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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-8101

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

MARVIN BAILEY, a/k/a Larry Anderson, a/k/a Head, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Southern 

District of West Virginia, at Charleston. John T. Copenhaver, 

Jr., District Judge. (2:96-cr-00191-3; 2:07-cv-00321) 

Submitted: February 19, 2009 Decided: February 25, 2009 

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Marvin Bailey, Appellant Pro Se. Charles T. Miller, United 

States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Marvin Bailey seeks to appeal the district court’s 

order accepting the recommendation of the magistrate judge and 

denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2008) 

motion. The order is not appealable unless a circuit justice or 

judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1) (2006). 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) (2006). A 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 

322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); 

Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have 

independently reviewed the record and conclude that Bailey has 

not made the requisite showing. Accordingly, we deny 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 the 

court and argument would not aid the decisional process. 

DISMISSED
EXHIBIT 31.1



I, Michael Frank Connor, certify that:

          1.    I have reviewed this annual report on Form 10-K/A, and all
reports on Form 8-K containing distribution or servicing reports filed in
respect of periods included in the year covered by this annual report, of
Merrill Lynch Depositor, Inc., on behalf of PreferredPLUS Trust Series CTR-1;

          2.    Based on my knowledge, the information in these reports, taken
as a whole, does not contain any untrue statement of a material fact or omit to
state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading as of the
last day of the period covered by this annual report;

          3.    Based on my knowledge, the distribution or servicing information
required to be provided to the depositor by the trustee under the pooling and
servicing, or similar, agreement, for inclusion in these reports is included in
these reports;

          4.    I am responsible for reviewing the activities performed by the
depositor and the trustee under the pooling and servicing, or similar, agreement
and based upon my knowledge and the annual compliance review required under that
agreement, and except as disclosed in the reports, the depositor and trustee
have each fulfilled its obligations under that agreement; and

          5.    The reports disclose all significant deficiencies relating to
the compliance by the depositor or trustee with the minimum servicing or similar
standards based upon the report provided by an independent public accountant,
after conducting a review in compliance with the Uniform Single Attestation
Program for Mortgage Bankers or similar procedure, as set forth in the pooling
or servicing, or similar, agreement, that is included in these reports.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties: The Bank of New York and
its officers and agents.


Date: March 30, 2004                        /s/ Michael Frank Connor
                                            ------------------------
                                            Michael Frank Connor
                                            President
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-41452

Conference Calendar

 

RAUL ELIZONDO ALVAREZ,

Petitioner-Appellant,

versus

MICHAEL PURDY, Warden,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. C-01-CV-166

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

August 20, 2002

Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.

PER CURIAM:*

Raul Elizondo Alvarez (“Alvarez”), federal prisoner

#22950-149, appeals the district court’s dismissal of his 28

U.S.C. § 2241 petition for lack of jurisdiction. He argues that

his claim under Apprendi v. New Jersey, 530 U.S. 466 (2000),

meets the requisite criteria for proceeding under the “savings

clause” of 28 U.S.C. § 2255 and that he was actually innocent of

his cocaine convictions. 
No. 01-41452

-2-

Alvarez’ reliance on Apprendi is misplaced. Apprendi does

not affect Alvarez’ term of imprisonment because his 262-month

sentence is within the statutory maximum for his offenses. See

United States v. Keith, 230 F.3d 784, 787 (5th Cir. 2000), cert.

denied, 531 U.S. 1182 (2001). Furthermore, notwithstanding his

assertions of innocence, Alvarez fails to show that his claim “is

based on a retroactively applicable Supreme Court decision which

establishes that [he] may have been convicted of a nonexistent

offense.” See Reyes-Requena v. United States, 243 F.3d 893, 904

(5th Cir. 2001). Accordingly, the district court did not err in

determining that Alvarez could not bring his claim under the

“savings clause” of 28 U.S.C. § 2255.

AFFIRMED.
-:-XnT'/FHTOF 

UNITED STATES OF AMERICA- i OPERAilUr.o 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS;^ R 30 P 12 J 

WASHINGTON, DC 

TRAVEL GROUP, INC., D/B/A REPUBLIC AIR TRAVEL 

AND SCOT SPENCER 

AIRLIFr GROUP, INC. 

AND RICHARD BERNARD 

Unauthorized Air Transportation, Unfair and Deceptive 

PkBctices and Unfair Methods of Competition, and 

Violations of Public Charter Rules 

EXPRESS ONE INTERNATIONAL, INC. 

