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               AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
               SUCH FINANCIAL STATEMENTS.
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</TABLE>
I 

111TH CONGRESS 

2D SESSION H. R. 6489 

To amend title XIX of the Social Security Act to provide 100 percent 

reimbursement for medical assistance provided to Native Hawaiians 

through a federally qualified health center or a Native Hawaiian health 

care system. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 2, 2010 

Ms. HIRONO introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to provide 

100 percent reimbursement for medical assistance provided to Native Hawaiians through a federally qualified 

health center or a Native Hawaiian health care system. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Native Hawaiian Med5 icaid Coverage Act of 2010’’. 


hsrobinson on DSK69SOYB1PROD with BILLS
2 

•HR 6489 IH

1 SEC. 2. 100 PERCENT FMAP FOR MEDICAL ASSISTANCE 

2 PROVIDED TO A NATIVE HAWAIIAN THROUGH 

3 A FEDERALLY QUALIFIED HEALTH CENTER 

4 OR A NATIVE HAWAIIAN HEALTH CARE SYS5 TEM UNDER THE MEDICAID PROGRAM. 

6 (a) IN GENERAL.—The third sentence of section 

7 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) 

8 is amended by inserting ‘‘; and, with respect to medical 

9 assistance provided to a Native Hawaiian (as defined in 

10 section 12(2) of the Native Hawaiian Health Care Im11 provement Act) through a federally qualified health center 

12 or a Native Hawaiian health care system (as defined in 

13 section 12(6) of such Act), whether directly, by referral, 

14 or under contract or other arrangement between such fed15 erally qualified health center or Native Hawaiian health 

16 care system and another health care provider’’ before the 

17 period. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 this section shall apply to medical assistance provided on 

20 or after the date of enactment of this Act. 

Æ 


hsrobinson on DSK69SOYB1PROD with BILLS
- NFIRS
#### HENKEL *v.*CINCINNATI.

ERROR TO THE SUPREME COURT OE THE STATE OE OHIO.

No. 206.

Argued March 20, 21, 1900.

Decided April 9, 1900.

Dismissed on the authority of *Sayward*v. *Denny,*158 U. S. 180, 188, and other cases cited in the opinion of -the court.

The case is stated in the opinion of the court.

*Mr. L. Renton Pressing*for plaintiff in error.

*Mr. Wade H. Ellis*and *Mr. Ellis G. Kinkead*for defendant in error.

*171The Chief Justice :

Bill for injunction to restrain collection of a special assessment filed in Court of Common Pleas, Hamilton County, Ohio, and on hearing dismissed. Carried by appeal to circuit court of Hamilton County, heard there, and again dismissed. Appealed to Supremé Court of Ohio, and the judgment of the circuit court affirmed June 14, 1898, it being ordered “ that a special mandate be sent to the circuit court of Hamilton County to carry this judgment into execution.” June 21, “ mandate issued,” and “ original papers sent to clerk.” Opinion, 58 Ohio St. 726: “Judgment affirmed on authority of *Cleveland*v. *Wick,*18 Ohio St. 303.”

January 6, 1899, the Chief Justice of the Supreme Court of Ohio made and signed a certificate that the question whether the assessment was in violation of the Fourteenth Amendment was submitted to the court, and that the court decided that it was not.

The record does not show that any Federal question was raised prior to judgment, but it appears in the. petition for writ of error from this court, and accompanying assignment of errors. The certificate of the Chief Justice could not confer jurisdiction. *Parmelee*v. Lawrence, 11 Wall. 36; *Powell*v. *Brunswick County,*150 U. S. 433, 439; *Dibble*v. *Bellingham Bay Land Company,*163 U. S. 63, 69.

The writ of error is dismissed on the authority of *Sayward*v. *Denny,*158 U. S. 180, 183; *Ansbro*v. *United States,*159 U. S. 695; *Oxley Stave Company*v. *Butler County,*166 U. S. 648; *Miller*v. *Cornwall Railroad Company,*168 U. S. 131; *Keokuk and Hamilton Bridge Company*v. Illinois, 175 U. S. 626.
I 

111TH CONGRESS 

2D SESSION H. R. 6488 

To amend the Internal Revenue Code of 1986 to coordinate the reduction 

in the American Opportunity Tax Credit with Federal Pell Grants, to 

the extent such grants are attributable to expenses not eligible for such 

credit. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 2, 2010 

Mr. DAVIS of Illinois introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to coordinate 

the reduction in the American Opportunity Tax Credit 

with Federal Pell Grants, to the extent such grants are 

attributable to expenses not eligible for such credit. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AMERICAN OPPORTUNITY TAX CREDIT CO4 ORDINATION WITH PELL GRANTS. 

