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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

 v.

CARLOS GONZALEZ,

Defendant-Appellant.

No. 14-10188

D.C. No. 2:13-cr-01718-SRB

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Jack Zouhary, District Judge, Presiding** 

Submitted July 26, 2016*** 

Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.

Carlos Gonzalez appeals from the district court’s judgment and challenges

his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C.

FILED

AUG 01 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

 ** The Honorable Jack Zouhary, United States District Judge for the

Northern District of Ohio, sitting by designation.

 *** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Gonzalez contends that the district court erred by summarily denying his pro

se motion to dismiss the information on the ground that the motion was not

submitted by his appointed counsel. The district court did not abuse its discretion

by refusing to consider Gonzalez’s pro se motion. See United States v. Mujahid,

799 F.3d 1228, 1236 (9th Cir. 2015), petition for cert. filed, __ U.S.L.W. __ (U.S.

Mar. 4, 2016) (No. 15-8501); United States v. Bergman, 813 F.2d 1027, 1030 (9th

Cir. 1987). 

Gonzalez next contends that his conviction should be reversed because his

due process rights were violated in the course of his original deportation

proceedings in 1997. By entering an unconditional guilty plea, Gonzalez waived

his right to challenge the validity of the underlying deportation order. See Tollett

v. Henderson, 411 U.S. 258, 267 (1973).

Finally, Gonzalez contends that his plea was unknowing and involuntary as

a result of trial counsel’s ineffective assistance. We decline to address Gonzalez’s

claim of ineffective assistance on direct appeal. See United States v. Rahman, 642

F.3d 1257, 1259-60 (9th Cir. 2011). 

AFFIRMED.

2 14-10188
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<PAGE>



                                                                    Exhibit 99.7

                                  CERTIFICATION

                          Chase Credit Card Owner Trust
                           Series 2003-2 (the "Trust")

I, Patricia M. Garvey, a vice president in charge of the reports of the
servicing function of Chase Manhattan Bank USA, National Association for the
above-referenced Trust, certify that:

1.       I have reviewed this annual report on Form 10-K, 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 the
         Trust;

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 trustee by the servicer under the
         pooling and servicing agreement, or similar agreement, for inclusion in
         these reports is included in these reports;

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

5.       The report disclose all significant deficiencies relating to the
         servicer's compliance with the minimum servicing 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 and servicing agreement, or similar agreement, that is included
         in this annual report.





Date:    March 30, 2004


/s/ Patricia M. Garvey
-----------------------------------------------------------
Name:    Patricia M. Garvey
Title:   Vice President
Company: Chase Manhattan Bank USA, National Association
EXHIBIT 24
 POWER OF ATTORNEY
  Signature
    
    Title
    
    Date/s/ Raouf Y. Halim

Raouf Y. Halim
    
    Director and Chief Executive
Officer (Principal Executive
Officer)
    
    November 20, 2009/s/ Dwight W. DeckerDwight W. Decker
    
    Chairman of the Board of Directors
    
    November 20, 2009/s/ Michael T. Hayashi

Michael T. Hayashi
    
    Director
    
    November 20, 2009/s/ Ming Louie

Ming Louie
    
    Director
    
    November 20, 2009/s/ Thomas A. Madden

Thomas A. Madden
    
    Director
    
    November 20, 2009/s/ Jerre L. Stead

Jerre L. Stead
    
    Director
    
    November 20, 2009/s/ Bret W. Johnsen

Bret W. Johnsen
    
    Senior Vice President, Chief
Financial Officer and Treasurer
(Principal Financial and
Accounting Officer)
    
    November 20, 2009
Shahid C. FLORENCE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-3193

District Court of Appeal of Florida, Second District.

October 4, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Granted. Vacated.

Denied.
Kenidie BARNES, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-4131

District Court of Appeal of Florida, Second District.

Opinion filed November 2, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Financial Institutions Examination Council

          - [Docket No. AS24-29]

# AGENCY:

Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

# ACTION:

Notice of special closed meeting.

*Description:*                     In accordance with section 1104(b) of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, codified at 12 U.S.C. 3333(b), notice is hereby given that the Appraisal Subcommittee (ASC) met for a Special Closed Meeting on this date.                

*Location:*                     Virtual meeting via Teams.                

*Date:*                     December 4, 2024.                

*Time:*                     11:03 a.m. ET.                