Unfair and Deceptive Practices and Unfair Methods of 

Competition, and Violations of Public Charter Rules 

Enforcement Proceeding 

DOT-OST-1995-272 

formwiy 

Docket 49233 

STATUS REPORT 

The Office of the Assistant General Counsel for Aviation Enforcement and 

Proceedings ("Enforcement Office"), pursuant to Your Honor's March 22, 2006, Order 

staying this proceeding, files this report detailing the current status of this proceeding and 

settlement negotiations. 

The Department has not ruled on the outstanding motions filed by Respondents 

and opposed by the Enforcement Office in Ascend Aviation Group, Docket OST-2004-

17486. 
2 

There have been no further settlement discussions. 

Date: March 30, 2012. 

Respectfully submitted. 

Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings 

Dayton Lehman, Jr. 

Deputy Assistant General Counsel for 

Aviation Enforcement and Proceedings 

William J. Wagnei^ (\ 

Senior Trial Attorney 

United States Department of Transportation 

Office of Aviation Enforcement and Proceedings 

1200 New Jersey Avenue, S.E. 

Room 96-429 

Washington, D.C. 20590 

TEL: 202-366-9342 

FAX: 202-366-7152 
Docket No. DOT-OST-1995-272 

I hereby certify that on this 30th day of March, 2012, a true and correct copy of the 

foregoing Status Report was served in the following manner to the following: 

Original 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

By First Class Mail 

The Honorable Ronnie A Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

Washington, D.C. 20590 

TEL: (202) 366-2142 

FAX: (202) 366-7536 

By First Class Mail 

Scot Spencer 

SBD Aircraft Services 

255 S Leland Norton Way 

Sam Bernardino, CA 92408
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In re:

CHANCE & ANTHEM, LLC, Case No. 18-16248-BKC-MAM

Chapter 7

Debtor.

 /

ROBERT C. FURR not individually but ADV. PROC. NO. 22-01032-MAM

as Chapter 7 Trustee of the estate of the

Substantively Consolidated Debtors,

Chance & Anthem, LLC, Sovereign 

Gaming & Entertainment, LLC,

Florida’s Association of Community

Banks and Credit Unions, Inc., and

Sympatico Equine Rescue, Inc.

Plaintiff,

v.

GEORGE MALER AND

JERI MALER,

Defendants.

 /

CERTIFICATE OF SERVICE

I, Barry P. Gruher, Esq., certify that service of the Adversary Complaint to Avoid and 

Recover Fraudulent Transfers to Insiders [ECF No. 1], Summons and Notice of Status

Conference in an Adversary Proceeding [ECF No. 4], Order Setting Status Conference and 

Establishing Procedures and Deadlines [ECF No. 3] was made by:

X Mail Service: Regular, first class United States mail sent on February 7, 

2022 and addressed to Defendant:

George Maler

12509 World Cup Ln

Wellington, FL 33414-3502

Jeri Maler

12509 World Cup Ln

Wellington, FL 33414-3502

Case 22-01032-MAM Doc 5 Filed 02/07/22 Page 1 of 2
2

Personal Service: By leaving the process with Defendant or with an officer

or agent of Defendant N/A

Residence Service: By leaving the process with the following adult via process

server: N/A

Certified Mail Service on an Insured Depository Institution: By sending the

process by certified mail addressed to the following officer of the defendant at: 

N.A

Publication: The defendant was served as follows: [Describe briefly] State

Law: The defendant was served pursuant to the laws of the State of

, as follows: [Describe briefly]

If service was made by personal service, by residence service, or pursuant to

state law, I further certify that I am, and at all times during the service of process was, not 

less than 18 years of age and not a party to the matter concerning which service of process 

was made.

Under penalty of perjury, I declare that the foregoing is true and correct.

Dated this 7

th day of February, 2022.

GENOVESE JOBLOVE & BATTISTA, P.A.

Counsel to the Chapter 7 Trustee

100 S.E. 2nd Street, Suite 4400

Miami, FL 33131

Tel.: (305) 349-2300

Fax.: (305) 349-2310

By:/s/ Barry P. Gruher 

Barry P. Gruher, Esq.

Florida Bar No. 960993

bgruher@gjb-law.com

Maxine K. Streeter, Esq.

