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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-50075

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

FRANCISCO PEREZ-VILLALBA,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:13-CR-2189-1

Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Francisco Perez-Villalba (Perez) appeals the 15-month sentence imposed 

following his guilty plea conviction for illegal reentry. See 8 U.S.C. § 1326. 

Perez argues that the district court plainly erred in assessing four criminal 

history points for two 2003 convictions when the original sentences for those 

convictions were imposed more than 10 years prior to the commencement of 

his illegal reentry offense.

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

January 23, 2015

Lyle W. Cayce

Clerk

 

 Case: 14-50075 Document: 00512912836 Page: 1 Date Filed: 01/23/2015
No. 14-50075

Perez has completed his term of imprisonment, has been released from 

custody, and has been removed to Mexico. Therefore, the appeal of his sentence 

is moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th 

Cir. 2007). Accordingly, the appeal is DISMISSED.

2

 Case: 14-50075 Document: 00512912836 Page: 2 Date Filed: 01/23/2015
#### The People of the State of New York, Respondent, v Ronnie Brooks, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered June 15, 1989, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law and the *550facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The defendant’s conviction was based on a purported sale of four vials containing cocaine to an undercover police officer. We agree with the defendant that the People failed to establish that the vials admitted into evidence at the trial were, in fact, the same vials received by the undercover police officer from the defendant during the alleged sale. After the alleged sale, the undercover police officer gave the vials to another officer, who put them in a briefcase and transported them to the precinct. However, the vials were not marked and they were placed in an unmarked compartment in the briefcase, which contained unmarked evidence from other sales that took place on that day. Further, the undercover police officer did not identify the vials that were admitted into evidence. Rather, he identified the voucher number that was on the envelope into which he placed the vials he vouchered at the precinct. While the officer who transported the vials to the precinct testified that he returned the vials he received to the undercover police officer, who then vouchered the vials, this officer did not identify the vials which were admitted into evidence. Consequently, since there was no chain of custody linking the defendant and the vials allegedly sold by him to the vials later tested and introduced into evidence, over the defendant’s objection, the judgment of conviction is reversed, and the indictment dismissed *(see, People v Gamble,*94 AD2d 960; *see also, People v Ruiz,*162 AD2d 350; *cf., People v Brown,*169 AD2d 934; *People v Sarmiento,*168 AD2d 328; *People v Howard,*138 AD2d 523).

In light of our determination, we need not address the defendant’s other contentions. Thompson, J. P., Lawrence, Harwood and O’Brien, JJ., concur.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 2 Enrolled Bill (ENR)]

        S.Con.Res.2
                                       Agreed to January 3, 2013        

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and thirteen

                          Concurrent Resolution

    Resolved by the Senate (the House of Representatives concurring),

SECTION 1. REAUTHORIZATION OF JOINT COMMITTEE.

    Effective from January 3, 2013, the joint committee created by 
Senate Concurrent Resolution 35 (112th Congress), to make the necessary 
arrangements for the inauguration of the President-elect and the Vice 
President-elect of the United States, is continued with the same power 
and authority provided for in that resolution.

SEC. 2. USE OF CAPITOL.

    Effective from January 3, 2013, the provisions of Senate Concurrent 
Resolution 36 (112th Congress), to authorize the use of the rotunda and 
Emancipation Hall of the Capitol by the Joint Congressional Committee 
on Inaugural Ceremonies in connection with the proceedings and 
ceremonies conducted for the inauguration of the President-elect and 
the Vice President-elect of the United States are continued with the 
same power and authority provided for in that resolution.
Attest:

                                               Secretary of the Senate.
Attest:

