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Timothy J. Eckstein, 018321 

Joseph N. Roth, 025725 

Sarah P. Lawson, 036436 

OSBORN MALEDON, P.A. 

2929 North Central Avenue, 20th Floor 

Phoenix, Arizona 85012-2793 

(602) 640-9000

teckstein@omlaw.com

jroth@omlaw.com

slawson@omlaw.com 

Attorneys for James Larkin 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff,

vs. 

James Larkin (2), et al.,

Defendants. 

Case No. 2:18-cr-00422-PHX-DJH-2 

DEFENDANT LARKIN’S 

RESPONSE TO THE UNITED 

STATES’ POSITION ON 

SEVERANCE (DOC. 1530) 

In response to the Court’s order (Doc. 1527) and the government’s response (Doc. 

1530 at 4), Defendant James Larkin does not believe that the parties or the Court have 

previously considered severing him and Mr. Lacey for a separate trial. Defendant Larkin 

has separately moved to continue the trial (Doc. 1526) because he believes it is necessary 

under the circumstances and it serves his interest in having competent, prepared trial 

counsel. Although he is not seeking a severance, Mr. Larkin has no objection to the Court 

ordering a severance to the extent the Court believes it is necessary to do so to grant his 

continuance request. 

. . . 

Case 2:18-cr-00422-DJH Document 1538 Filed 03/17/23 Page 1 of 2
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DATED this 17th day of March, 2023. 

OSBORN MALEDON, P.A. 

 By /s/ Timothy J. Eckstein 

Timothy J. Eckstein 

Joseph Roth 

Sarah P. Lawson 

2929 North Central, 20th Floor 

Phoenix, Arizona 85012-2794 

Attorneys for James Larkin 

Case 2:18-cr-00422-DJH Document 1538 Filed 03/17/23 Page 2 of 2
#### BROSS-HECKMANN, INC., et al., Appellants, v. ALANN ENTERPRISES, INC., Respondent.

No. 65794.

Missouri Court of Appeals, Eastern District, Division Four.

March 28, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 26, 1995.

Rollin J. Moersehel, Victor S. Williams, Thompson & Mitchell, St. Charles, for appellants.

*679Frederick W. Drakesmith, Drakesmith *&*Burke, St. Charles, for respondent.

Before AHRENS, P.J., and SIMON and KAROHL, JJ.

*ORDER*

PER CURIAM.

Appellants, Bross-Heckmann, Inc. (n/k/a Bropfs Corporation), Mark Heckman, and Bonnie Schwendemann, appeal from an order finding in favor of respondent Alarm Enterprises, Inc., on all counts in their action against respondent for injunctive relief and damages arising out of the termination of appellants’ lease of respondent’s premises.

An opinion reciting the detailed facts and restating the principles of law would have no precedential value. A memorandum, solely for the use of the parties involved, has been provided explaining the reasons for our holding.

We affirm the judgment pursuant to Rule 84.16(b).
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 626 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 626

 Expressing the sense of the House of Representatives that Members of 
   Congress who participate in the Federal Employees Health Benefits 
  Program (FEHBP) should be automatically enrolled in the public plan.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2009

  Mr. Davis of Alabama submitted the following resolution; which was 
 referred to the Committee on House Administration, and in addition to 
   the Committee on Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION

 
 Expressing the sense of the House of Representatives that Members of 
   Congress who participate in the Federal Employees Health Benefits 
  Program (FEHBP) should be automatically enrolled in the public plan.

