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United States Court of Appeals

For the Eighth Circuit 

___________________________

No. 21-1733

___________________________

 

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Tracy Todd Presson

lllllllllllllllllllllDefendant - Appellant

____________

Appeal from United States District Court 

for the Western District of Missouri - Springfield

____________

Submitted: September 1, 2021

Filed: September 7, 2021

[Unpublished]

____________

 

Before LOKEN, COLLOTON, and STRAS, Circuit Judges. 

____________

 

PER CURIAM.

The district court1 imposed an 840-month prison sentence after Tracy Presson 

pleaded guilty to sexually exploiting and coercing and enticing a minor. See 18 

1

The Honorable Stephen R. Bough, United States District Judge for the 

Western District of Missouri.
-2-

U.S.C. §§ 2251(a) (sexual exploitation), 2422(b) (coercion and enticement). In an 

Anders brief, Presson’s counsel suggests that the district court should have permitted 

Presson to withdraw his guilty plea. See Anders v. California, 386 U.S. 738 (1967). 

In a pro se brief, Presson argues that he received ineffective assistance of counsel 

and that the prosecutor engaged in misconduct. 

We conclude that the plea was knowing and voluntary, see Nguyen v. United 

States, 114 F.3d 699, 703 (8th Cir. 1997) (explaining that a defendant’s statements 

during the plea hearing carry “a strong presumption of verity”), plea counsel was not 

ineffective, see id.; United States v. Trevino, 829 F.3d 668, 672 (8th Cir. 2016), and 

that there is no evidence of prosecutorial misconduct, see United States v. Hunter, 

770 F.3d 740, 743 (8th Cir. 2014). We have also independently reviewed the record 

and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 

75, 82–83 (1988). We accordingly affirm the judgment of the district court and grant 

counsel permission to withdraw.

______________________________
#### Lucina Augusta Finch, as Administratrix of the Estate of Oliver G. Finch, Deceased, *Plaintiff in Error,*v. R. E. Bonar, *Defendant in Error.*

Under section 1280, Revised Statutes, proceedings to review in the Supreme Court judgments of the Circuit Courts when acting as appellate courts in cases arising before judges of the *247county courts 'in matters pertaining to their probate jurisdiction, must be by appeal governed by the law and rules regulating appeals in chancery, and not by writ of error.

This case was decided by Division B.

Writ of error to the Circuit Court for Marion county.

The facts in the case are stated in the opinion of the court.

*W. S. Bullock*for plaintiff in error.

*Richard McConathy*for defendant in error.

Carter, P. J.

Plaintiff in error seeks by writ of error to reverse a judgment of the Circuit Court of Marion county which in an appellate proceeding affirmed an order of the county judge of that county made in a matter pertaining to his probate jurisdiction.

Section 1280, Revised Statutes, provides that “appeals from the county judge to the Circuit Court in matters pertaining to his probate jurisdiction and in the management of the estates of infants, and from the Circuit Court to the Supreme Court in such matters arising before the county judge, shall be governed in all respects by the law and rules regulating appeals in chancery.”

Under section 5, article V, constitution of 1885, this court has jurisdiction to review judgments of the Circuit Courts when acting as appellate courts in cases arising before judges of the county courts in matters pertaining to their probate jurisdiction, but under the quoted section of the Revised Statutes the proceeding must be by appeal, governed by the law and rules regulating appeals in chancery, and not by writ of error. As no appeal was entered in this case, and the writ of error sued out does not lie, the proceeding must be dismissed, and it will be so ordered. *248See *Grooms v.*Wood, 43 Fla. 50, 29 South. Rep. 445 ; *Heebner v. Town of Orange*City, 44 Fla. 159, 32 South. Rep. 879.

Maxwerr and Cockrerr, JJ., concur.

Tayror, C. J., and Shackreeord, J., concur in the opinion.

Hocker, J., being disqualified, took no part in its. consideration.
#### In re the MARRIAGE OF Margie Levern ANDERSON, Appellee, and Howard Edward Anderson, Appellant.

No. 86CA1811.

Colorado Court of Appeals, Div. I.

Aug. 18, 1988.

Morton L. Davis, Aurora, for appellee.

Fasing and Fasing, P.C., Gregory J. Fas-ing, Denver, for appellant.