## Discussion Item

Personnel Matter

The ASC convened a Special Closed Meeting to discuss a personnel matter pursuant to section 1104(b) of Title XI (12 U.S.C. 3333(b)). No action was taken by the ASC.

Loretta Schuster,

Management & Program Analyst.

[FR Doc. 2024-29562 Filed 12-13-24; 8:45 am]

BILLING CODE 6700-01-P
Patchaimmal BENJAMIN, Appellant, v. WELLS FARGO BANK N.A., as Trustee for Soundview Home Loan Trust 2007-OPT5, Asset-Backed Certificates Series 2007-OPT5 and Rashan Wood, Appellees.

Case No. 5D17-211

District Court of Appeal of Florida, Fifth District.

Decision filed August 21, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         December 17, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 2, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 499 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-586, K2025-585.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-29767 Filed 12-16-24; 8:45 am]

BILLING CODE 7710-12-P
Elisme LIMA, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-1604

District Court of Appeal of Florida, Third District.

Opinion filed September 26, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
```

[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Notices]
[Pages 100527-100528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29296]

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

DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-NERO-GATE-38451; PPNEGATEB0, PPMVSCS1Z.Y00000]

Gateway National Recreation Area Fort Hancock 21st Century 
Advisory Committee

AGENCY: National Park Service, Interior.

ACTION: Notice of renewal.

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

SUMMARY: The Secretary of the Interior is giving notice of renewal of 
the Gateway National Recreation Area Fort Hancock 21st Century Advisory 
Committee. The Committee provides advice on the development of a reuse 
plan and on matters relating to future uses of the Fort Hancock 
Historic Landmark District of Gateway National Recreation Area.

FOR FURTHER INFORMATION CONTACT: Daphne Yun, Acting Public Affairs 
Officer, Gateway National Recreation Area, 210 New York Avenue, Staten 
Island, New York 10305, or by telephone (718) 815-3651, or by email 
[email protected].

SUPPLEMENTARY INFORMATION: This notice is published in accordance with 
section 1008 of the Federal Advisory Committee Act of 1972, as amended 
(5 U.S.C. ch.10).
    Certification Statement: I hereby certify that the renewal of the 
Gateway National Recreation Area Fort Hancock

[[Page 100528]]

21st Century Advisory Committee is necessary and in the public interest 
in connection with the performance of duties imposed on the Department 
of the Interior by the National Park Service Organic Act (54 U.S.C. 
100101(a) et seq.), and other statutes relating to the administration 
of the National Park Service.
    Authority: 5 U.S.C. ch. 10.

Deb Haaland,
Secretary of the Interior.
[FR Doc. 2024-29296 Filed 12-11-24; 8:45 am]
BILLING CODE 4312-52-P
```
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6097

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SAMUEL BENJAMIN KELLY, a/k/a Tiz,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Rebecca Beach Smith, District

Judge. (2:94-cr-00163-RBS-4; 2:98-cv-00569-RBS)

Submitted: April 17, 2008 Decided: April 23, 2008

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Samuel Benjamin Kelly, Appellant Pro Se. Laura P. Tayman, Assistant

United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Samuel Benjamin Kelly seeks to appeal the district

court’s order denying his Fed. R. Civ. P. 60(b) motion seeking

reconsideration of the district court’s order denying relief on his

28 U.S.C. § 2255 motion. The order is not appealable unless a

circuit justice or judge issues a certificate of appealability. 28

U.S.C. § 2253(c)(1) (2000); Reid v. Angelone, 369 F.3d 363, 369

(4th Cir. 2004). 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) (2000). 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 Kelly has not

made the requisite showing. Accordingly, we deny a certificate of

appealability and dismiss the appeal.

Additionally, we construe Kelly’s notice of appeal and

informal brief as an application to file a second or successive

motion under 28 U.S.C. § 2255. United States v. Winestock, 340

F.3d 200, 208 (4th Cir. 2003). In order to obtain authorization to

file a successive § 2255 motion, a prisoner must assert claims

based on either: (1) a new rule of constitutional law, previously
- 3 -

unavailable, made retroactive by the Supreme Court to cases on

collateral review; or (2) newly discovered evidence, not previously

discoverable by due diligence, that would be sufficient to

establish by clear and convincing evidence that, but for

constitutional error, no reasonable factfinder would have found the

movant guilty of the offense. 28 U.S.C. §§ 2244(b)(2), 2255

(2000). Kelly’s claims do not satisfy either of these criteria.

Therefore, we deny authorization to file a successive § 2255

motion. 

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
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