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II 

113TH CONGRESS 

1ST SESSION S. 889 

To amend title 10, United States Code, to improve the Transition Assistance 

Program of the Department of Defense, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2013 

Mr. BOOZMAN (for himself, Mr. MANCHIN, Mr. MORAN, and Mr. TESTER) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 10, United States Code, to improve the 

Transition Assistance Program of the Department of 

Defense, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Servicemembers’ 

5 Choice in Transition Act of 2013’’. 

6 SEC. 2. CONTENTS OF TRANSITION ASSISTANCE PROGRAM. 

7 (a) IN GENERAL.—Section 1144 of title 10, United 

8 States Code, is amended— 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 889 IS

1 (1) in subsection (b), by adding at the end the 

2 following new paragraph: 

3 ‘‘(9) Provide information about disability-re4 lated employment and education protections.’’; 

5 (2) by redesignating subsections (c), (d), and 

6 (e) as subsections (d), (e), and (f), respectively; and 

7 (3) by inserting after subsection (b) the fol8 lowing new subsection (c): 

9 ‘‘(c) ADDITIONAL ELEMENTS OF PROGRAM.—The 

10 mandatory program carried out under this section shall 

11 include— 

12 ‘‘(1) for any member who plans to use the 

13 member’s entitlement to educational assistance 

14 under title 38— 

15 ‘‘(A) instruction providing an overview of 

16 the use of such entitlement; and 

17 ‘‘(B) testing to determine academic readi18 ness for post-secondary education, courses of 

19 post-secondary education appropriate for the 

20 member, courses of post-secondary education 

21 compatible with the member’s education goals, 

22 and instruction on how to finance the member’s 

23 post-secondary education; and 

24 ‘‘(2) instruction in the benefits under laws ad25 ministered by the Secretary of Veterans Affairs and 


tjames on DSK6SPTVN1PROD with BILLS
3 

•S 889 IS

1 in other subjects determined by the Secretary con2 cerned.’’. 

3 (b) DEADLINE FOR IMPLEMENTATION.—The pro4 gram carried out under section 1144 of title 10, United 

5 States Code, shall comply with the requirements of sub6 sections (b)(9) and (c) of such section, as added by sub7 section (a), by not later than April 1, 2015. 

8 (c) FEASIBILITY STUDY.—Not later than 270 days 

9 after the date of the enactment of this Act, the Secretary 

10 of Veterans Affairs shall submit to the Committees on 

11 Veterans’ Affairs of the Senate and the House of Rep12 resentatives the results of a study carried out by the Sec13 retary to determine the feasibility of providing the instruc14 tion described in subsection (b) of section 1142 of title 

15 10, United States Code, at all overseas locations where 

16 such instruction is provided by entering into a contract 

17 jointly with the Secretary of Labor for the provision of 

18 such instruction. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
Exhibit 32.2




CERTIFICATION PURSUANT TO RULE 13b — 14(b) OF THE SECURITIES EXCHANGE ACT AND 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Quarterly Report of The Graystone Company, Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, J.W. Mazey, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that:




(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.




April 8, 2011
/s/ J.W. MazeyJ.W. MazeyChief Financial Officer
<PAGE>
                                       
                                 [LETTERHEAD]


                          INDEPENDENT AUDITORS' CONSENT


The Board of Directors
Loronix Information Systems, Inc.:

We consent to incorporation by reference in the registration statements (Nos. 
33-93730 and 333-06165) on Form S-8 of Loronix Information Systems, Inc. of 
our report dated January 30, 1998, relating to the consolidated balance sheet 
of Loronix Information Systems, Inc. and subsidiary as of December 31, 1997, 
and the related consolidated statements of operations, stockholders' equity 
and cash flows for each of the years in the two-year period ended December 
31, 1997, which report appears in the December 31, 1997, annual report on 
Form 10-KSB of Loronix Information Systems, Inc.



                                                   KPMG Peat Marwick LLP

San Diego, California
March 16, 1998
EXHIBIT 99

Supplementary Trust Data

|1. The total amount of cash distributed to Certificateholders in 1999 per $1,000 of Certificates                                              | $193.74        
|--------------------------------------------------------------------------------------------------------------------------------------------- | ---------------
|2. The total amount of the distribution set forth in paragraph l which represents principal payments on the Certificates                      | $137.71        
|3. The amount of outstanding balances in the Accounts which were 30 or more days delinquent as of the end of the December 1999 Monthly Period | $523,872,121.82
|4. The total amount of the Monthly Servicing Fee paid to the Servicer by the Trust in 1999                                                    | $158,952,647.68
Notice of Purchase and Sale


Exhibit 10.42




NOTICE OF PURCHASE AND SALE




Victory Park Management, LLC,

as Agent under the Financing Agreement described below

FEBRUARY 16, 2016

Ladies and Gentlemen:




Reference is made to that certain Financing Agreement, dated as of October 30, 2014 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Financing Agreement”), among Social Reality, Inc., a Delaware corporation (“Social”), Steel Media, a California corporation (“Steel” and together with Social, each a “Borrower” and collectively the “Borrowers”), Social as the Borrower Representative, the Guarantors party thereto, Victory Park Management, LLC, as Agent for the Lenders and the Holders, and the Lenders signatory thereto from time to time.  Capitalized terms used but not otherwise defined in this letter shall have the meanings given to such terms in the Financing Agreement.




