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#### FOX v. FOX

No. 117 PC.

Case below: 35 N.C. App. 774.

Petition by defendant for writ of certiorari to North Carolina Court of Appeals denied 6 June 1978.
**Exhibit 23**

 

Independent Auditors’ Report and Consent

 

The Board of Directors 

C-COR.net Corp.: 

 

The audits referred to in our report dated August 8, 2003, included the related financialstatement schedule as of June 27, 2003 and for each of the fiscal years in the three-year period ended June 27, 2003, included in this annual report on Form 10-K of C-COR.net Corp. This financial statement schedule is the responsibility of theCompany’s management. Our responsibility is to express an opinion on this financial statement schedule based on our audits. In our opinion, such financial statement schedule, when considered in relation to the basic consolidated financialstatements taken as a whole, presents fairly in all material respects the information set forth therein. 

 

We consent to the incorporation by reference in the registration statements on Form S-3 (Nos. 333-32676,  333-75888, 333-82697, 333-87909, 333-90011 and 333-90589) and on Form S-8 (Nos. 2-95959, 33-27440, 33-35208, 33-66590, 333-02505, 333-30982, 333-43592, 333-49826, 333-61226, 333-64040, 333-65805 and 333-89067) of C-COR.net Corp. of our report dated August 8, 2003, with respect to the consolidated balance sheets of C-COR.net Corp. andsubsidiaries as of June 27, 2003 and June 28, 2002, and the related consolidated statements of operations, cash flows and shareholders’ equity for each of the fiscal years in the three-year period ended June 27, 2003, which report appears inthe June 27, 2003 annual report on Form 10-K of C-COR.net Corp. Our report refers to the adoption of Statement of Financial Accounting Standards No. 142, “Goodwill and Other Intangible Assets” effective June 29, 2002. 

 

 

KPMG LLP 

Harrisburg, Pennsylvania 

September 11, 2003
I 

111TH CONGRESS 

2D SESSION H. R. 5538 

To amend the Communications Act of 1934 to prohibit Federal funding 

for the Corporation for Public Broadcasting after fiscal year 2012. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2010 

Mr. LAMBORN (for himself, Mr. AKIN, Mrs. BACHMANN, Mr. BARTLETT, Mrs. 

BLACKBURN, Mr. BROUN of Georgia, Mr. CONAWAY, Mr. FLEMING, Mr. 

GOHMERT, Mr. JORDAN of Ohio, Mr. MANZULLO, Mr. NEUGEBAUER, and 

Mr. LINDER) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Communications Act of 1934 to prohibit Federal funding for the Corporation for Public Broadcasting 

after fiscal year 2012. 

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

3 SECTION 1. PROHIBITION ON FEDERAL FUNDS FOR COR4 PORATION FOR PUBLIC BROADCASTING 

5 AFTER FISCAL YEAR 2012. 

6 (a) IN GENERAL.—Section 396 of the Communica7 tions Act of 1934 (47 U.S.C. 396) is amended by adding 

8 at the end the following new subsection: 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 5538 IH

1 ‘‘(n) PROHIBITION ON FEDERAL FUNDS AFTER FIS2 CAL YEAR 2012.—No Federal funds may be made avail3 able to the Corporation for Public Broadcasting after fis4 cal year 2012.’’. 

5 (b) CORPORATION PROHIBITED FROM ACCEPTING

6 FEDERAL FUNDS.—Subsection (g) of such section is 

7 amended— 

8 (1) in paragraph (2)(A), by inserting ‘‘subject 

9 to paragraph (3)(C),’’ before ‘‘obtain’’; and 

10 (2) in paragraph (3)— 

11 (A) in subparagraph (A), by striking ‘‘; 

12 and’’ and inserting a semicolon; 

13 (B) in subparagraph (B), by striking the 

14 period at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following new 

16 subparagraph: 

17 ‘‘(C) accepting funds from the Federal 

18 Government after fiscal year 2012.’’. 

19 (c) CONFORMING AMENDMENTS.—Such section is 

20 further amended— 

21 (1) in subsection (k)(3)(A)(iv)(II), by inserting 

22 ‘‘through fiscal year 2012’’ after ‘‘amounts re23 ceived’’; and 

24 (2) in subsection (m)— 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 5538 IH

1 (A) in paragraph (1), by inserting 

2 ‘‘through fiscal year 2012’’ after ‘‘every three 

3 years thereafter’’; and 

4 (B) in paragraph (2), by inserting ‘‘and 

5 through fiscal year 2012,’’ after ‘‘1989,’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
#### UNITED STATES of America, Plaintiff-Appellee, v. Deanne LEMAY, Defendant-Appellant.

No. 03-30021.

D.C. No. CR-02-00045-SEH.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2005.*

Decided March 17, 2005.

*813Lori Harper Suek, USGF—Office of the U.S. Attorney, Great Falls, MT, for Plaintiff-Appellee.

