 fairly presents, in
all material respects, the financial condition and results of operations of Websense, Inc. for the period covered by the Annual Report.

Dated:
February 28, 2008

| |  | By: |  | /s/GENE HODGESGene Hodges Chief Executive Officer
| |  | --- |  | -------------------------------------------------

---

---



QuickLinks
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.                  

###### Department of Energy

###### Federal Energy Regulatory Commission 

          - [Docket No. RP04-98-002] 

Take notice that on March 2, 2007, pursuant to the directive of the Commission's Staff at the February 15, 2007 technical conference, Columbia Gulf Transmission Company (Columbia Gulf) submits this filing supplementing its proposal in the above referenced proceeding. 

Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. 

                    The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at                     *http://www.ferc.gov.*                     Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.                 

                    This filing is accessible on-line at                     *http://www.ferc.gov,*                     using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail                     *FERCOnlineSupport@ferc.gov,*                     or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.                 

Philis J. Posey, 

Acting Secretary.

 [FR Doc. E7-4994 Filed 3-16-07; 8:45 am] 

BILLING CODE 6717-01-P
**CERTIFICATION
        PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED**
 **PURSUANT
        TO SECTION 906 OF THE**
 **SARBANES-OXLEY
        ACT OF 2002**
  CERTIFICATION
        OF CUSTODIAN
   In
        connection with the Annual Report of *Turner
        Valley Oil & Gas, Inc.* .,
        a
        Nevada corporation (the "Company"), on 10-KSB for the year ended December
        31,
        2006 as filed with the Securities and Exchange Commission (the "Report"),
        I, CHRISTOPHER
        PATON-GAY ,
        Sole
        Officer of the Company, certify, pursuant to 906 of the Sarbanes-Oxley Act
        of
        2002 (18 U.S.C. 1350), 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.
  Dated:
        April 12, 2007
  Christopher
                  Paton-GayChristopher
                  Paton-Gay
                PRESIDENT/DIRECTOR/SOLE
                  OFFICER
No. 53040.

#### Florea & Co., Inc., et al. *v.*United States,

protests 811032-G, etc. (New York).

Opinion by

Rao, J.

By virtue of the decision in *United States*v. *American Viscose Corporation*(30 C. C. P. A. 240, C. A. D. 239), the protests were dismissed.
No. 50111.

#### Protests 740641-G, etc., of May Co. et al. (Cleveland, etc.).

Opinion by

Cole, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
#### The People of the State of New York, Respondent, v Joseph Thorpe, Appellant.

[633 NYS2d 583]

—Appeal by the defendant from a judgment of the County Court, Orange County (Byrne, J.), rendered July 21, 1992, convicting him of murder in the second degree (two counts), robbery in the first degree (two counts), robbery in the second degree, and robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his convictions for felony murder should be reversed because the evidence was legally insufficient to establish the predicate felony of robbery in that the People failed to prove that he had formed the intent to rob a bar before killing the owner and a customer *(see, People v Joyner,*26 NY2d 106,109). We disagree. The record contains ample evidence to establish that the defendant formed the intent to rob before stabbing the victims, including the accomplice’s testimony that while they were walking to the bar the defendant suggested that they rob a store *(see, People v Johnson,*185 AD2d 860; *People v Paul,*133 AD2d 711; *People v Alvarez,*118 AD2d 785).

Similarly unavailing is the defendant’s claim that he was denied his right to confront a witness when the accomplice invoked his Fifth Amendment right against self-incrimination during the reopening of cross-examination. In over five hours of cross-examination, the defense counsel questioned the accomplice in depth concerning his direct testimony and also effectively impeached him with his prior convictions. Then, after the accomplice recanted his direct testimony which had inculpated the defendant, the defense counsel terminated cross-examination. The prosecution declined to ask any questions on redirect, but the defense counsel requested permission to ask a few more questions. The defense counsel asked a question *491which the accomplice already answered on direct and the accomplice invoked the Fifth Amendment. Under these circumstances, the defendant was able to test the accuracy of the accomplice’s direct examination and, thus, was not prejudiced *(see, People v Chin,*67 NY2d 22, 27; *People v Cole,*196 AD2d 634).

The court did not err in failing to give the jury the requested circumstantial evidence charge because the defendant’s conviction was based on both direct and circumstantial evidence *(see, People v Daddona,*81 NY2d 990; *People v O’Brien,*212 AD2d 741).

The defendant’s remaining contentions are without merit. Ritter, J. P., Pizzuto, Santucci and Krausman, JJ., concur.