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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Chief Judge Wiley Y. Daniel

Civil Action No. 11-cv-02260-WYD-MJW

EUGENE DURAN,

Applicant, 

v. 

PAMELA PLOUGHE, Acting Warden CTCF, and 

JOHN W. SUTHERS, the Attorney General of the State of Colorado,

Respondents.

ORDER FOR STATE COURT RECORD

After preliminary consideration of the application for a writ of habeas corpus filed

pursuant to 28 U.S.C. § 2254, it is 

ORDERED that within thirty (30) days from the date of this order the

Respondents shall file with the Clerk of the Court, in electronic format if available, a

copy of the complete record in People v. Duran, Arapahoe County District Court Case

No. 05CR539, including all documents in the state court file and transcripts of all

proceedings conducted in the state court, but excluding any physical evidence (as

opposed to documentary evidence) not relevant to the asserted claims. It is

FURTHER ORDERED that the Clerk of the Court is directed to send copies of

this Order to the following:

(1) Arapahoe County Justice Center

7325 S. Potomac Street 

Centennial, CO 80112

Case 1:11-cv-02260-WYD Document 41 Filed 09/25/12 USDC Colorado Page 1 of 2
2

(2) Court Services Manager

State Court Administrator’s Office

101 W. Colfax, Ste. 500

Denver, Colorado 80202.

Dated: September 25, 2012.

BY THE COURT:

s/ Wiley Y. Daniel 

WILEY Y. DANIEL

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:11-cv-02260-WYD Document 41 Filed 09/25/12 USDC Colorado Page 2 of 2
#### The People of the State of New York, Respondent, v Erin Thurmond, Appellant.

[811 NYS2d 713]

Appeal by the defendant from two judgments of the County Court, Nassau County (Honorof, J.), both rendered July 1, 2004, convicting him of robbery in the second degree, robbery in the third degree, and attempted robbery in the third degree under indictment No. 1692N/03, and criminal possession of a forged instrument in the second degree under indictment No. 1937N/ 03, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The defendant knowingly, voluntarily, and intelligently entered into the plea agreements, and concomitantly waived his right to appeal both his convictions and sentences. Since the defendant’s claim that he should be afforded a second opportunity to challenge certain comments made about him in the pre-sentence report is not one that calls into question the legality of the sentences imposed, the claim is foreclosed from appellate review *(see People v Callahan,*80 NY2d 273 [1992]; *People v Brathwaite,*263 AD2d 89 [2000]; *People v Egan,*6 AD3d 1206 [2004]; *see also People v Hansen,*95 NY2d 227 [2000]; *People v Fernandez,*67 NY2d 686 [1986]). Cozier, J.P., Santucci, Spolzino and Skelos, JJ., concur.
Exhibit 99.2

CERTIFICATION UNDER SECTION 906  OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned certifies that this periodic report fully complies with the requirements
of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in this periodic report fairly presents, in all material respects, the financial condition and
results of operations of Golf Trust of America, Inc.

|Date: November 13, 2002 |  | /s/W. BRADLEY BLAIR, IIW. Bradley Blair, II President and Chief Executive Officer  
|----------------------- |  | -----------------------------------------------------------------------------------
|Date: November 13, 2002 |  | /s/SCOTT D. PETERSScott D. Peters Senior Vice President and Chief Financial
Officer

---

QuickLinks
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Boyd N. Boland

Criminal Case No. 11-cr-00349-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v. 

JOSHUA COLE JOHNSON,

Defendant.

______________________________________________________________________________

ORDER

______________________________________________________________________________

The defendant was charged by an Indictment [Doc. # 1] on August 29, 2011, under 18

U.S.C. §§ 922(g) and 924 with two counts of possession of a firearm by a prohibited person, and

under 18 U.S.C. § 841 with three counts of possession of methamphetamine with intent to

distribute. A warrant for his arrest was issued on the same day.

On October 13, 2011, the defendant, who apparently is in state custody, filed a Motion

for Writ of Habius [sic] Corpus [Doc. # 3] seeking to be brought before this court to answer the

federal charges. I ordered the United States to respond to the Motion. The Response states:

[The defendant’s] alleged state offenses were conducted after his

alleged federal gun and drug violations. Since defendant

Johnson’s state offenses occurred after his alleged federal gun and

drug charges, the government moves this Court to deny defendant

Johnson’s Motion for Writ of Habeas Corpus.

Response [Doc. # 6] at p. 1.

I take from this that the defendant is held in state custody for offenses other than (and

unrelated to) his federal charges. The Response fails to address why the pendency of those later
-2-

state charges necessarily requires that the defendant remain in state custody and not be brought

here to answer the federal charges, or how the decision is made as to which charges will be

prosecuted first. Consequently, I require a further and more complete explanation as to why the

state charges should proceed first and why the defendant should not be brought here at this time

to answer the federal charges.