Marcia Good Hurd, USBI—Office of the U.S. Attorney, Billings, MT, Lynn T. Hamilton, Hamilton Law Office, PC, Mesa, AZ, for Defendant-Appellant.

Before FERNANDEZ, TASHIMA, and GOULD, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Deanne LeMay appeals her conviction and sentence for conspiracy to possess methamphetamine with intent to distribute and for possessing it with intent to distribute. 21 U.S.C. §§ 841, 846. We affirm.

(1) LeMay first asserts that the district court committed plain error1 when it failed to grant a mistrial sua sponte after certain evidence (audiotapes) referred to by the prosecution was withdrawn. We disagree.

While we must satisfy ourselves that the district court used sound discretion,2 we do owe it great deference.3 In this case, there surely was no manifest necessity for a mistrial,4 and the district court properly decided that a cautionary instruction would suffice.5 In short, there was no error, much less plain error. *Cf. United States v. Olano,*62 F.3d 1180, 1192 (9th Cir.1995) (no plain error in failure to sua sponte grant a mistrial on issue of jury misconduct).

(2) LeMay also asserts that at sentencing the district court decided questions of fact which should have been submitted to a jury because they increased her guideline sentencing range. *See Blakely v. Washington,*542 U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). However, because the Supreme Court has now made it clear that the ranges yielded by guideline calculations are advisory rather than mandatory, *Blakely*does not control those calculations. *See United States v. Booker,*- U.S. -, 125 S.Ct. 738, 764, 160 L.Ed.2d 621 (2005). Therefore, LeMay’s argument fails. She has not asked for a remand for resentencing pursuant to *Booker.*

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1

. This standard is required because no request for a mistrial was made by her at the district court. *See*Fed.R.Crim.P. 52(b); *United States v. Olano,*507 U.S. 725, 732-35, 113 S.Ct. 1770, 1776-78, 123 L.Ed.2d 508 (1993).

2

. *See United States v. Shaw,*829 F.2d 714, 719 (9th Cir.1987).

3

. *See Arizona v. Washington,*434 U.S. 497, 513-14, 98 S.Ct. 824, 834-35, 54 L.Ed.2d 717 (1978); *Shaw,*829 F.2d at 719-20.

4

. *See Arizona,*434 U.S. at 505-06, 98 S.Ct. at 830-31; *United States v. Hernandez-Guardado,*228 F.3d 1017, 1029 (9th Cir.2000).

5

. *See United States v. Bates,*917 F.2d 388, 396 (9th Cir.1990); *United States v. Charmley,*764 F.2d 675, 677 (9th Cir.1985).
Case 1:06-cv-14941-AKH Document 5 Filed 12/08/2006 Page 1 of 1
Exhibit 32



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 Annual Report of Airguide, Inc. (the Registrant) on Form 10-KSB for the period ended June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report) I, James Frack, President, Treasurer and Chief Executive Officer of the Registrant do 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 my 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 Registrant.



Date:

July 11, 2006



/s/  James Frack

James Frack

President, Treasurer

& Chief Executive Officer
THE THIRTEENTH COURT OF APPEALS

13-19-00652-CR

BERNARDO SAENZ GARCIA JR.

v.

THE STATE OF TEXAS

On Appeal from the

139th District Court of Hidalgo County, Texas

Trial Court Cause No. CR-3879-17-C

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be affirmed. The Court 

orders the judgment of the trial court AFFIRMED.

We further order this decision certified below for observance.

August 5, 2021
#### OWENS v. OWENS

No. 128 PC.

Case below: 28 N.C. App. 713.

Petition for discretionary review under G.S. 7A-31 denied 1 June 1976.
**Exhibit 32**

**CertificationPursuant to 18 U.S.C. Section 1350,**as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Form 10-Q of Koss Corporation(the “Company”) for the quarter ended September 30, 2006, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,Michael J. Koss, Chief Executive Officer and Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that the Report fully complieswith the requirements of Section 13(a) or Section 15(d) of the SecuritiesExchange Act of 1934, as amended, and the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.
|        | /s/ Michael J. Koss         |              |
|--------|-----------------------------|-------------------|
|   | Michael J. Koss             |              |
|   | Chief Executive Officer and |              |
|   | Chief Financial Officer     |              |
|   | Date:                       | November 13, 2006 |   |
|        |                             |                   |  |

 

Note:  Thiscertification accompanies the Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed, except to the extentrequired by the Sarbanes-Oxley Act of 2002, by the Company for purposes ofSection 18 of the Securities Exchange Act of 1934, as amended.

----
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.                  

###### Department of Health and Human Services

###### Centers for Disease Control and Prevention

In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the following meeting:

*Name:*                     Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Centers for Excellence to Promote a Healthier Workforce, Request for Application OH-05-006.                