The Borrower Representative hereby gives you irrevocable notice, pursuant to Section 2.1 of the Financing Agreement of its proposed issuance of Additional Notes and its request that the Lenders purchase such Additional Notes (the “Proposed Issuance”) under the Financing Agreement and, in that connection, sets forth the following information:




a.

The amount of the Proposed Issuance is $500,000 of Additional Notes;




b.

The date of the Proposed Issuance is February 16, 2016 (the “Issuance Date”); and




c.

The proceeds of the applicable Lenders’ purchase of the Proposed Issuance shall be disbursed in accordance with the instructions set forth on Exhibit A attached hereto.




The undersigned hereby certifies that the following statements are true and correct on the date hereof and will be true and correct on the Issuance Date, both before and after giving effect to the Proposed Issuance:




i.

The representations and warranties by each Credit Party contained in the Financing Agreement and in each other Transaction Document are true and correct in all material respects (without duplication of any materiality qualifiers) as of the Issuance Date (subject to such updates to the Schedules, if any, as are approved by the Agent in its reasonable discretion), except to the extent that such representation or warranty expressly relates to an earlier date, including the Closing Date (in which event such representations and warranties were true and correct in all material respects (without duplication of any materiality qualifiers) as of such earlier date); 




ii.

No Default or Event of Default has occurred and is continuing or would result after giving effect to such Proposed Issuance; and




iii.

The aggregate outstanding principal amount of the Notes does not exceed the Maximum Note Balance.




IN WITNESS WHEREOF, the undersigned have executed this notice by their respective duly authorized officers as of the date first forth above. 







			
	 
	SOCIAL REALITY, INC., a Delaware


	 
	corporation, as the Borrower Representative


	 
	 
	 

	 
	By:

	/s/ Christopher Miglino


	 
	Name:

	 Christopher Miglino


	 
	Title:

	CEO
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

THOMAS DAVID WHOLECHEESE, Jr.,

Defendant

- Appellant. No. 20

- 30145

D.C. No

. 4:16

- cr

- 00008

- RRB

- 1

MEMORANDUM *

Appeal from the United States District Court

for the District of Alaska

Ralph R. Beistline, District Judge, Presiding

Submitted April 20, 2021 * *

Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges.

Thomas David Wholecheese, Jr., appeals from the district court ’s order s

denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i)

and motion for reconsideration . We have jurisdiction under 28 U.S.C. § 1291

. We

vacate and remand with instructions that the motion be dismissed without

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

APR 26 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 30145

prejudice

.

An inmate may file a motion for compassionate release in the district court

“after the defendant has fully exhausted all administrative rights to appeal a failure

of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of

30 days from the receipt of such a request by the warden of the defendant’s

facility .” 18 U.S.C. § 3582(c)(1)(A). The record shows that Wholecheese did not

fulfill either requirement prior to filing his compassionate release motion in the

district court. In light of the mandatory language of the statute, 1 the district court

lacked authority to address Wholecheese’s motion. See Ross v. Blake , 136 S. Ct.

1850, 1856

- 57 (2016).

Accordingly, we vacate the district court’s orders and remand with

instructions that it dismiss Wholecheese’s motion without prejudice. Wholecheese

is free to file another motion for compassionate release in the district court, and we

express no opinion as to the merits of such a motion.

VACATED and REMANDED

.

1 Because it does not affect ou r decision, we do not decide whether the exhaustion

requirement under § 3582(c)(1)(A) is jurisdictional or “a mandatory claim

processing rule subject to forfeiture,” Fort Bend Cnty. v. Davis , 139 S. Ct. 1843,

1851 (2019). Contrary to Wholecheese’s argumen t, the government did not forfeit

its exhaustion argument . The government raised the defense before the district

court, which denied Wholecheese’s motion , and subsequent motion for

reconsideration, in part because he had not exhausted administrative remed ies.

The government then renewed its exhaustion argument on appeal.
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 InfiniCall Corporation.  (the "Company")
on Form 10-KSB for the period ended March 31, 2005, as filed with the Securities
and Exchange  Commission  on the date hereof (the  "Report"),  I, Robin  Glanzl,
President  of the  Company,  certify,  pursuant to 18 U.S.C.  Section  1350,  as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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/ Robin Glanzl
----------------------
Robin Glanzl
President

August 12, 2005
#### The People of the State of New York, Respondent, v Jesus Aguilera, Appellant.

