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1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please

2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 

3 Please also note that this electronic memorandum opinion may contain computer-generated

4 errors or other deviations from the official paper version filed by the Court of Appeals and does

5 not include the filing date. 

6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

7 STATE OF NEW MEXICO, 

8 Plaintiff-Appellant,

9 v. NO. 30,807

10 JOSEPH ANTHONY GARCIA,

11 Defendant-Appellee.

12 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY

13 Lisa C. Schultz, District Judge

14 Gary K. King, Attorney General

15 Andrew S. Montgomery, Assistant Attorney General

16 Santa Fe, NM

17 for Appellant

18 Law Offices of Michael L. Stout

19 Michael L. Stout

20 Las Cruces, NM

21 for Appellee

22 MEMORANDUM OPINION

23 VIGIL, Judge.
2

1 The State appeals the district court order granting a new trial to Defendant. We

2 proposed to affirm in a calendar notice. In response, the State filed a “Notice of Non3 Intention to File Memorandum in Response to Notice of Proposed Summary
3

1 Disposition.” Therefore, for the reasons discussed in our calendar notice, we affirm.

2 IT IS SO ORDERED.

3 _______________________________

4 MICHAEL E. VIGIL, Judge

5 WE CONCUR:

6 _________________________________

7 MICHAEL D. BUSTAMANTE, Judge

8 _________________________________

9 JONATHAN B. SUTIN, Judge
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EXHIBIT 32.2  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 on Form 10-Q of APT Systems, Inc. (the "Company”) for the quarter ended July 31, 2018 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Carl Hussey, 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.  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.  Date: September 19, 2018/s/ Carl HusseyCarl HusseyChief Financial Officer
[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Notices]
[Page 9898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3960]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB021


North Pacific Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of a public meeting.

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

SUMMARY: The North Pacific Fishery Management Council's (Council) 
Golden King Crab Price Formula Committee is meeting in Seattle, WA.

DATES: The meeting will be held on March 8, 2012, from 9 a.m. to 4 p.m.

ADDRESSES: The meeting will be held at Fishermen's Terminal, Norby 
Conference Room, 3919 18th Avenue West, Seattle, WA 98199; telephone: 
(206) 787-3395.
    Council address: North Pacific Fishery Management Council, 605 W. 
4th Ave., Suite 306, Anchorage, AK 99501-2252.

FOR FURTHER INFORMATION CONTACT: Mark Fina, Council staff; telephone: 
(907) 271-2809.

SUPPLEMENTARY INFORMATION: The Committee is meeting concerning the 
arbitration system that is part of the Bering Sea and Aleutian Islands 
crab rationalization program. The Committee will give specific 
attention to the development of the price formula for golden king crab 
under the arbitration system. Additional information is posted on the 
Council Web site: http://www.alaskafisheries.noaa.gov/npfmc/.
    Although non-emergency issues not contained in this agenda may come 
before this group for discussion, those issues may not be the subject 
of formal action during this meeting. Action will be restricted to 
those issues specifically listed in this notice and any issues arising 
after publication of this notice that require emergency action under 
section 305(c) of the Magnuson-Stevens Fishery Conservation and 
Management Act, provided the public has been notified of the Council's 
intent to take final action to address the emergency.

Special Accommodations

    The meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Gail Bendixen at (907) 271-2809 at least 7 
working days prior to the meeting date.

    Dated: February 15, 2012.
Tracey L. Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-3960 Filed 2-17-12; 8:45 am]
BILLING CODE 3510-22-P
Amendment of Certificate of Determination of Rights, Preferences and Privileges



 Exhibit 4.2 

AMENDMENT OF 

CERTIFICATE OF DETERMINATION 

OF 

RIGHTS, PREFERENCES AND PRIVILEGES OF 

SERIES A PARTICIPATING PREFERRED STOCK OF 

COST PLUS, INC. 