                                 Clerk of the House of Representatives.
```
Exhibit 10.83



AMENDMENT TO EMPLOYMENT AGREEMENT DATED JUNE 5, 1995, BETWEEN CORTEX PHARMACEUTICALS AND GARY A. ROGERS, Ph.D.



This Amendment, effective as of January [1], 2004, hereby
amends Section 2 as follows:



Effective January [1]
2004, you will receive a base annual salary of $210,000, paid in accordance with the Companys normal payroll practices. You will also be entitled to vacation, coverage under the Companys Group Health Plan and other benefits that the
Company provides to comparable employees. You will also be eligible to receive an incentive bonus of between 0% and 50% of your annual base salary based upon review of your performance and achievements by your immediate supervisor, and Company
performance, in the year under consideration. Whether such bonus shall be paid in any year and the amount of such bonus shall be the sole determination by your immediate supervisor, subject to review and approval by the Compensation Committee of the
Board of Directors. Such bonus shall accrue and be paid only if the Board of Directors in its sole discretion determines that the Company has sufficient financial resources to do so.



IN WITNESS HEREOF, the parties hereto have executed this Amendment to Employment Agreement to be effective as of the day and
year first above written.



CORTEX PHARMACEUTICALS, INC./s/ Roger G. StollRoger G. Stoll, Ph.D.President and Chief Executive OfficerEXECUTIVE/s/ Gary A. RogersGary A. Rogers, Ph.D.
that this court's duty is to decide actual controversies and not to give 

opinions on moot questions). 

It is so ORDERED.' 

Ai J. 

Douglas 

Saitta 

cc: Chris Hough 

Clark County District Attorney/Civil Division, Robert J. Gower 

'We direct the clerk of this court to file petitioner's letter, 

provisionally received in this court on September 30, 2011; and motion to 

stay potential dismissal for failing to pay the filing fee, provisionally 

received in this court on September 30, 2011. Having considered these 

documents, we conclude that no action is necessary as to them. 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A 

2
#### Ronald H. RILEY and Phyllis A. Riley, d/b/a Mag-Russ Corporation, Petitioner, v. John H. McCOY d/b/a Dr. John’s, Respondent.

No. 89SC145.

Supreme Court of Colorado, En Banc.

Aug. 21, 1989.

Petition for Writ of Certiorari DENIED.
[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Notices]
[Page 8266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3432]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Eye Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended, 
for the review, discussion, and evaluation of individual intramural 
programs and projects conducted by the National Eye Institute, 
including consideration of personnel qualifications and performances, 
and the competence of individual investigators, the disclosure of which 
would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Board of Scientific Counselors, National Eye 
Institute.
    Date: March 4-5, 2012.
    Time: 7:00 PM to 5:00 PM.
    Agenda: To review and evaluate personal qualifications and 
performance, and competence of individual investigators.
    Place: National Institutes of Health, Building 31, 31 Center 
Drive, Bethesda, MD 20892.
    Contact Person: Sheldon S. Miller, Ph.D., Scientific Director, 
National Institutes of Health, National Eye Institute, Bethesda, MD 
20892, (301) 451-6763.

    In the interest of security, NIH has instituted stringent 
procedures for entrance onto the NIH campus. All visitor vehicles, 
including taxicabs, hotel, and airport shuttles will be inspected 
before being allowed on campus. Visitors will be asked to show one 
form of identification (for example, a government-issued photo ID, 
driver's license, or passport) and to state the purpose of their 
visit.
    Information is also available on the Institute's/Center's home 
page: www.nei.nih.gov, where an agenda and any additional 
information will be posted when available.
(Catalogue of Federal Domestic Assistance Program Nos. 93.867, 
Vision Research, National Institutes of Health, HHS)

    Dated: February 8, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2012-3432 Filed 2-13-12; 8:45 am]
BILLING CODE 4140-01-P
CERTIFICATION PURSUANT TO 18 U.S.C. 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of FEC Resources Inc. (the "Company") on Form 20-F for the period ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Larry W. Youell, Chief Executive 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:

The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|Date: June 26, 2008
|-------------------



|By: /s/ Larry W. YouellLarry W. YouellChief Executive Officer (principal executive officer)
|-------------------------------------------------------------------------------------------

---
### COLORADO Department of Transportation 51 26 Fr on t R ange P arkway Watkins, CO 801 37 December 14, 2015 Federal Aviation Administration Attn: Director, Office of Airport Compliance and Management Analysis 800 Independence Avenue SW Washington, DC 20591 RE: State of Colorado Compliance with FAA Policy and Procedures Concerning Use of Airport Revenue- Proceeds from Taxes on Aviation Fuel This correspondence serves to confirm the state of Colorado's compliance with the Federal Aviation Administration's Policy and Procedures Concerning Use of Airport Revenue- Proceeds from Taxes on Aviation fuel, as adopted by FAA on November 7, 2014. At the state level, Colorado collects three taxes on aviation fuel: a 2. 9% retail sales tax on all jet fuel; a $0.04 per gallon excise tax on non-airline jet fuel; and a $0.06 per gallon excise tax on aviation gasoline. In accordance with Colorado Revised Statute 43-10-109, aU revenues from these aviation fuel taxes are dedicated to the Colorado Aviation Fund and used exclusive ly for aviation purposes. lihe Aviation Fund is administered by the Colorado Division of Aeronautics under the policy direction of the Colorado Aeronautical Board. For more information on the Colorado Aviation Fund, the Colorado Division of Aeronautics, and the Colorado Aeronautical Board, please visit www .codot . gov 

### I programs / ae r o n autics . If you have any further questions, please contact me directly at (303)-512-5254. Sincerely,

# ~ David R. Ulane, A.A. E . Director of Aeronautics CC: Her m an S t oc king e r , COOT Offi ce of Poli cy a nd Gov e rnm e nt Affairs Kurtis Morrison, Deputy Legislative Director, Governor John Hickenlooper

5126 F ront Range Pa rkway , Watki ns, CO 80137 P 303.5 1 2.5250 F 303.261 . 9 608 www. co lorad o -aero na uti cs. org 

# I . *

.. 1 8?f.. .
#### David A. ANTHONY, Petitioner, v. BOARD OF EDUCATION OF WELD COUNTY SCHOOL DISTRICT NO. 6, Respondent.

No. 90SC501.

Supreme Court of Colorado.

Feb. 4, 1991.

ORDER OF COURT AND MANDATE

IT IS THIS DAY ORDERED that the Petition for Certiorari shall be, and the same hereby is, GRANTED. The judgment of the Court of Appeals is vacated, and this cause is remanded to the Court of Appeals for reconsideration in light of *Frey*
      *968
      *v. Adams County School District No. 14,*No. 89SC234, — P.2d - (Colo. Jan. 14, 1991).

NOW THEREFORE, this cause is remanded to the Court of Appeals for further proceedings in conformance with the judgment of this Court.
Exhibit 32


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 Quarterly Report of CPM Holdings, Inc. (the “Company”) on Form 10-Q as filed with the Securities and Exchange Commission (the “Report”), each of Ted Waitman, Principal Executive Officer of the Company, and Douglas Ostrich, Principal Financial Officer of the Company, certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:


|   |                                                                                                                                                                  
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------
|1. | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m); 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/ Ted WaitmanTed WaitmanChief Executive OfficerAugust 14, 2012/s/ Douglas OstrichDouglas OstrichChief Financial OfficerAugust 14, 2012





The foregoing certification will not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liability of that Section. The foregoing certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934, except to the extent that the Company specifically incorporates it by reference.
IN THE SUPREME COURT OF THE STATE OF MONTANA
No. DA 22-0237 MATTHEW “MATT” OLDS, Plaintiff/Appellee/Cross-Appellant,

v. MARK HUELSKAMP, Defendant/Appellant. ORDER GRANTING UNOPPOSED MOTION TO CONTINUE MEDIATION DEADLINE

Appellant Mark Huelskamp (“Huelskam p”) moved the Court, unopposed, for a 90-day extension of the deadline to comp lete the appellate alternative dispute resolution procedure. The current deadline is July 29, 2022. Huelskamp requested an extension to October 17, 2022. G ood cause appearing therefore, IT IS HEREBY ORDERED that the d eadline to complete the appellate alternative dispute resolution pr ocedure is October 17, 2022.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

June 16 2022