IT IS ORDERED that the United States shall file supplemental briefing on the issue by

October 26, 2011.

Dated October 19, 2011.

BY THE COURT:

 s/ Boyd N. Boland 

United States Magistrate Judge
B.7. Selected Measures of Financial Performance of Agricultural and Other Small Banks

Percent

Distribution of net income as a Average rate Rate N

share of average equity at of return of return 

agricultural banks on equity to assets 

25 percent Agri- Other Agri- Other A

Negative 0-4 5-9 10-14 15-19 20-24 and cultural Small cultural small cu

Period All banks income percent percent percent percent percent over banks Banks banks banks ba1998...... 100.0 2.0 8.7 35.6 35.5 13.4 3.5 1.3 11.3 11.7 1.2 1.2 1999...... 100.0 2.9 7.9 34.8 33.3 14.2 4.9 1.9 11.8 11.9 1.2 1.1 2000...... 100.0 2.4 8.9 35.3 33.5 13.8 4.2 1.8 11.7 11.4 1.2 1.1 2001...... 100.0 3.1 12.6 37.6 28.6 13.1 3.7 1.3 10.8 10.4 1.1 1.0 2002...... 100.0 3.0 10.7 35.1 31.4 13.5 4.6 1.7 11.5 10.6 1.2 1.1 2003...... 100.0 2.7 12.2 36.6 29.3 12.9 4.4 1.8 11.2 10.7 1.2 1.1 2004...... 100.0 2.1 10.0 34.9 31.4 13.8 5.8 2.0 11.5 10.5 1.2 1.1 2005...... 100.0 1.7 10.1 34.5 29.9 14.6 6.4 2.8 11.8 10.7 1.2 1.1 2006...... 100.0 2.7 10.9 35.7 30.1 13.1 4.6 2.8 11.4 10.1 1.2 1.1 2007...... 100.0 3.2 12.3 36.6 29.4 11.8 4.5 2.2 10.6 7.7 1.1 .9 2008...... 100.0 7.4 15.2 35.0 27.0 9.9 3.8 1.6 9.0 1.5 1.0 .2 2004: Q4... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 11.5 10.5 1.2 1.1 2005: Q1... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 3.0 2.9 .3 .3  Q2... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 5.9 5.6 .6 .6  Q3... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 9.0 8.3 .9 .8  Q4... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 11.8 10.7 1.2 1.1 2006: Q1... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 3.0 2.7 .3 .3  Q2... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 6.1 5.7 .6 .6  Q3... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 9.0 8.0 .9 .9  Q4... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 11.4 10.1 1.2 1.1 2007: Q1... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 2.8 2.3 .3 .3  Q2... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 5.7 4.6 .6 .5  Q3... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 8.4 6.6 .9 .7  Q4... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 10.6 7.7 1.1 .9 2008: Q1... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 3.0 1.5 .3 .2  Q2... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 5.6 2.5 .6 .3  Q3... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 7.6 2.4 .8 .3  Q4... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 9.0 1.5 1.0 .2 2009: Q1... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 1.8 .5 .2 .0  Q2... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 3.7 -.3 .4 .0  Q3... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 5.5 -.5 .6 -.1  Note. Agricultural and other banks are defined in the introduction to section B; small banks have less than $500 million in assets. Total primary anavailable at the end of the period specified) are measured as a percentage of total assets. Quarterly data are cumulative through the end of the quarte n.a. Not available.27
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Steven A. Swan

V .

U .S . Attorney General

Case No. 07-cv-112-S M

ORDE R

After due consideration of the objection filed, I herewith approve the Report

and Recommendation of Magistrate Judge Muirhead dated August 21, 2007, for the

reasons set forth therein . Plaintiff's complaint is hereby dismissed, and his motion

for the magistrate judge to act on complaint/petition is hereby denied as moot .

SO ORDERED.

September 26, 2007

cc: Steven A. Swan, pro se

Case 1:07-cv-00112-SM Document 10 Filed 09/26/07 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02189-BNB

DWAYNE A. JONES,

Plaintiff,

v.

BOARD OF COUNTY COMMISSIONERS FOR ARAPAHOE COUNTY, COLORADO, 

DAVE WELCHER, 

ERWIN MOZER, M.D., and 

NURSE JANE DOE, individually,

Defendants.

ORDER DRAWING CASE

Following review pursuant to D.C.COLO.LCivR 8.2C, the court has determined

that this case does not appear to be appropriate for summary dismissal. Therefore, the

case will be drawn to a district judge and to a magistrate judge. See D.C.COLO.LCivR

8.2D. Accordingly, it is

ORDERED that this case shall be drawn to a district judge and to a magistrate

judge.