(Pursuant to Section 401(f) of the California Corporations Code) 

The undersigned, Barry J. Feld and Jane L. Baughman, do hereby certify that: 

1. The undersigned are the duly elected and acting Chief Executive Officer and President and Executive Vice President, Chief Financial
Officer and Secretary of Cost Plus, Inc., a California corporation (the “Corporation”). 
 2. Pursuant to authority
conferred upon the Board of Directors of the Corporation by the Amended and Restated Articles of Incorporation of the Corporation, as amended, on April 7, 2010, the Board of Directors adopted the following resolutions: 

RESOLVED: That none of the authorized shares of Series A Participating Preferred Stock, par value $0.01 per share, of
the Corporation (“Series A Preferred Stock”), are outstanding, and none of the authorized shares of Series A Preferred Stock will be issued subject to that certain Certificate of Determination of Rights, Preferences and
Privileges of Series A Participating Preferred Stock of the Corporation filed with the California Secretary of State on July 27, 1998 (the “Certificate of Determination”). 

RESOLVED FURTHER: That the Corporation be, and hereby is, authorized and directed to file with the California Secretary of
State an amendment to the Certificate of Determination (the “Amended Certificate of Determination”) containing these resolutions, with the purpose of decreasing the authorized number of Series A Preferred Stock to zero, and as a
result under the California Corporations Code the Series A Preferred Stock shall no longer be an authorized series of the Corporation. 

RESOLVED FURTHER: That Barry J. Feld (Chief Executive Officer and President) and Jane L. Baughman (Executive Vice
President, Chief Financial Officer and Secretary) be, and each hereby is, authorized and directed, for and on behalf of the Corporation and in its name, to execute and file the Amended Certificate of Determination substantially in the form of
Exhibit A attached hereto, and to take such further actions as they may deem necessary or appropriate to carry out the intent of the foregoing resolutions in accordance with the applicable provisions of the California Corporations Code.








 3. The foregoing amendment of the Certificate of Determination has been duly approved by the
Board of Directors of the Corporation. 
 We further declare under penalty of perjury under the laws of the State of California
that the matters set forth in this Amended Certificate of Determination are true and correct of our own knowledge. 
 Executed
at Oakland, California on April 13, 2010. 
  

	
	 /s/ Barry J. Feld

	Barry J. Feld
	Chief Executive Officer and President
	
	 /s/ Jane L. Baughman

	Jane L. Baughman
	 Executive Vice President,

Chief Financial Officer and Secretary



  

 -2-
Pursuan t to Ind. Appellate Rule 65(D),

this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT : ATTORNEYS FOR APPELLEE :
DARREN BEDWELL GREGORY F. ZOELLER Marion County Public Defender Agency Attorney General of Indiana Indianapolis, Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis , Indiana



## IN THE COURT OF APPEALS OF INDIANA

ANTONIO HIGHBAU GH , ) ) Appellant

- Defendant , ) )
vs. ) No. 49A02

- 1201

- CR

- 3 ) STATE OF INDIANA, ) ) Appellee

- Plaintiff

. )

APPEAL FROM THE MARION SUPERIOR COURT

The Honorable Reu b en Hill , Judge Cause No. 49F18

- 1007

- FD

- 55325

March 4, 2013

MEMORANDUM DECISION

- NOT FOR PUBLICATION

BRADFORD , Judge

### 2

Appellant

- Defendant Antonio Highbaugh was convicted of Class A misdemeanor
residential entry, and the trial court sentenced him to 3 65 days of incarceration with 361 days suspended to probation. Pursuant to the Indiana Supreme Court’s decision in Jennings v.

State , --- N.E.2d

--- (Ind. Feb. 20, 2013), we reject Highbaugh’s contention that the trial court
erred in sentencing him and af firm.