06/16/2022

Case Number: DA 22-0237
Exhibit 32.1

WRITTEN STATEMENT OF CHIEF EXECUTIVE OFFICER  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 Cytyc Corporation (the "Company") on Form 10-K for the fiscal year ended December 31, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Patrick J. Sullivan, Chief Executive Officer of the Company, certify that, to my knowledge on the date hereof:



|Date: February 15, 2005 |  | /s/PATRICK J. SULLIVANPatrick J. Sullivan
Chief Executive Officer and President
|----------------------- |  | -------------------------------------------------------------------------------

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version 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.

The
foregoing certification is being furnished to the Securities and Exchange Commission as our exhibit to the Form 10-K and shall not be deemed to be considered filed
as part of the Form 10-K.

---



QuickLinks
III 

113TH CONGRESS 

1ST SESSION S. CON. RES. 30 

Providing for a conditional adjournment or recess of the Senate and an 

adjournment of the House of Representatives. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 20, 2013 

Mr. DURBIN submitted the following concurrent resolution; which was 

considered and agreed to 

CONCURRENT RESOLUTION 

Providing for a conditional adjournment or recess of the 

Senate and an adjournment of the House of Representatives. 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That when the Senate recesses or adjourns 

3 on any day from Friday, December 20, 2013, through 

4 Tuesday, December 31, 2013, on a motion offered pursu5 ant to this concurrent resolution by its Majority Leader 

6 or his designee, it stand adjourned until 11:45 a.m. on 

7 Friday, January 3, 2014, or until the time of any re8 assembly pursuant to section 2 of this concurrent resolu9 tion, whichever occurs first; and that when the House ad10 journs on any legislative day from Monday, December 23, 


tjames on DSK6SPTVN1PROD with BILLS
2 

SCON 30 ATS 

1 2013, through Tuesday, December 31, 2013, on a motion 

2 offered pursuant to this concurrent resolution by its Ma3 jority Leader or his designee, it stand adjourned until 

4 11:00 a.m. on Friday, January 3, 2014, or until the time 

5 of any reassembly pursuant to section 3 of this concurrent 

6 resolution, whichever occurs first. 

7 SEC. 2. (a) The Majority Leader of the Senate or his 

8 designee, after consultation with the Minority Leader of 

9 the Senate, shall notify the Members of the Senate to reas10 semble at such place and time he may designate if, in his 

11 opinion, the public interest shall warrant it. 

12 (b) After reassembling pursuant to subsection (a), 

13 when the Senate adjourns on a motion offered pursuant 

14 to this subsection by the Majority Leader or his designee, 

15 the Senate shall again stand adjourned pursuant to the 

16 first section of this concurrent resolution. 

17 SEC. 3. (a) The Speaker or his designee, after con18 sultation with the Minority Leader of the House, shall no19 tify the Members of the House to reassemble at such place 

20 and time he may designate if, in his opinion, the public 

21 interest shall warrant it. 

22 (b) After reassembling pursuant to subsection (a), 

23 when the House adjourns on a motion offered pursuant 

24 to this subsection by the Speaker or his designee, the 


tjames on DSK6SPTVN1PROD with BILLS
3 

SCON 30 ATS 

1 House shall again stand adjourned pursuant to the first 

2 section of this concurrent resolution. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
# Official Journal C 339/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 339 |
| | |
| English edition | Information and Notices | Volume 6423 August 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 339

English edition

Information and Notices

Volume 6423 August 2021

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM MEMBER STATES |
| 2021/C 339/01 | Lists of country-specific entry headings received from the Member States of the European Union pursuant to Article 24(2) of Regulation (EU) 2016/1191 of the European Parliament and of the Council on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012 | 1 |

Contents

page

IV   Notices

NOTICES FROM MEMBER STATES

2021/C 339/01

Lists of country-specific entry headings received from the Member States of the European Union pursuant to Article 24(2) of Regulation (EU) 2016/1191 of the European Parliament and of the Council on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012

1

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EN