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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-4323

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JOVANI ZAMORA, a/k/a Jovani Martinez Zamora,

a/k/a Jovani Betancourt Zamora, a/k/a Jovani

Martinez,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of North Carolina, at Asheville. Lacy H. Thornburg,

District Judge. (CR-02-66)

Submitted: May 14, 2003 Decided: June 20, 2003

Before NIEMEYER, MICHAEL, and SHEDD, Circuit Judges.

Remanded by unpublished per curiam opinion.

Kyle William King, Asheville, North Carolina, for Appellant. Jerry

Wayne Miller, OFFICE OF THE UNITED STATES ATTORNEY, Asheville,

North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Jovani Martinez Zamora seeks to appeal his conviction and

sentence. In criminal cases, the defendant must file his notice of

appeal within ten days of the entry of judgment. Fed. R. App. P.

4(b)(1)(A). With or without a motion, the district court may grant

an extension of time to file of up to thirty days upon a showing of

excusable neglect or good cause. Fed. R. App. P. 4(b)(4); United

States v. Reyes, 759 F.2d 351, 353 (4th Cir. 1985).

The district court entered its judgment on March 13, 2003; the

ten-day appeal period expired on March 27, 2003. Zamora filed his

notice of appeal on April 3, 2003, after the ten-day period expired

but within the thirty-day excusable neglect period. Because the

notice of appeal was filed within the excusable neglect period, we

remand the case to the district court for the court to determine

whether Zamora has shown excusable neglect or good cause warranting

an extension of the ten-day appeal period. The record, as

supplemented, will then be returned to this court for further

consideration.

REMANDED
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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 quarterly report of Shengkai Innovations, Inc. (the “Company”) on Form 10-Q for the quarter ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Wang Chen, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350 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.
 
 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.
 
 The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. section 1350 and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
 
 
 Date: February 11, 2011
By:
/s/ Wang ChenName:  Wang ChenTitle:    Chief Executive Officer

(principal executive officer)
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III 

113TH CONGRESS 

1ST SESSION S. RES. 137 

Designating May 2013 as ‘‘Older Americans Month’’. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2013 

Mr. NELSON (for himself, Ms. COLLINS, Mr. SANDERS, and Mr. COONS) 

submitted the following resolution; which was considered and agreed to 

RESOLUTION 

Designating May 2013 as ‘‘Older Americans Month’’. 

Whereas President John F. Kennedy first designated May as 

‘‘Senior Citizens Month’’ in 1963; 

Whereas, in 1963, only 17,000,000 living people in the 

United States had reached their 65th birthday, approximately 1⁄3 of older people in the United States lived in 

poverty, and there were few programs to meet the needs 

of older people in the United States; 

Whereas, as of 2013, there are more than 41,000,000 people 

in the United States who are 65 years of age or older; 

Whereas, as of 2013, there are more than 9,000,000 veterans 

of the Armed Forces who are 65 years of age or older; 

Whereas older people in the United States rely on Federal 

programs such as Social Security, Medicare, Medicaid, 

and, in the case of veterans, TRICARE and the health 


TKELLEY on DSK3SPTVN1PROD with BILLS
2 

•SRES 137 ATS 

care system of the Department of Veterans Affairs, for 

financial security and high-quality, affordable health care; 

Whereas the Older Americans Act of 1965 (42 U.S.C. 3001 

et seq.) provides federally funded community-based social 

services and nutritional support programs to nearly 

2,600,000 older people in the United States each year; 

Whereas many people in the United States are living longer, 

working longer, and enjoying healthier, more active lifestyles than in past generations; 

Whereas older people play an important role by continuing to 

contribute experience, knowledge, wisdom, and accomplishments; 

Whereas older people are active community members involved 

in volunteering, mentorship, arts and culture, and civic 

engagement; and 

Whereas recognizing the successes of older people in the community encourages ongoing participation and further accomplishments: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates May 2013 as ‘‘Older Americans 

3 Month’’; 

4 (2) recognizes May 2013 as the 50th anniver5 sary of ‘‘Older Americans Month’’; and 

6 (3) encourages the people of the United States 

7 to provide opportunities for older people to continue 

8 to flourish by— 


TKELLEY on DSK3SPTVN1PROD with BILLS
3 

•SRES 137 ATS 

1 (A) emphasizing the importance of older 

2 people and their leadership by publicly recog3 nizing their continued achievements; 

4 (B) presenting opportunities for older peo5 ple to share their wisdom, experience, and 

6 skills; and 

7 (C) recognizing older people as a valuable 

8 asset in strengthening the communities of the 

9 United States. 

Æ 


TKELLEY on DSK3SPTVN1PROD with BILLS
1The Honorable Gregory W. Carman, Chief Judge, United States Court of

International Trade, sitting by designation.

2The Honorable Edward J. McManus, United States District Judge for the

Northern District of Iowa.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 00-2590

___________

Keith Kulow, *

*

Appellant, * Appeal from the United States

* District Court for the

v. * Northern District of Iowa.