Whereas the House of Representatives is considering the establishment of a new 
        public plan to be offered as a choice within the Health Insurance 
        Exchange;
Whereas the goal of the public plan is to compete with private plans in order to 
        improve quality, expand choice, and contain costs within the healthcare 
        system in the United States;
Whereas the public plan and its benefits are deemed sufficient to meet the 
        healthcare needs of the people in the United States and eventually serve 
        as the minimum quality standard for all health plans;
Whereas in order to comply with PAYGO rules, the House is considering increasing 
        personal income taxes to offset new costs associated with healthcare 
        legislation; and
Whereas Members of Congress should be held accountable for their decision to 
        create a public plan and restructure the healthcare system for the 
        people of the United States: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) Members of Congress who participate in the Federal 
        Employees Health Benefits Program (FEHBP) should be 
        automatically enrolled in the public plan; and
            (2) Members of Congress should be subject to any personal 
        income tax increases levied as a result of healthcare 
        legislation, regardless of their annual gross income.
                                 <all>
```
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Proposed Rules]
[Page 31085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15563]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 214

[FRA Docket No. RSOR 13, Notice No. 7]
RIN 2130-AA86


Roadway Worker Protection

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of hearing.

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

SUMMARY: On March 14, FRA published its Notice of Proposed Rulemaking 
on Roadway Worker Protection (61 FR 10528), which was the product of 
the agency's first regulatory negotiation. FRA announced at that time 
that a public hearing would only be scheduled if it was requested, 
since the negotiated rulemaking process has already provided a 
significant opportunity for oral presentations and participation by the 
public. An expression of interest in having a hearing was submitted on 
behalf of one person whom we have not been able to identify or contact. 
However, in accordance with 5 U.S.C. Sec. 553 and 49 U.S.C. 
Sec. 20103(e), FRA is holding the requested hearing.

DATES: A public hearing will be held from 12:30 p.m. to 5:30 p.m. on 
July 11, 1996. Any person who wishes to speak at the hearing should 
notify the FRA Docket Clerk at least five working days before the 
hearing, by telephone (202) 366-2257 or by mail.

ADDRESSES: The public hearing will be held in the Executive Room, 
Holiday Inn Capitol Hill, which is located at 415 New Jersey Avenue, 
N.W., Washington, D.C. 20001.

FOR FURTHER INFORMATION CONTACT: Gordon A. Davids, P.E., Bridge 
Engineer, Office of Safety, FRA, 400 Seventh Street S.W., Room 8326, 
Washington, D.C. 20590 (telephone: 202-366-0507); Phil Olekszyk, Deputy 
Associate Administrator for Safety Compliance and Program 
Implementation, FRA, 400 Seventh Street S.W., Room 8320A, Washington, 
D.C. 20590 (telephone 202-366-0897); or Cynthia Walters, Trial 
Attorney, Office of Chief Counsel, FRA, 400 Seventh Street S.W., Room 
8201, Washington, D.C. 20590 (telephone 202-366-0621).
S. Mark Lindsey,
Chief Counsel, Federal Railroad Administration.
[FR Doc. 96-15563 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-06-P
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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

v.

Joye Vaught,

Defendant.

 CR-2018-0422-SMB

MOTION FOR LEAVE FOR MS. 

VAUGHT APPEAR BY PHONE OR 

VIDEOCONFERENCING AT 

AUGUST 18, 2023 STATUS 

CONFERENCE AND FRYECOOPER HEARING

NOW COMES the Defendant, Joye Vaught, by and through her counsel of 

record, Joy Bertrand, to ask this Court for leave for her to appear by phone or 

video conferencing at the August 18, 2023 Status Conference and Frye-Cooper 

hearing. As further grounds therefore, the Defendant submits the following:

This matter has two hearings set on the morning of August 18, 2023: a 

status conference before Judge Humetewa and a Frye-Cooper hearing before 

Judge Fine. 

Joy Bertrand, Esq.

PO Box 2734

Scottsdale, Arizona 85252-2734

Telephone: 602-374-5321

Fax: 480-361-4694

joyous@mailbag.com

www.joybertrandlaw.com

Arizona State Bar No. 024181

ATTORNEY FOR: DEFENDANT

Case 2:18-cr-00422-DJH Document 1696 Filed 08/14/23 Page 1 of 3
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Ms. Vaught lives in the Dallas, Texas area. Round-trip airfare to Phoenix 

and lodging would cost approximately $1,000 before ground transportation – a 

considerable expense for Ms. Vaught, who remains indigent. 

The Court has allowed Ms. Vaught to appear at prior final pretrial 

conferences and other substantive hearings by phone. Ms. Vaught can be 