REED, Judge.

Howard Edward Anderson (father) appeals a trial court order increasing his child support obligation. We affirm.

In increasing the child support from $175 to $313.74 monthly, the trial court relied solely on the parties’ increased income. The court found that this factor alone constituted changed circumstances so substantial and continuing as to render the prior order unconscionable.

Father contends that increased income alone is insufficient to establish an unconscionable change in circumstances. However, § 14-10-122(l)(a), C.R.S. (1987 Repl.Vol. 6B) no longer requires a finding of unconscionability. As of November 1, 1986, the statute requires only a showing of changed circumstances that are substantial and continuing. We agree with the trial court’s conclusion that the parties’ increased income of $1200 monthly constitutes a substantial change in circumstances. In such a case, the child’s increased needs are presumed. *See*§ 14-10-115(3)(a), C.R.S. (1987 RepLVol. 6B). Father presented no evidence rebutting the showing of changed circumstances or the presumption of need, nor does he contest the continuing nature of the changed circumstances. Therefore, we perceive no error.

Father nonetheless contends that the court erred in consulting the guideline set forth in § 14-10-115(10)(b), C.R.S. (1987 RepLVol. 6B) to determine the appropriate amount of increase. Again, we disagree.

At the time of the increase, the guideline was applicable to all child support obli*294gations arising on or after November 1, 1986. We reject father’s argument that since his obligation to provide support *originated*prior to November 1, 1986, the guideline was inapplicable. A new child support obligation arises each time a modification is ordered. Since this modification was ordered after November 1, 1986, the court correctly applied the guideline.

Furthermore, father would not escape the guideline’s application. Section 14-10-115(17), C.R.S. (1987 Repl. Vol. 6B) now provides:

> “This section [14-10-115] shall apply to all child support obligations, *established or modified,*as a part of any proceeding, including, but not limited to, articles 5, 6 and 10 of this title ... *whether filed on, prior to, or subsequent to*July 10, 1987.” (emphasis added)

Thus, even were we to reverse on this issue, the trial court would be obligated to apply the guideline on remand. *See In re Marriage of Pugliese,*761 P.2d 277 (Colo.App.1988).

The order is affirmed.

PIERCE and STERNBERG, JJ., concur.
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,
      George
      A. McQuain, the Chief Executive Officer of Global Axcess Corp (the "Company"),
      certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
      Section 1350, that to the best of my knowledge:





(1)
      the
      Annual Report on Form 10-KSB of the Company for the fiscal year ended December
      31, 2006 (the "Report") fully complies with the requirements of Section 13
      (a)
      or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
      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:
      March 28, 2007




/s/George
                A. McQuainName:
              George A. McQuainTitle: President and
              Chief
              Executive Officer
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by
reference in the following Registration Statements of our reports dated September 21, 2007, with respect to the consolidated financial statements and schedule of Avatech Solutions, Inc. included in the Annual Report (Form 10-K) for the year
ended June 30, 2007.

Registration Statements on Form S-1:

REGISTRATION NUMBER

333-134862

333-135231

333-131720

333-140418

Registration Statements on Form S-3:

REGISTRATION
NUMBER

333-50426

Registration Statements on Form S-8



|                    |  |                                                 
|------------------- |  | ------------------------------------------------
|Registration Number |  | NAME                                            
|333-14429           |  | 1996 Amended and Restated 1987 Stock Option Plan
|                    |  | 1996 Equity Incentive Plan                      
|                    |  | 1996 Non-Employee Directors Stock Option Plan  
|                    |  | Employee Stock Purchase Plan                    
|333-56079           |  | 1996 Equity Incentive Plan                      
|                    |  | Employee Stock Purchase Plan                    
|333-59569           |  | 1998 Non-Officer Stock Option Plan              
|333-85939           |  | 1996 Equity Incentive Plan                      
|                    |  | Employee Stock Purchase Plan                    
|                    |  | 1998 Non-Officer Stock Option Plan              
|333-107017          |  | Restricted Stock Award Plan                     
|333-108354          |  | 2002 Stock Option Plan                          
|333-117195          |  | Employee Stock Purchase Plan                    
|333-131721          |  | Restricted Stock Award Plan                     

/s/ Stegman & Company

Baltimore, Maryland

September 26, 2007
Statement on toxicological data:

has not completed any toxicological studies on the LVE substance. The data provided is based on structurally similar products that are sold into the personal care markets. The data provide may be used as read across data. We would e xpect the same lack of adverse effects if the LVE substance was tested.