FACTS AND PROCEDURAL HISTORY
On December 6, 2011, the trial court found Highbaugh guilty of Class A misdemeanor
residential entry, entered judgment on conviction accordingly, and sentenced him to 365 days
of incarceration with 361 days suspended to probation. Highbaugh now appeals

. DISCUSSION AND DECISION Highbaugh’s only contention on appeal is that the trial court erred in suspending a
portion of his misdemeanor sentence to probation, relying on Court of Appeals decisions
holding that the phras e “term of imprisonment” used in Indiana Code section 35

- 50

- 3

- 1 (Indiana’s misdemeanor sentencing statute) includes time suspended from a sentence. See
Jennings v. State , 956 N.E.2d 203 (Ind. Ct. App. 2011), reaff ’ d on reh ’ g 962 N.E.2d 1260
(Ind. Ct. App. 2012), trans. granted and vacated . Highbaugh contends that his combined
terms of imprisonment and probation therefore exceed the one

- year maximum sentence for a
Class A misdemeanor. On February 20, 2013, however, the Indiana Supreme Court handed

down it s decision in Jennings v. State , --- N.E.2d

--- (Ind. February 20, 2013), which held that “for purposes of Indiana Code § 35

- 50

- 3

- 1, ‘term of imprisonment’ means the total
amount of time a misdemeanant is incarcerated” but does not include suspended portio ns of

### 3

the sentence. Id ., slip op. at 1, 10. Highbaugh’s sentence therefore does not exceed the one

year maximum for a Class A misdemeanor.
We affirm the judgment of the trial court.
ROBB, C.J., and BAKER, J., concur.
Exhibit 32.2








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 Pazoo, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2014, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Benjamin Hoehn, Acting Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted by 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.








By:
/s/ Benjamin HoehnActing Chief Financial Officer

August 18, 2014








This certification is made solely for purpose of 18 U.S.C. Section 1350, subject to the knowledge standard contained therein, and not for any other purpose.
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


         I, Andre Heroux, President and Chief Executive Officer, certify that in
accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, in my capacity as an officer of MAAX Holdings, Inc.
(the "Company"), that the Quarterly Report of the Company on Form 10-Q for the
quarterly period ended August 31, 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 report fairly presents, in all material respects,
the financial condition and results of operations of the Company.


Date:  October 13, 2005             /s/ ANDRE HEROUX
                                    --------------------------------------------
                                    Name:  Andre Heroux
                                    Title: President and Chief Executive 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.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 7598

ROBERT L. HEDRICK , Plaintiff

- Appellant ,

v. UNITED STATES MARSHAL’S SERVICE , Defendant

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. Leonie M. Brinkema , District Judge. ( 1:15

- cv
- 00532

- LMB

- MSN )

Submitted : July 24, 2020 Decided: July 29, 2020

Before GREGORY, Chief Judge, AGEE and HARRIS , Circuit Judges.

Affirmed by un published per curiam opinion

.
Robert L. Hedrick, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Robert L. Hedrick appeals the district court’s orde r denying his p ost

- judgment
motion filed in his closed civil case. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Hedrick v.
U.S. Marshal’s Serv ., No. 1:15

- cv
- 00532

- LMB

- MSN (E.D. Va. f iled Sept. 3, 2019; entered Sept. 4, 2019). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-7095

TRAVIS F. HIPP,

Petitioner - Appellant,

v.

MICHAEL STEPHAN,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at 

Orangeburg. Timothy M. Cain, District Judge. (5:17-cv-02297-TMC)

Submitted: February 26, 2019 Decided: March 1, 2019

Before KING, THACKER, and QUATTLEBAUM, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Glenn Yarborough, III, LAW OFFICE OF WILLIAM G. YARBOROUGH, III, 

Greenville, South Carolina, for Appellant. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Travis F. Hipp seeks to appeal the district court’s order accepting the 

recommendation of the magistrate judge and dismissing as untimely his 28 U.S.C. § 2254 

(2012) petition. The order is not appealable unless a circuit justice or judge issues a 

certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate of 

appealability will not issue absent “a substantial showing of the denial of a constitutional 

right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the 

merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional claims is debatable or wrong. 

Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 

336-38 (2003). When the district court denies relief on procedural grounds, the prisoner 

must demonstrate both that the dispositive procedural ruling is debatable, and that the 

petition states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 

484-85. 

We have independently reviewed the record and conclude that Hipp has not made 

the requisite showing. Accordingly, we deny Hipp’s motion for a certificate of 

appealability and dismiss the appeal. We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials before this court and 

argument would not aid the decisional process.

DISMISSED
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