available by phone or videoconferencing for the August 18, 2023 hearings. 

The Court will find attached a proposed Order.

RESPECTFULLY SUBMITTED on August 14, 2023.

s/Joy Bertrand

Joy Bertrand

Attorney for Defendant

Case 2:18-cr-00422-DJH Document 1696 Filed 08/14/23 Page 2 of 3
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CERTIFICATE OF SERVICE

On August 14, 2023, I, Joy Bertrand, attorney for the Defendant, Joye 

Vaught, filed the Defendant’s Motion for Leave to Appear by Phone at August 

18, 2023 Status Conference and Frye-Cooper Hearing with the Arizona District 

Court’s electronic filing system. Based on my training and experience with 

electronic filing in the federal courts, it is my understanding that a copy of this 

request will be electronically served upon opposing counsel and codefendant 

counsel upon its submission to the Court.

Respectfully submitted this Eighteenth day of August, 2023.

s/Joy Bertrand

Joy Bertrand

Attorney for Defendant

Case 2:18-cr-00422-DJH Document 1696 Filed 08/14/23 Page 3 of 3
EXHIBIT 21.1
<TABLE>
<CAPTION>


                      BEI TECHNOLOGIES, INC. AND SUBSIDIARIES

                            SUBSIDIARIES OF THE COMPANY

                               Jurisdiction                Doing Business As
Name of Subsidiary           of Incorporation                (If Different)
<S>                                <C>                           <C>

BEI Sensors & Systems              Delaware             BEI Sensors & Systems
Company, Inc.                                           Company, Inc.

BEI International, Inc.            Delaware

BEI Export Sales Company, Inc.     U.S. Virgin Islands

BEI Properties, Inc.               Arkansas

SiTek, Inc., a BEI Company         Delaware

BEI Sensors, S.A.S.                France

BEI Tactical Defense Systems, Inc. Delaware

Micro Polymer Systems, Inc.        Delaware

BEI Ideacod, S.A.S.                France

</TABLE>
#### Stewart et al. *v.*The State of Ohio.

(No. 22981

Decided June 17, 1931.)

*Messrs. Frey & Pridgeon,*for plaintiffs in error.

*Mr. Harold H. Burton,*director of law, *Mr. Malr vern E. Schultz*and *Mr. Stephen Gobozy,*for defendant in error..

It is ordered and adjudged that said petition in error be, and the same is hereby, dismissed for the reason no debatable constitutional question is involved in said cause.

*Petition in.error dismissed.*

Marshall, C. J., Matthias, Allen, Kinkade and Robinson, JJ., concur.
EXHIBIT 32.1



SECTION 1350 CERTIFICATION



I, Dwayne Fosseen, Chief Executive Officer of Mirenco, Inc. (the Company), certify, that, to my knowledge:



| | (1) | The Companys Annual Report on Form 10-K for the year ended December 31, 2003 (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/ Dwayne FosseenDwayne Fosseen Chief Executive Officer and President April 14, 2004
|                                                                                      |  |
| 1. | The      Report fully complies with the requirements of Section 13(a) or 15(d)      of the Securities Exchange Act of 1934, as amended;  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/      Scott W. Smith                                                                          |   |
|------------------------------------------------------------------------------------------------------------|--------|
| Scott      W. Smith                                                                              |   |
| President      and Chief Executive Officer(Principal      Executive Officer)  July      31, 2009 |   |
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 1201

_____________________________
J OHN V ENN , J R

. , as t rustee f or the Estate o f Lisa Buckley
, Appellant,

v.

B AY D ISTRICT S CHOOLS , Appellee.

_____________________________

On appeal from the Circuit Court for Bay County

. Allen L. Register, Judge

. November 30, 2018

P ER C URIAM

.
A FFIRMED

.
L EWIS , R AY , and M.K. T HOMAS , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Marie A. Mattox of Marie A. Mattox, P.A., Tallahassee
, for Appellant.

J. Cole Davis and Julia Kathleen Claypool of H and A rendall H arrison S ale , Panama City
, for Appellee.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-6613

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CHRISTOPHER RAESEAN JOHNSON, a/k/a C-Murder,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Louise W. Flanagan, 

District Judge. (5:05-cr-00209-FL-1; 5:12-cv-00304-FL)

Submitted: August 30, 2013 Decided: September 10, 2013

Before DAVIS, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Christopher Raesean Johnson, Appellant Pro Se. Jennifer P. MayParker, Assistant United States Attorney, Felice McConnell 

Corpening, Seth Morgan Wood, OFFICE OF THE UNITED STATES 

ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Christopher Raesean Johnson seeks to appeal the 

district court’s order adopting the magistrate judge’s 

recommendation to treat his motion to vacate as a successive 28 

U.S.C.A. § 2255 (West Supp. 2013) motion and dismissing it on 

