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#### UNITED STATES of America, Appellee, v. Jorge Eduardo PABLO-LEPE, also known as Jorge Lopez Cortez, Appellant.

No. 04-2837.

United States Court of Appeals, Eighth Circuit.

Submitted: March 17, 2005.

Decided: March 31, 2005.

Michael Mills Hobart, U.S. Attorney’s Office, Sioux City, IA, for Appellee.

Jorge Eduardo Pablo-Lepe, Eden, TX, pro se.

John P. Messina, Federal Public Defender’s Office, Southern District of Iowa, Des Moines, IA, Robert A. Wichser, Federal Public Defender’s Office, Sioux City, IA, for Appellant.

Before WOLLMAN, MURPHY, and BENTON, Circuit Judges.

*101PER CURIAM.

In this direct criminal appeal, Jorge Pablo-Lepe challenges the sentence the district court1 imposed after he pleaded guilty to an immigration offense. He argues that (1) the district court erred in holding the federal Sentencing Guidelines unconstitutional; and (2) even if the Guidelines are unconstitutional, the court erred by imposing a discretionary sentence that was unguided by the applicable Guidelines range.

These arguments fail. First, during the pendency of this appeal, the Supreme Court held in *United States v. Booker,*— U.S.-,---, 125 S.Ct. 738, 765-67,160 L.Ed.2d 621 (2005), that the federal Sentencing Guidelines are unconstitutional insofar as they are mandatory, and thus they are merely advisory; and that appellate courts should review *post-Booker*sentences for reasonableness. Second, we find that the sentence imposed was neither unguided nor unreasonable. The district court took the Guidelines into account by recognizing the Guidelines range, *see United States v. Yahnke,*395 F.3d 823, 824 (8th Cir.2005) (district courts, while not bound by Guidelines, must take them into account in sentencing), but the court chose to impose a higher sentence based on PabloLepe’s history and characteristics, and the need to protect the public from future harm by him, *see Booker,*125 S.Ct. at 764-65 (18 U.S.C. § 3553(a) guides appellate determination of reasonableness); *Yahnke,*395 F.3d at 825-26 (affirming, as reasonable, sentence based on § 3553(a) factors of history and characteristics of defendant and need to protect public).

Accordingly, we affirm.

1

. The Honorable Mark W. Bennett, Chief Judge, United States District Court for the Northern District of Iowa.
**Exhibit 32.1**
**STATEMENT**
     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. 1350, the undersignedofficer of Mercury Air Group, Inc. (the “Company”) hereby certifies that to the knowledge of theundersigned:
     (1) The Company’s Quarterly Report on Form 10-Q for the nine month period ended March 31,2005 fully complies with the requirements of sections 13(a) or 15(d), as applicable, of theSecurities Exchange Act of 1934, and
     (2) The information contained in the report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.                                              /s/ Joseph Czyzyk   Joseph Czyzyk   *Chief Executive Officer and Director*   
May 27, 2005
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Case 1:07-cr-00343-LAK Document 5 Filed 11/28/2007 Page 1 of 3Case 1:07-cr-00343-LAK Document 5 Filed 11/28/2007 Page 2 of 3Case 1:07-cr-00343-LAK Document 5 Filed 11/28/2007 Page 3 of 3
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DAVID COX,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D18-3268 

[June 6, 2019]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Seventeenth Judicial Circuit, Broward County; Dennis D. Bailey, 

Judge; L.T. Case No. 08-14820CF10A.

Michael Hursey of Michael Hursey, P.A., Fort Lauderdale, for appellant.

Ashley B. Moody, Attorney General, Tallahassee, and Anesha Worthy, 

Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

WARNER, GROSS and LEVINE, JJ., concur. 

* * *

Not final until disposition of timely filed motion for rehearing.
#### STATE v. JOHNSON & GOODS

No. 199 PC.

Case below: 29 N.C. App. 616.