*Times and Dates:*                     8:30 a.m.-5 p.m., December 15, 2005 (Closed). 8:30 a.m.-5 p.m., December 16, 2005 (Closed).                

*Place:*                     The Ritz Carlton Philadelphia, 10 Avenue of the Arts, Philadelphia, PA 19102, Telephone (215) 523-8000.                

*Status:*                     The meeting will be closed to the public in accordance with provisions set forth in section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.                

*Matters To Be Discussed:*                     The meeting will include the review, discussion, and evaluation of applications received in response to Centers for Excellence to Promote a Healthier Workforce, Request for Application OH-05-006.                

*Contact Person For More Information:*                     Pamela J. Wilkerson, MPA, Scientific Review Administrator, National Institute for Occupational Safety and Health, CDC, 1600 Clifton Road, NE., MS E-74, Atlanta, GA 30333, Telephone 404-498-2556.                

                    The Director, Management Analysis and Services Office, has been delegated the authority to sign                     **Federal Register**                     notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry.                

Dated: October 28, 2005.

Alvin Hall,

Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

[FR Doc. 05-21909 Filed 11-2-05; 8:45 am]

BILLING CODE 4163-18-P
|        | /s/      William H. Downey                                       |
|-------------|------------------------------------------------------------------|
|        |                                                             |
| Name:Title: | William      H. DowneyPresident      and Chief Executive Officer |
| Date:       | May      9, 2008                                                 |
|        |                                                             |
|        | /s/      Terry Bassham                                           |
|        |                                                             |
| Name:Title: | Terry      BasshamChief      Financial Officer                   |
| Date:       | May      9, 2008                                                 |
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS RESTATED SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
INTER-TEL,  INCORPORATED AND SUBSIDIARIES  FINANCIAL  STATEMENTS FOR THE QUARTER
ENDED JUNE 30,  1998 AND IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER>                  1,000
<CURRENCY>                    U.S. DOLLAR
       
<S>                           <C>
<PERIOD-TYPE>                 6-MOS
<FISCAL-YEAR-END>                             DEC-31-1998
<PERIOD-START>                                JAN-01-1998
<PERIOD-END>                                  JUN-30-1998
<EXCHANGE-RATE>                                         1
<CASH>                                             66,691
<SECURITIES>                                            0
<RECEIVABLES>                                      41,723
<ALLOWANCES>                                        4,096
<INVENTORY>                                        19,129
<CURRENT-ASSETS>                                  142,499
<PP&E>                                             48,163
<DEPRECIATION>                                     22,714
<TOTAL-ASSETS>                                    193,027
<CURRENT-LIABILITIES>                              40,078
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                          102,169
<OTHER-SE>                                         42,452
<TOTAL-LIABILITY-AND-EQUITY>                      193,027
<SALES>                                           131,846
<TOTAL-REVENUES>                                  131,846
<CGS>                                              68,070
<TOTAL-COSTS>                                      68,070
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                    2,256
<INTEREST-EXPENSE>                                     39
<INCOME-PRETAX>                                     4,969
<INCOME-TAX>                                        1,687
<INCOME-CONTINUING>                                (3,281)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                       (3,281)
<EPS-PRIMARY>                                       (0.12)
<EPS-DILUTED>                                       (0.12)
        

</TABLE>
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 Communications Commission

          - 47 CFR Part 73
          - [DA 05-2916; MM Docket No. 01-230, RM-10258]

# AGENCY:

Federal Communications Commission.

# ACTION:

Proposed rule; dismissal.

# SUMMARY:

The Audio Division, at the request of Charles Crawford, the proponent of a petition for rule making to allot Channel 297A at Deckerville, Michigan, 66 FR 48108 (September 18, 2001), dismisses the petition for rule making and terminates the proceeding.

# FOR FURTHER INFORMATION CONTACT:

Deborah Dupont, Media Bureau, (202) 418-2180.

# SUPPLEMENTARY INFORMATION:

                    This is a synopsis of the Commission's                     *Report and Order*, MM Docket No. 01-232, adopted November 2, 2005, and released November 4, 2005. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. The complete text of this decision also may be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, (800) 378-3160, or via the company's Web site,                     *http://www.bcpiweb.com.*                     The                     *Report and Order*                     is not subject to the Congressional Review Act, and therefore the Commission will not send a copy of it in a report to be sent to Congress and the Government Accountability Office,                     *see*                     U.S.C. 801(a)(1)(A).                

Federal Communications Commission.

John A. Karousos,

Assistant Chief, Audio Division, Media Bureau.

[FR Doc. 05-22845 Filed 11-22-05; 8:45 am]

BILLING CODE 6712-01-P
#### McFADDIN v. JOHNSON

No. 287 PC

Case below: 46 NC App 837

Petition by plaintiff for discretionary review under G.S. 7A-31 denied 15 August 1980.