Florida Bar No. 880477

mstreeter@gjb-law.com

Case 22-01032-MAM Doc 5 Filed 02/07/22 Page 2 of 2
[Federal Register Volume 63, Number 196 (Friday, October 9, 1998)]
[Corrections]
[Page 54526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X98-11009]



Federal Register / Vol. 63, No. 196 / Friday, October 9, 1998 / 
Corrections

[[Page 54526]]



DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Amendment of Licenses

Correction

    In notice document 98-25940 beginning on page 51915 in the issue of 
September 29, 1998, make the following correction:
    On page 51915, in the second column, under ``b. Project Nos'' 
``1989-011'' should read ``1892-011''.
BILLING CODE 1505-01-D
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 Report on Form 10-QSB of Total Luxury Group, Inc.
(the "Company") for the year ended March 31, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), Richard B. Davis, as
Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C.
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of his 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.


                                                     /s/ Richard B. Davis
                                                     ---------------------------
                                                     Richard B. Davis
                                                     Chief Financial Officer

                                                     Date: October 27, 2005


                                       14
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000             DEC-31-1999
<PERIOD-START>                             JAN-01-2000             JAN-01-1999
<PERIOD-END>                               SEP-30-2000             SEP-30-1999
<CASH>                                         104,074                       0
<SECURITIES>                                     5,992                       0
<RECEIVABLES>                                   27,404                       0
<ALLOWANCES>                                     2,641                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                               144,894                       0
<PP&E>                                          21,772                       0
<DEPRECIATION>                                   4,275                       0
<TOTAL-ASSETS>                                 190,083                       0
<CURRENT-LIABILITIES>                           68,070                       0
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                            13                       0
<OTHER-SE>                                     121,644                       0
<TOTAL-LIABILITY-AND-EQUITY>                   190,083                       0
<SALES>                                        590,965                 396,172
<TOTAL-REVENUES>                               590,965                 396,172
<CGS>                                          557,622                 401,426
<TOTAL-COSTS>                                  557,622                 401,426
<OTHER-EXPENSES>                               136,042                  74,552
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                             (5,715)                     721
<INCOME-PRETAX>                               (96,984)                (80,527)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                           (96,984)                (80,527)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                  (96,984)                (80,527)
<EPS-BASIC>                                      (.77)                   (.91)
<EPS-DILUTED>                                    (.77)                   (.91)


</TABLE>
Eve BURT v. Michael BURT et al.

1160501

Supreme Court of Alabama.

April 14, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Case 22-11375-RAM Doc 15 Filed 03/08/22 Page 1 of 5
Case 22-11375-RAM Doc 15 Filed 03/08/22 Page 2 of 5
Case 22-11375-RAM Doc 15 Filed 03/08/22 Page 3 of 5
Case 22-11375-RAM Doc 15 Filed 03/08/22 Page 4 of 5
Case 22-11375-RAM Doc 15 Filed 03/08/22 Page 5 of 5
Adam D. SHEPHERD, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-262

District Court of Appeal of Florida, Fifth District.

Decision filed May 29, 2018 Rehearing and Rehearing En Banc Denied July 21, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
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-QSB of Universal
Communication Systems, Inc. (the "Company") for the period ended June 30, 2005
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned, Curtis Orgill, Chief Financial Officer of the
Company, hereby certifies, pursuant to 18 U.S.C. section 1350, 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/ Curtis Orgill
Dated: August 19, 2005                    -----------------------
                                          Curtis Orgill
                                          Chief Financial Officer

This certification shall not be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934, nor shall it be deemed incorporated by
reference in any filing under the Securities Act of 1933 or the Securities
Exchange Act of 1934, except to the extent as shall be expressly set forth by
specific reference in such filing.
EX-31.2CERTIFICATION OF CFO
**EXHIBIT 31.2**
 
**1. Chief Financial Officer

 

CERTIFICATION 

 

I, Kenneth J. Yonika, Chief Financial Officer of ViaStar Media Corporation certify that:
1. 
I have reviewed this quarterly report on Form 10-QSB of ViaStar Media Corporation; 
2. 
Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report; 
3. 
Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report; 
4. 
The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) {omitted in accordance with section III.E. of SEC Release No. 34-47986] for the registrant and we have: 
a)
 
designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared; 
b) 
[omitted in accordance with section III.E. of SEC Release No. 34-47986] 
c)
 
evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this quarterly report based on such evaluation; and 
d)
 
disclosed in this quarterly report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and
5. 
The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions): 
a)
 
all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and 
b)
 
any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.    
Dated: February 23, 2004
By:
 
/s/ KENNETH J. YONIKA 
 
 **Kenneth J. Yonika, CPA****
EX PARTE T.C.K.

1160487 (2150943)

Supreme Court of Alabama.

April 21, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Cert. denied.