DATED November 25, 2011, at Denver, Colorado.

BY THE COURT:

 s/ Boyd N. Boland 

United States Magistrate Judge

Case 1:11-cv-02189-PAB-MEH Document 7 Filed 11/25/11 USDC Colorado Page 1 of 1
Exhibit 32.1

CERTIFICATION UNDER SECTION 906  OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned certifies that this periodic report fully complies with the requirements
of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in this periodic report fairly presents, in all material respects, the financial condition and
results of operations of Golf Trust of America, Inc.

|Date: August 15, 2005 |  | /s/W. BRADLEY BLAIR IIW. Bradley Blair, II President and Chief Executive Officer   
|--------------------- |  | -----------------------------------------------------------------------------------
|Date: August 15, 2005 |  | /s/SCOTT D. PETERSScott D. Peters Senior Vice President and Chief Financial Officer

---



QuickLinks
EXHIBIT
31.2





Certificate
Pursuant to Section 302


of
Sarbanes – Oxley Act of 2002


CERTIFICATION
OF CFO





I, Gary
D. Pickett, the Registrant's Chief Financial Officer, certify that:





1. I have
reviewed this annual report on Form 10-K/A of Bovie Medical
Corporation;





2. Based
on my knowledge, this annual report 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 with respect to the period covered by this annual
report;





3. Based
on my knowledge, the financial statements, and other financial information
included in this annual report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this annual report;





Date:
November 30, 2009





/s/
      Gary D. Pickett
              Chief
      Financial Officer
II 

Calendar No. 607

107TH CONGRESS 

2D SESSION H. R. 2115

[Report No. 107–288] 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2001

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

SEPTEMBER 17, 2002

Reported by Mr. BINGAMAN, without amendment 

A ACT

To amend the Reclamation Wastewater and Groundwater 

Study and Facilities Act to authorize the Secretary of 

the Interior to participate in the design, planning, and 

construction of a project to reclaim and reuse wastewater 

within and outside of the service area of the Lakehaven 

Utility District, Washington.

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

2

HR 2115 RS 

1 SECTION 1. AUTHORIZATION OF LAKEHAVEN, WASH2 INGTON, WASTEWATER RECLAMATION AND 

3 REUSE PROJECT. 

4 The Reclamation Wastewater and Groundwater 

5 Study and Facilities Act (Public Law 102–575, title XVI; 

6 43 U.S.C. 390h et seq.) is amended by adding at the end 

7 the following: 

8 ‘‘SEC. 1635. LAKEHAVEN, WASHINGTON, WATER RECLAMA9 TION AND REUSE PROJECT. 

10 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera11 tion with the Lakehaven Utility District, Washington, is 

12 authorized to participate in the design, planning, and con13 struction of, and land acquisition for, a project to reclaim 

14 and reuse wastewater, including degraded groundwaters, 

15 within and outside of the service area of the Lakehaven 

16 Utility District. 

17 ‘‘(b) COST SHARE.—The Federal share of the cost 

18 of the project authorized by this section shall not exceed 

19 25 percent of the total cost of the project. 

20 ‘‘(c) LIMITATION.—The Secretary shall not provide 

21 funds for the operation and maintenance of the project 

22 authorized by this section.’’. 

3

HR 2115 RS 

1 SEC. 2. CLERICAL AMENDMENT. 

2 The table of sections in section 2 of such Act is 

3 amended by inserting after the item relating to section 

4 1634 the following:

‘‘Sec. 1635. Lakehaven, Washington, Water Reclamation and Reuse Project.’’.

Passed the House of Representatives December 5, 

2001. 

Attest: JEFF TRANDAHL, 

Clerk. 

Calendar No. 607

107TH CONGRESS 

2D SESSION H. R. 2115

[Report No. 107

–288] 

AN ACT

To amend the Reclamation Wastewater and 

Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of a project to reclaim and reuse wastewater within and outside of the service area of the Lakehaven Utility District, Washington. 

SEPTEMBER 17, 2002

Reported without amendment
**Exhibit 13**

 

**CERTIFICATIONS**

**Pursuant to****18 U.S.C.§ 1350**

 

I,Gail Patricia Kelly, certify that the Annual Report on Form 20-F for theyear ended 30 September 2009 of Westpac Banking Corporation (the “company”)fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that the information contained in thereport fairly presents, in all material respects, the financial condition andresults of operations of the company.

 
|   | Date:  4 November 2009                     |
|--------|-------------------------------------------------|
|   |                                            |
|   |                                            |
|   | /s/  Gail Patricia Kelly                        |
|   | Gail  Patricia Kelly                            |
|   | Managing  Director and  Chief Executive Officer |

 

I,Philip Matthew Coffey, certify that the Annual Report on Form 20-F for theyear ended 30 September 2009 of Westpac Banking Corporation (the “company”)fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that the information contained in thereport fairly presents, in all material respects, the financial condition andresults of operations of the company.