Petition by defendants for discretionary review under G.S. 7A-31 denied 14 July 1976.
Case 1:07-cv-03222-RPP Document 43 Filed 09/04/2008 Page 1 of 9Case 1:07-cv-03222-RPP Document 43 Filed 09/04/2008 Page 2 of 9Case 1:07-cv-03222-RPP Document 43 Filed 09/04/2008 Page 3 of 9Case 1:07-cv-03222-RPP Document 43 Filed 09/04/2008 Page 4 of 9Case 1:07-cv-03222-RPP Document 43 Filed 09/04/2008 Page 5 of 9Case 1:07-cv-03222-RPP Document 43 Filed 09/04/2008 Page 6 of 9Case 1:07-cv-03222-RPP Document 43 Filed 09/04/2008 Page 7 of 9Case 1:07-cv-03222-RPP Document 43 Filed 09/04/2008 Page 8 of 9Case 1:07-cv-03222-RPP Document 43 Filed 09/04/2008 Page 9 of 9
#### STATE v. MARTIN

No. 237 PC

Case below: 46 NC App 514

Petition by defendant for discretionary review under G.S. 7A-31 denied 15 August 1980.
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 Annual Report on Form 10-K of Unified Western Grocers Inc. (the Company) for the fiscal year ended September 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Alfred A. Plamann, President and Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C Section 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 Company as of, and for, the periods presented in
the Report.
|--- |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date:    December 15, 2006



/s/    ALFRED A. PLAMANNAlfred A. PlamannPresident and Chief Executive Officer (principal executive officer)




A signed original of this written
statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOSE VALDEZ

- MARTINEZ

,

Appellant,

v.

THE STATE OF TEXAS

,

State

. §

§

§

§

§

§

§ No. 08

- 1 7

- 00 1 93

- C R

Appeal from the

171 st D istrict C ourt

of El Paso C ounty, Texas

(TC# 20160 D0 3097 )

O R D E R

The Court GRANTS the State’s third motion for extension of time within which to file

the brief until January 10

, 201 9

. NO FURTHER MOTIONS FOR EXTENSION OF TIME TO

F ILE THE STATE ’S BR IEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Jaime E. Esparza

, the State ’s attorney, prepare the

State ’s brief and forward the same to this Court on or before January 10 , 201 9

.

I T IS SO ORDERED this 27 th day of November , 20 1 8

.

PER CURIAM

Before McClure , C.J., R odriguez and Palafox , JJ.
Case 1:07-cv-03315-RMB     Document 6      Filed 05/25/2007     Page 1 of 1
#### Harvinder SINGH, Petitioner, v. Alberto GONZALES, Attorney General,* Respondent.

No. 03-73223.

Agency No. [ AXX-XXX-XXX ].

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 11, 2005.**

Decided March 16, 2005.

Earle A. Sylva, George T. Heridis, Rai *&*Associates, PC, San Francisco, CA, for Petitioner.

Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, Marshall Tamor Golding, David Y. Bernal, Attorney, Richard M. Evans, Russell J.E. Verby, DOJ—U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before WALLACE, RAWLINSON, and BYBEE, Circuit Judges.

*

 Alberto Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed.R.Civ.P. 43(c)(2).

**

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

MEMORANDUM***

Petitioner Harvinder Singh applied for asylum, withholding of removal, and Con*142vention Against Torture protection. The immigration judge denied his application based on an adverse credibility finding, which the BIA affirmed. Singh now petitions for a rehearing.

The panel reviews the BIA’s denial of asylum or withholding of removal for substantial evidence. *Cordon-Garcia v. INS,*204 F.3d 985, 990 (9th Cir.2000). Singh’s testimony contained material inconsistencies. We therefore find that the adverse credibility finding was supported by substantial evidence.

PETITION DENIED.

***

 This disposition is not appropriate for publication and may not be cited to or by the *142courts of this circuit except as provided by Ninth Circuit Rule 36-3.
#### STATE v. BUNN

No. 79 PC.

Case below: 19 N.C. App. 582.

Petition for writ of certiorari to North Carolina Court of Appeals denied 4 December 1973. Motion of Attorney General to dismiss appeal allowed 4 December 1973.
Case 1:06-cv-14958-AKH Document 2 Filed 12/08/2006 Page 1 of 1
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

April 29, 2013

p0422

Order 

April 29, 2013

146446

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 146446

COA: 303746

Muskegon CC: 10-059247-FC

DANIEL JAMES PARRISH,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the November 8, 2012 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
**Exhibit 32.1**

 

**Certification of Chief ExecutiveOfficer of**

**Supreme Industries, Inc. Pursuant to**

**Section 906 of the Sarbanes-Oxley Act of 2002**

 

Thiscertification is furnished solely pursuant to Section 906 of theSarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and accompanies the Annual Reporton Form 10-K (the “Form 10-K”) for the year ended December 27,2008 of Supreme Industries, Inc. (the “Company”).  I, Herbert M. Gardner, the Chief ExecutiveOfficer of the Company, certify that, based on my knowledge:

 

(1)                                  The Form 10-K fully complies with therequirements of Section 13(a) or Section 15(d) of theSecurities Exchange Act of 1934; and

 

(2)                                  The information contained in the Form 10-Kfairly presents, in all material respects, the financial condition and resultsof operations of the Company as of and for the periods covered in this report.