5 (a) IN GENERAL.—Subsection (i) of section 25A of 

6 the Internal Revenue Code of 1986 is amended by adding 

7 at the end the following new paragraph: 


hsrobinson on DSK69SOYB1PROD with BILLS
2 

•HR 6488 IH

1 ‘‘(8) COORDINATION WITH PELL GRANTS NOT

2 USED FOR QUALIFIED TUITION AND RELATED EX3 PENSES.—For purposes of this subsection, any 

4 amount determined with respect to an individual 

5 under subsection (g)(2) which is attributable to a 

6 Federal Pell Grant under section 401 of the Higher 

7 Education Act of 1965 (20 U.S.C. 1070a) shall be 

8 reduced (but not below zero) by the amount of ex9 penses (other than qualified tuition and related ex10 penses) which are taken into account in determining 

11 the cost of attendance (as defined in section 472 of 

12 the Higher Education Act of 1965, as in effect on 

13 the date of the enactment of this paragraph) of such 

14 individual at an eligible educational institution for 

15 the academic period for which the credit under this 

16 section is being determined.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to taxable years beginning after 

19 December 31, 2009. 

20 SEC. 2. EXPANSION OF PELL GRANT EXCLUSION FROM 

21 GROSS INCOME. 

22 (a) IN GENERAL.—Paragraph (1) of section 117(b) 

23 of the Internal Revenue Code of 1986 is amended— 

24 (1) by striking the period at the end and insert25 ing ‘‘, or’’, 


hsrobinson on DSK69SOYB1PROD with BILLS
3 

•HR 6488 IH

1 (2) by striking ‘‘received by an individual as a 

2 scholarship’’ and inserting the following: ‘‘received 

3 by an individual— 

4 ‘‘(A) as a scholarship’’, and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(B) as a Federal Pell Grant under section 

8 401 of the Higher Education Act of 1965 (20 

9 U.S.C. 1070a).’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to taxable years beginning after 

12 December 31, 2009. 

Æ 


hsrobinson on DSK69SOYB1PROD with BILLS
**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 on Form 10-Q of Tier Technologies, Inc. (the“Company”) for the quarter December 31, 2006, as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), the undersigned, James R. Weaver, Chief Executive Officer of theCompany, hereby certifies, pursuant to 18 U.S.C. Section 1350, that: 1. This Report fully complies with the requirements of Section 13(a) of the SecuritiesExchange Act of 1934, as amended.  2. The information contained in this Report fairly presents, in all material respects,the financial condition and results of operations of the Company.        Dated: November 7, 2006 /s/ Ronald L. Rossetti   Ronald L. Rossetti, Chief Executive Officer
EXHIBIT 32.1



CERTIFICATION

PURSUANT TO SECTION 906

OF

THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C SECTION 1350)



The undersigned, as the Chief Executive Officer of Logility, Inc., certifies that, to the best of his knowledge and belief, the Quarterly Report on Form 10-Q for the quarter ended January 31, 2004, which accompanies
this certification, fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of
operations of Logility, Inc. at the dates and for the periods indicated. The foregoing certification is made pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) and shall not be relied upon for any other purpose.



|                             |  |                                              
|---------------------------- |  | ---------------------------------------------
|This 12th day of March, 2004 |  | /s/ J. Michael Edenfield                     
|                             |  | J. Michael Edenfield, Chief Executive Officer



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
Logility, Inc. and will be retained by Logility, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



The information in this Exhibit 32.1 shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall it be
deemed incorporated by reference in any filing under the Securities Act of 1933, except as shall be expressly set forth by specific reference in such filing.
## **Exhibit 31.1**

## ** **

**UNOVA, INC.CERTIFICATION PURSUANT TO**

**SECTION 302 OF**

**THE SARBANES-OXLEY ACT OF 2002**

 

# **CERTIFICATION**

 

I, Larry D. Brady,certify that:

 