*

Cargill, Incorporated, * [UNPUBLISHED]

*

Appellee. *

___________

Submitted: April 11, 2001

Filed: April 16, 2001

___________

Before BOWMAN and FAGG, Circuit Judges, and CARMAN,1 Judge.

___________

PER CURIAM.

A jury returned a verdict in favor of Cargill, Incorporated, on Keith Kulow's

claim of age discrimination. The District Court2 entered judgment on the jury verdict

and denied Kulow's motion for a new trial. Kulow timely appeals. 
-2-

Seeking reversal and remand for a new trial, Kulow argues that the District Court

abused its discretion in submitting a verdict form combining what Kulow characterizes

as two age discrimination claims into one. Kulow also argues that the trial court abused

its discretion in admitting into evidence the testimony of Barb Kula. We disagree with

both contentions. Having considered the matter, we conclude the trial court did not

abuse its discretion in either respect. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
ex10_42.htm








Exhibit 10.42


 


BEST ENERGY SERVICES, INC


5433 WESTHEIMER SUITE 825


HOUSTON, TEXAS 77056







December 14, 2009







Mr. Michael Schnackenberg


15 Greenlaw Ct.


Sugar Land, Texas  77441







Dear Mr. Nickel;







This letter agreement (the “Agreement”) will evidence the understanding of Bruce Nickel as a Participant (“Participant”) and Best Energy Services, Inc. (“Best”) with regard to Participant’s participation in the East Texas Project known as the “Akin Prospect” currently being developed by Best Energy Ventures, LLC (“BEV”), a wholly owned subsidiary of BES.







The agreements and obligations of Participant and Best are set forth below.







Upon the execution of this Agreement, Participant shall pay Best by check or wire transfer in immediately available funds the sum of $25,000.  Best has received a short term assignment of the lease(s) comprising 100% of the working interests in the Akin Prospect (the “Term Assignment”), which Term Assignment is attached hereto as Exhibit A.  This Term Assignment is an asset of BEV.







Upon receipt of the $25,000 by Best, subject to the terms and conditions below, Best shall:








	
  

	
1)

	
Grant Participant a 5 year warrant to acquire 300,000 shares of common stock of Best at a strike price of $0.25 per share; provided, however, that in the event an equity offering by Best is closed within the next 60 days (the “Placement”), the warrant price will be reduced to the price used in such Placement (but no other adjustments will be made to the warrants).  The warrants will be evidenced by, and subject to, Best’s standard form of warrant, which shall include appropriate investment representations.













	
  

	
2)

	
Grant Participant a 6.25% Membership Interest in BEV, a currently wholly owned subsidiary of Best, which shall hold the Term Assignment of the Akin Prospect.













	
  

	
3)

	
In addition, in the event that the Akin Prospect is not developed within the time frame sufficient to hold the lease stipulated in Exhibit A, Participant will be granted 250,000 unregistered common shares in Best.











  





  











  








This Agreement may be signed in counterparts and transmitted via facsimile and/or PDF and as such shall evidence concurrence by the executing party of the terms set forth herein.







If this Agreement accurately sets forth your understanding of the agreed upon terms of the deal, please so indicate by signing below and returning an executed copy for our files








	  	
Very truly yours,


	  	  
	  	
Mark Harrington


	  	
Chairman and CEO












Accepted and Agreed to this 26th day of  April 2010.








	/s/ Michael Schnackenberg
	
Michael Schnackenberg
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[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Notices]
[Page 9267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3843]



[[Page 9267]]

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

DEPARTMENT OF JUSTICE

Foreign Claims Settlement Commission


Sunshine Act Meeting

F.C.S.C. Meeting and Hearing Notice No. 02-12

    The Foreign Claims Settlement Commission, pursuant to its 
regulations (45 CFR part 503.25) and the Government in the Sunshine Act 
(5 U.S.C. 552b), hereby gives notice in regard to the scheduling of 
open meetings as follows:
    Thursday, February 23, 2012:

3:00 p.m.--Issuance of Proposed Decisions in claims against Libya.
4:00 p.m.--Oral hearing on Objection to Commission's Proposed Decision 
in Claim No. LIB-II-088.

    Friday, February 24, 2012:

9:00 a.m.--Oral hearings on Objection to Commission's Proposed 
Decisions in Claim No. LIB-I-051; 10:30 a.m.--LIB-II-169; 12:00 NOON--
LIB-II-178.

    Status: Open.
    All meetings are held at the Foreign Claims Settlement Commission, 
600 E Street NW., Washington, DC. Requests for information, or advance 
notices of intention to observe an open meeting, may be directed to: 
Judith H. Lock, Executive Officer, Foreign Claims Settlement 
Commission, 600 E Street NW., Suite 6002, Washington, DC 20579. 
Telephone: (202) 616-6975.

Jaleh F. Barrett,
Chief Counsel.
[FR Doc. 2012-3843 Filed 2-14-12; 4:15 pm]
BILLING CODE 4410-BA-P