 

 
| Dated:  March 13, 2009 |   |
|----------------------------------|--------|
|                             |   |
|                             |   |
| /s/  Herbert M. Gardner          |   |
| Chief  Executive Officer         |   |

 

----
- Advisory Board March 2019 Recommendations
Incoming Dated 031419 
- Cover Letter
- Revised Asbestos Presumption Recommendation
- Revised Occupational Health Questionnaire  Recommendation
Incoming Dated 031919
- Cover Letter
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- Advisory Board April 2019 Recommendations
Cover Letter
Recommendations
##### 



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 Form 10-Q of Koss Corporation (the Company) for the quarter ended March
31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report),
I, Michael J. Koss, Chief Executive Officer and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that the Report fully complies with the requirements of Section 13(a) or Section 15(d) of the
Securities Exchange Act of 1934, as amended, and the information contained in the Report fairly
presents, in all material respects, the financial condition and results of operations of the
Company. /s/ Michael J. KossMichael J. KossChief Executive Officer and
Chief Financial Officer
Date: May 16, 2005 Note: This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and shall not be deemed filed, except to the extent required by the Sarbanes-Oxley Act of
2002, by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended. Page 20 of 20
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## News Release

# USS Oklahoma Sailor Accounted For From World War II (Overley, L.)

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[Federal Register Volume 70, Number 223 (Monday, November 21, 2005)]
[Notices]
[Page 70071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23005]



[[Page 70071]]

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

DEPARTMENT OF ENERGY


Environmental Management Site-Specific Advisory Board, Oak Ridge 
Reservation

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

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

SUMMARY: This notice announces a meeting of the Environmental 
Management Site-Specific Advisory Board (EMSSAB), Oak Ridge 
Reservation. The Federal Advisory Committee Act (Pub. L. 92-463, 86 
Stat. 770) requires that public notice of this meeting be announced in 
the Federal Register.

DATES: Wednesday, December 14, 2005, 6 p.m.

ADDRESSES: DOE Information Center, 475 Oak Ridge Turnpike, Oak Ridge, 
Tennessee.

FOR FURTHER INFORMATION CONTACT: Pat Halsey, Federal Coordinator, 
Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM-90, 
Oak Ridge, TN 37831. Phone (865) 576-4025; Fax (865) 576-5333 or e-
mail: <a href="/cdn-cgi/l/email-protection#3d555c514e58444d577d524f5213595258135a524b"><span class="__cf_email__" data-cfemail="cda5aca1bea8b4bda78da2bfa2e3a9a2a8e3aaa2bb">[email protected]</span></a> or check the Web site at 
www.oakridge.doe.gov/em/ssab.

SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the 
Board is to make recommendations to DOE in the areas of environmental 
restoration, waste management, and related activities.
    Tentative Agenda: Oak Ridge Reservation Planning--Integrating 
Multiple Land Uses
    Public Participation: The meeting is open to the public. Written 
statements may be filed with the Board either before or after the 
meeting. Individuals who wish to make oral statements pertaining to the 
agenda item should contact Pat Halsey at the address or telephone 
number listed above. Requests must be received five days prior to the 
meeting and reasonable provision will be made to include the 
presentation in the agenda. The Deputy Designated Federal Officer is 
empowered to conduct the meeting in a fashion that will facilitate the 
orderly conduct of business. Individuals wishing to make public comment 
will be provided a maximum of five minutes to present their comments.
    Minutes: Minutes of this meeting will be available for public 
review and copying at the Department of Energy's Information Center at 
475 Oak Ridge Turnpike, Oak Ridge, TN between 8 a.m. and 5 p.m., Monday 
through Friday, or by writing to Pat Halsey, Department of Energy Oak 
Ridge Operations Office, P.O. Box 2001, EM-90, Oak Ridge, TN 37831, or 
by calling her at (865) 576-4025.

    Issued at Washington, DC, on November 15, 2005.
Carol Matthews,
Acting Advisory Committee Management Officer.
[FR Doc. 05-23005 Filed 11-18-05; 8:45 am]
BILLING CODE 6450-01-P


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