1.         I have reviewed thisquarterly report on Form 10-Q of UNOVA, Inc.;

 

2.         Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.         Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations, and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.         Theregistrant’s other certifying officer(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a)       Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

b)      Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

c)       Disclosed inthis report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.         Theregistrant’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):

 

a)       Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

b)      Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

 
| Date: November 9,  2004 |
|------------------------------|
|                         |
| /s/ Larry D.  Brady          |   |
| Larry D. Brady               |
| Chief Executive  Officer     |

 

----
awsm-ex41_6.htm



 

Exhibit 4.1

AMENDMENT NO. 2 TO UNSECURED CONVERTIBLE NOTE 

OF COOL HOLDINGS, INC.

 

THIS SECOND AMENDMENT TO UNSECURED CONVERTIBLE NOTE (the “Amendment”), dated November 14, 2019 (the “Effective Date”), is among Cool Holdings, Inc., a Maryland corporation with its principal offices located at 2001 NW 84th Avenue, Miami, Florida 33122 (the “Company”), and [     ] (the “Holder”).

RECITALS

WHEREAS, the Company and Holder are parties to that certain 12.0% Unsecured Convertible Note dated October 24, 2018 (the “Issuance Date”) for the principal sum of $[     ]; and

WHEREAS, on October 24, 2019 the Company and Holder entered into the First Amendment to such 12.0% Unsecured Convertible Note (as amended, the “Convertible Note”) to extend its maturity date to November 15, 2019;

AND WHEREAS, each of the Company and Holder desire to amend the Convertible Note further as set forth herein;

AGREEMENT

NOW, THEREFORE, the Convertible Note is hereby amended as follows:

1.Definitions. All terms used and not otherwise defined herein shall retain the meanings given to those terms in the Convertible Note.

2.Amendment.  The definition of Maturity Date is amended as follows: (i) November 30, 2019.

3.Representations and Warranties.  The Holder acknowledges it was originally issued the Convertible Note on the Issuance Date, and has neither transferred nor assigned any portion of the principal sum, or interest accrued thereon, under the Convertible Note.  The Holder represents and warrants that as of the Effective Date it has the right to enter into this Amendment without the consent of any third party, and that it has sought its own legal and tax advice with respect to the Convertible Note and this Amendment.

4.No Other Modification.  Except as expressly set forth herein, the terms of the Convertible Note and all documents executed in connection therewith shall not be modified or altered in any way, and shall continue in full force and effect.

5.Signatures and Counterparts.  This Amendment may be executed in any number of counterparts, each of which shall be an original, and all of which, taken together, shall constitute one and the same instrument. Signatures transmitted by the exchange of .pdf copies or other electronic copies of signatures are fully effective for all purposes.

IN WITNESS WHEREOF, the Parties have executed this Amendment as of the Effective Date.

COOL HOLDINGS, INC.

By: ___________________________________

Name: Vernon A. LoForti

Title: Chief Financial Officer

By: ___________________________________

Name: 

Title:
[Federal Register Volume 66, Number 84 (Tuesday, May 1, 2001)]
[Notices]
[Page 21810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10843]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice Before Waiver With Respect to Land at Manassas Regional 
Airport, Manassas, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent of waiver with respect to land.

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

SUMMARY: The FAA is publishing notice of proposed release of 12.27 
acres of excess land at the Manassas Regional Airport; Manassas, 
Virginia. There are no impacts to the Airport and the land is not 
needed for airport development as shown on the Airport Layout Plan. The 
excess surplus property is located beyond the Runway Protection Zone 
for Runway 16L and appropriate restrictions will encumber the released 
property to ensure compatible land use.

DATES: Comments must be received on or before May 31, 2001.

ADDRESSES: Comments on this application may be mailed or delivered in 
triplicate to the FAA at the following address: Terry J. Page, Manager, 
FAA Washington Airports District Office, 23723 Air Freight Lane, Suite 
210, Dulles, VA 20166.
    In addition, one copy of any comments submitted to the FAA must be 
mailed or delivered to Mr. Juan E. Rivera, Airport Director, Manassas 
Regional Airport, at the following address; Mr. Juan E. Rivera, Airport 
Director, P.O. Box 560, Manassas Regional Airport, Manassas, Virginia 
20108.