that basis. The district court’s dismissal order is not 

appealable unless a circuit justice or judge issues a 

certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (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). When the district court denies 

relief on the merits, a prisoner satisfies this standard by 

demonstrating that reasonable jurists would find that the 

district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 

(2000); see Miller–El v. Cockrell, 537 U.S. 322, 336–38 (2003). 

When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the motion states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. 

at 484–85.

We have independently reviewed the record and conclude 

that Johnson has not made the requisite showing. Accordingly, 

we deny a certificate of appealability and dismiss the appeal. 
3

We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before 

this Court and argument would not aid the decisional process.

DISMISSED
April 10, 2012



### JUDGMENT 

## The Fourteenth Court of Appeals

ISRAEL TONATI ZUNIGA

- DUARTE , Appellant

NO. 14

- 10

- 00967

- CR V.

THE STATE OF TEXAS , Appellee

____________________ This cause was heard on the transcript of the record of the court below. Having considered the record, this Court holds that there was no error in the judgment. The Court orders the judgment AFFIRMED , and that this decision be certified below for
observa nce.
NOTE: This order is nonprecedential.



## United States Court of Appeals for the Federal Circuit 2008-7157 WAYNE C. JEFFERSON,

Claimant-Appellant,

v. ERIC K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. Appeal from the United States Court of Veterans Claims in 06-0268, Judge Alan G. Lance, Sr. ON MOTION Before LOURIE, DYK, and MOORE, 

### Circuit Judges. PER CURIAM. 

### ORDER Wayne C. Jefferson moves for reconsideration of the court's order dismissing his appeal for lack of jurisdiction. Upon consideration thereof, IT IS ORDERED THAT: The motion for reconsideration is denied.FOR THE COURT

MAY - 7 2009 

### /s/ Jan Horbaly Date Jan Horbaly Clerk 

# "Mlifiatipte cc: Wayne C. Jefferson Christopher a. Bowen, Esq. s20 MAY 7 2009 Fwd liURS/ILY CLERK
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 Quarterly Report of CX2 Technologies., Inc. (the "Company")
on Form 10-Q for the period ending September 30,
2009 as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Lester Hahn, Chief Executive Officer, President, and
Principal Executive, Financial and Accounting Officer, certify, pursuant to 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that to 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 at
the end of and for the period covered by the Report.





Date:  June
25, 2010




/s/ Lester
      Hahn
              Lester
      Hahn, Chief Executive Officer, President, Principal
              Executive,
      Financial and Accounting
Officer
EXHIBIT A 

Case 3:18-cv-08028-GMS Document 1-1 Filed 02/14/18 Page 1 of 12
Case 3:18-cv-08028-GMS Document 1-1 Filed 02/14/18 Page 2 of 12
Case 3:18-cv-08028-GMS Document 1-1 Filed 02/14/18 Page 3 of 12
Case 3:18-cv-08028-GMS Document 1-1 Filed 02/14/18 Page 4 of 12
Case 3:18-cv-08028-GMS Document 1-1 Filed 02/14/18 Page 5 of 12
Case 3:18-cv-08028-GMS Document 1-1 Filed 02/14/18 Page 6 of 12
Case 3:18-cv-08028-GMS Document 1-1 Filed 02/14/18 Page 7 of 12
Case 3:18-cv-08028-GMS Document 1-1 Filed 02/14/18 Page 8 of 12
Case 3:18-cv-08028-GMS Document 1-1 Filed 02/14/18 Page 9 of 12
Case 3:18-cv-08028-GMS Document 1-1 Filed 02/14/18 Page 10 of 12
Case 3:18-cv-08028-GMS Document 1-1 Filed 02/14/18 Page 11 of 12
Case 3:18-cv-08028-GMS Document 1-1 Filed 02/14/18 Page 12 of 12
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 Quarterly Report of CX2 Technologies., Inc. (the "Company") on Form 10-QSB for the period ending December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Sam D. Hitner  Chief Executive Officer, President, Principal Executive, Financial and Accounting Officer, 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 Company at the end of and for the period covered by the Report.



Date: March 12, 2007



/s/ Sam D. Hitner

____________________________________

Sam D. Hitner

Chief Executive Officer, President, Principal Executive, Financial and Accounting Officer
---

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

I, Terry Fitzgerald, hereby certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

|(1) | the Quarterly Report on Form 10-QSB of Dussault Apparel
      Inc. for the period ended July 31, 2008 (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 Dussault Apparel Inc.                                                                  

Dated: September 19, 2008



| | /s/
      Terry Fitzgerald           
| | -------------------------------------
| | Terry Fitzgerald                     
| | President and Chief Executive Officer
| | (Principal Executive Officer)        
| | Dussault Apparel Inc.                



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

---