 

 
|   | Date:  4 November 2009                     |
|--------|-------------------------------------------------|
|   |                                            |
|   |                                            |
|   | /s/  Philip Matthew Coffey                      |
|   | Philip  Matthew Coffey  Chief Financial Officer |

 

----
UNITED STATES DISTRICT COURT

FOR

 THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 08-cr-30-04-PB

Danielle Rhodes, et al.

O R D E R

Defendant Victor Caceres, through counsel, has moved to

continue the trial scheduled for January 6, 2008 in order to

finalize plea negotiations. The government does not object to a

continuance of the trial date.

Accordingly, to allow the parties additional time to arrange

for a hearing on the defendant’s request to plead guilty or

properly prepare for trial, the court will continue the trial

from January 6, 2009 to February 3, 2009. In agreeing to

continue the trial, the court finds pursuant to 18 U.S.C.A. §

3161(h)(8)(A) that for the above-stated reasons, the ends of

justice served in granting a continuance outweigh the best

interests of the public and the defendant in a speedy trial.

The December 18, 2008 final pretrial conference is

cancelled.

Case 1:08-cr-00030-PB Document 49 Filed 12/16/08 Page 1 of 2
2

SO ORDERED.

/s/Paul Barbadoro 

Paul Barbadoro

United States District Judge

December 15, 2008

cc: James Gleason, Esq.

Richard Monteith, Jr., Esq.

Lawrence Vogelman, Esq.

Neil Faigel, Esq.

Mark Machera, Esq.

Terry Ollila, Esq.

United States Probation

United States Marshal

Case 1:08-cr-00030-PB Document 49 Filed 12/16/08 Page 2 of 2
ALD-260 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 17-1569

___________

UNITED STATES OF AMERICA

v.

GREGORY J. PODLUCKY,

Appellant

____________________________________

On Appeal from the United States District Court

for the Western District of Pennsylvania

(D.C. Criminal Nos. 2:09-cr-000278-001, 2:09-cr-000279-001,

and 2:11-cr-00037-001)

District Judge: Honorable Alan N. Bloch

____________________________________

Submitted for Possible Summary Action 

Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

May 25, 2017

Before: MCKEE, JORDAN and RESTREPO, Circuit Judges

(Opinion filed: June 7, 2017)

_________

OPINION*

_________

PER CURIAM

 

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not 

constitute binding precedent.
2

In October 2011, after he pleaded guilty to tax evasion and other federal crimes, 

Gregory J. Podlucky was sentenced to 20 years of imprisonment. In February 2017, 

Podlucky filed a motion arguing that he never received a downward adjustment under 

U.S.S.G. § 3E1.1(a) (“If the defendant clearly demonstrates acceptance of responsibility 

for his offense, decrease the offense level by 2 levels.”). The premise of the motion was 

factually false. Cf. DC Crim. No. 2:09-cr-000278-001, ECF 36 at ¶¶ 6, 32, 55-59 (Final 

PSI Report); ECF 43 (order adopting the PSI except as to loss amount). And the motion 

was otherwise without merit because Podlucky’s plea agreement capped his maximum 

sentencing exposure well below any potentially applicable Guidelines range. See ECF 44 

at 7 (Podlucky: “the advisory range should not be considered (because of the 20 year 

cap)”). Essentially for those reasons, the District Court denied Podlucky’s motion. This 

appeal followed. We will summarily affirm the order of the District Court because 

Podlucky’s motion was procedurally improper and the appeal presents no substantial 

question. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6.1

 

1 A motion under 28 U.S.C. § 2255 is the exclusive means to collaterally attack a federal 

conviction or sentence. Podlucky, as part of his plea agreement, waived his right to file 

either a direct appeal or a motion under § 2255. Podlucky’s past efforts to do what his 

plea agreement says he may not all have failed. See, e.g., CA No. 15-1501 (order entered 

Aug. 14, 2015); CA Nos. 11-4087, 11-4088 & 11-4089 (order entered May 24, 2012). 

Here, the District Court was without authority to entertain the merits of Podlucky’s 

motion to alter his sentence not just because of the collateral attack waiver, but also 

because of the restrictions on successive § 2255 motions. See 28 U.S.C. § 2255(h).
Case No. 1:11-cr-00355-MSK Document 161-4 filed 10/17/12 USDC Colorado pg 1 of 9
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