FOR FURTHER INFORMATION CONTACT: Mr. Terry Page, Manager, Washington 
Airports District Office, 23723 Air Freight Lane, Suite 210, Dulles, VA 
20166; telephone (703) 661-1354, fax (703) 661-1370, email 
<a href="/cdn-cgi/l/email-protection#9cc8f9eeeee5b2ccfdfbf9dcfafdfdb2fbf3ea"><span class="__cf_email__" data-cfemail="287c4d5a5a510678494f4d684e4949064f475e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On April 5, 2000, new authorizing 
legislation became effective. That bill, the Wendell H. Ford Aviation 
investment and Reform Act for the 21st Century, Public Law 10-181 (Apr. 
5, 2000; 114 Stat. 61) (AIR 21) requires that a 30-day public notice 
must be provided before the Secretary may waive any condition imposed 
on an interest in surplus property.

    Issued in Chantilly, Virginia on April 23, 2001.
Terry J. Page,
Manager, Washington Airports District Office, Eastern Region.
[FR Doc. 01-10843 Filed 4-30-01; 8:45 am]
BILLING CODE 4910-13-M


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* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-40928

Summary Calendar

RONALD J. HOLLEMAN,

Plaintiff-Appellant,

versus

WAYNE SCOTT, Director,

TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION, ET AL.,

Defendants,

MILTON BROCK, Assistant Warden;

ALFRED JANICEK, Field Major;

LLOYD ASCHBERGER, Physician Assistant,

Estelle Regional Medical Facility,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 9:96-CV-32

- - - - - - - - - - May 28, 1998

Before JONES, SMITH and STEWART, Circuit Judges:

PER CURIAM: *

Ronald J. Holleman, Texas prisoner # 297567, appeals the district court’s order dismissing

his 42 U.S.C. § 1983 case as frivolous. Appellee’s motion to strike exhibits is DENIED AS MOOT1 Spears v. McCotter , 766 F.2d 179 (5th Cir. 1985).

2 as the court decided the case based upon the district court record; no records attached to appellate

briefs were used in the resolution of this case. Holleman’s complaint, liberally construed, alleges that

defendant Broc k, mo t ivated by racial animus or retaliatory motives, conspired with the other

defendants to alter Holleman’s medical restrictions and to force him to work beyond his capabilities.

The district court improperly relied upon prison records to refute these allegations. S ee Williams v.

Luna

, 909 F.2d 121, 124 (5th Cir. 1990). The case is remanded for a S pears 1 hearing, at which time

the court may use credibili t y determinations to dismiss the case as frivolous only if it finds that

Holleman changes position when exposed to interrogation or conflicting evidence, that major internal

inconsistencies exist in his testimony, or that su bst ant ial co nflicts exist between the testimony of

supporting witnesses. Wesson v. Oglesby , 910 F.2d 278, 282 (5th Cir. 1990).

The di s trict court properly dismissed those portions of Holleman’s complaint alleging due

proc ess violations as precluded by S andin v. Conner

, 515 U.S. 472, 484 (1995), and it correctly

found that Holleman’s claim that his good time credits were taken without due process of law were

premature as he has not pursued his state remedies. See Clarke v. Stalder , 121 F.3d 222, 226 (5th

Cir. 1997). To the extent Holleman argues that the disciplinary proceedings were improperly brought

in retaliation for his assertion of his constitutional rights, however, they survive. S ee Woods v. Smith

,

60 F.3d 1161, 1165 (5th Cir. 1995).

Ho l leman challenges the district court’s order denying his motion for discovery sanctions.

The district court did not abuse its discretion in refusing to award sanctions. S ee Richardson v.

Henry

, 902 F.2d 414, 417 (5th Cir. 1990). This ruling does no t prejudice Holleman’s right to3

reargue, and the district court’s right to reconsider, granting additional discovery if such is warranted

after a Spears hearing is held.

REMANDED.
# Fourth Court of Appeals

**San Antonio, Texas**

JUDG MENT

No. 04

- 15

- 00400

- CR

Rene GUERRERO

, Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 2015CR3173

Honorable Lorina I. Rummel, Judge Presiding

BEFORE JUSTICE ALVAREZ

, JUSTICE CHAPA , AND JUSTICE PULLIAM

In accordance with this court’s opinion of this date, this appeal is DISMISSED.

SIGNED August 5, 2015.

_________________________________ Patricia O. Alvarez , Justice