Judgment, Supreme Court, *235Bronx County (Frank Blangiardo, J.), rendered November 1, 1982, convicting defendant, after a jury trial, of murder in the second degree, and upon his pleas of guilty, of robbery in the first degree and sexual abuse in the first degree, sentencing him to concurrent indeterminate prison terms of, respectively, twenty years to life, five to fifteen years, and two to six years, unanimously affirmed.

Upon defendant’s trial for murder, the prosecutor introduced defendant’s statements in which he admitted renting a room to use in the murder and assisting an accomplice with the device used to strangle the victim. In its final instructions to the jury, the court commented on the summation arguments as follows: "You are to disregard the personal opinion of counsel as to the merits of some particular bit of evidence or testimony. That’s his opinion and *may not necessarily be yours.*” (Emphasis added.)

Contrary to defendant’s contentions on this appeal, this comment cannot be escalated to the level of a direction to disregard the arguments and theories of counsel in summation, an instruction which has been condemned as judicial overreaching *(cf., People v Vasquez,*159 AD2d 262; *People v Reina,*94 AD2d 727). The court’s observation here referred only to counsels’ opinions, and the second sentence clearly left it open to the jury to accept or reject those opinions in the course of its deliberations.

We would also note that defendant’s appellate objection to the instruction was not preserved *(People v Vasquez, supra).*Concur—Rosenberger, J. P., Wallach, Kupferman and Smith, JJ.
Exhibit
32.2



Certification
of 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 Quarterly Report on Form 10-Q for the period ended June 30, 2018 of Lindblad Expeditions Holdings, Inc., a
Delaware corporation (the “Company”), as filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Craig I. Felenstein, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on 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.



|Date:
    August 2, 2018 |                            
|------------------------ | ---------------------------
|                         |                            
|                         | /s/
    Craig I. Felenstein
|                         | Craig
    I. Felenstein    
|                         | Chief
    Financial Officer



A
signed original of this written statement required by Section 906 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.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 629 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 629

To amend title 38, United States Code, to recognize the service in the 
 reserve components of the Armed Forces of certain persons by honoring 
    them with status as veterans under law, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 20, 2013

  Mr. Pryor (for himself, Mr. Boozman, Mr. Tester, Mr. Grassley, Mr. 
    Leahy, Mr. Johnson of South Dakota, Mr. Harkin, Mr. Begich, Mr. 
 Franken, and Mr. Wyden) introduced the following bill; which was read 
        twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to recognize the service in the 
 reserve components of the Armed Forces of certain persons by honoring 
    them with status as veterans under law, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Honor America's Guard-Reserve 
Retirees Act of 2013''.

SEC. 2. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN MEMBERS OF 
              THE RESERVE COMPONENTS OF THE ARMED FORCES AS VETERANS.

    (a) In General.--Chapter 1 of title 38, United States Code, is 
amended by inserting after section 107 the following new section:
``Sec. 107A. Honoring as veterans certain persons who performed service 
              in the reserve components
    ``Any person who is entitled under chapter 1223 of title 10 to 
retired pay for nonregular service or, but for age, would be entitled 
under such chapter to retired pay for nonregular service shall be 
honored as a veteran but shall not be entitled to any benefit by reason 
of this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
107 the following new item:

``107A. Honoring as veterans certain persons who performed service in 
                            the reserve components.''.
                                 <all>
```
SERV ICBS. Uf1

. ~ DEPARTMENT OF HEALTH & HUMAN SERVlCES Office of the Secretary

. 

## i

~ Office of the Assistant Secretary for Health

~ ~ Washington, D.C. 20201 ~ 1 braaa 

### APR 2 9 2015
The Honorable Michele M. Leonhart Administrator Drug Enforcement Administration U.S. Department of Justice 8701 Morrissette Drive Springfield, VA 22152 Dear Ms. Leonhart: Thank you for your recent letter notifying the Department of Health and Human Services (HHS)of your intention to temporarily place acetyl fentanyl [N-(1-phenethylpiperidin-4-yl)-Nphenylacetamide; also known as desmethylfentanyl] into Schedule I of the Controlled Substances Act (CSA). The Food and Drug Administration was asked to review its files. I have been advised that there are currently no approved new drug applications or investigational new drug applications for this substance. Therefore, HHS has no objection regarding your plan to temporarily place acetyl fentanyl into Schedule I of the CSA. Wanda K. Jon s, Dr H Principal Deput ssistant Secretary for Health

U.S. Public Health Service
Exhibit 32.2 CERTIFICATION OF CHIEF FINANCIAL OFFICERPursuant toSection 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) In connection with this Report on Form 10-Q for the quarterly period ended September 30, 2013 (the Report) of Garrison Capital Inc. (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Brian Chase, 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/ Brian ChaseBrian ChaseChief Financial OfficerNovember 5, 2013