Substance 1 –

Substance 2 –

Substance 3 -
**EXHIBIT 32.02**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Michael Cothill, the Chief Accounting and Financial Officer of Hammer Fiber Optics Holdings Corp., certify, under the standards set forth and solely for the purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge, the Quarterly Report on Form 10-Q of the Registrant for the period ended April 30, 2018, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in that Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Registrant.

 

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. 

 

Date: June 14, 2018 

 

**Hammer Fiber Optics Holdings Corp.**

 

 

By: */s/ Michael Cothill*

Name: Michael Cothill

Title: Chief Accounting and Financial Officer

 

 

A signed original of this written statement required by Section 906 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.

----
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---

Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Garth Likes, hereby 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 Quarterly Report on Form 10-Q of Cyplasin Biomedical
      Ltd. for the period ended April 30, 2009 (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 Cyplasin Biomedical Ltd.                                                                 

|Dated: July 2, 2009 | /s/
      Garth Likes                                          
|------------------- | ---------------------------------------------------------------
|                    | Garth Likes                                                    
|                    | President, Chief Executive Officer and Director                
|                    | (Principal Executive Officer, Principal
      Financial Officer
|                    | and Principal Accounting Officer)                              
|                    | Cyplasin Biomedical Ltd.                                       

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 Cyplasin
Biomedical Ltd. and will be retained by Cyplasin Biomedical Ltd. and furnished
to the Securities and Exchange Commission or its staff upon request.

---
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EXHIBIT  32.1


                                 CERTIFICATION

     Pursuant  to  Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.1350,
as  adopted),  Tim  Wilkens,  Chief Executive Officer of Golden Gate Homes, Inc.
(the  "Company"),  hereby  certifies  that,  to  the  best  of  his  knowledge:

     1.  The  Company's Quarterly Report on Form 10-Q for the period ended March
31,  2011,  to  which  this  Certification  is  attached  as  Exhibit  32.1 (the
"Quarterly  Report")  fully  complies  with the requirements of Section 13(a) or
Section  15(d)  of  the  Securities  Exchange  Act  of  1934,  and

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

      IN WITNESS WHEREOF, the undersigned has set his hands hereto as of May 18,
2011.

                         /s/  Tim  Wilkens
                         ---------------
                         Tim  Wilkens
                         Chief  Executive  Officer
                        (Principal  Executive  Officer)
EXHIBIT 32.2

 

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

ADOPTED PURSUANT TO SECTION 906 OF

THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Annual Report of Fortune Industries, Inc., an Indiana corporation, (the “Company”) on Form 10-K/A for the period ending August 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Garth D. Allred, Chief Financial Officer of the Company, certify the following pursuant to Section 18, U.S.C.            1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002:

 

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: October 13, 2008 | By: /s/ Garth D. Allred   |
|------------------------|--------------------------------|

Garth D. Allred,

Chief Financial Officer
EXHIBIT
23.1





Consent
of Registered Independent Public Accounting Firm





Fortune
Industries, Inc.


Indianapolis,
Indiana





We
consent the use of our audit report dated September 28, 2010, with respect to
the consolidated balances sheets of Fortune Industries, Inc. and subsidiaries as
of June 30, 2010 and 2009 and the related consolidated statements of operations,
changes in shareholders’ equity (deficit), and cash flows for each of the fiscal
periods ended June 30, 2010, 2009 and August 31, 2008.





/s/
      SOMERSET CPAs, P.C.Indianapolis,
      IndianaSeptember
      28, 2010
#### C. B. Smith, Appellant, v. Lewis Edwards, Appellee.

Division B.

Appeal from Circuit Court, Levy county; William A. Hocker, Judge.

*637Doggett & VanDeman and Baker & Baker for appellant.

E. C. E. Sanchez for appellee.

The bill in this cause was filed by the appellee against the appellant. There was decree for the complainant, and the defendant appeals. The decree is affirmed.

Decision *Per Curiam.*