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#   Washington, D.C.

fmshrc@fmshrc.gov

The Commission Hearing Room is located in Suite 504N. Members of the public attending Commission open meetings or oral arguments should use the F Street entrance at 1331 Pennsylvania Ave., N.W.

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### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: (202)434-9900TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
#### UNITED STATES of America, Plaintiff-Appellee v. Okera ULIMENGU, Defendant-Appellant.

No. 10-40405

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Jan. 3, 2011.

Ernest Gonzalez, U.S. Attorney’s Office, Plano, TX, for Plaintiff-Appellee.

Garland Don Cardwell, Munson, Mun-son, Cardwell *&*Tillett, Sherman, TX, for Defendant-Appellant.

Before JOLLY, GARZA, and STEWART, Circuit Judges.

PER CURIAM: *

Okera Ulimengu appeals his 166-month sentence following his jury conviction for conspiracy to possess with intent to distribute cocaine. In a special finding, the jury determined that Ulimengu was responsible for 5 kilograms or more of cocaine. Ulimengu argues that the district court clearly erred when it determined that the drug quantity involved in the offense was greater than five kilograms and sentenced him accordingly.

Ulimengu raised the substance of his guidelines argument in the district court. Accordingly, we review the district court’s interpretation and application of the Guidelines de novo and its factual findings *919for clear error. *United States v. Gonzalez,*445 F.3d 815, 817 (5th Cir.2006).

The district court found Ulimengu responsible for five or more kilograms of cocaine based on the PSR’s reliance on the jury’s verdict and on coconspirator Maurice Smith’s testimony and assigned him a base offense level of 32, pursuant to U.S.S.G. § 2Dl.l(e)(4). Ulimengu contends Maurice Smith’s testimony was not credible because he was a coeonspirator and because his testimony was uncorroborated. Smith testified that he sold Ulimengu approximately 15 to 25 kilograms of cocaine to Ulimengu during his involvement in the conspiracy, and this testimony was corroborated by a Government agent. The record establishes that the district court’s finding regarding the amount of cocaine was not clearly erroneous, *see Gonzalez,*445 F.3d at 817, and, additionally, the district court’s determination regarding Smith’s credibility will not be disturbed on appeal. *See United States v. Sotelo,*97 F.3d 782, 799 (5th Cir.1996). Accordingly, the judgment is AFFIRMED.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
**FEDERALMINE SAFETY AND HEALTH REVIEW COMMISSION**

 

SUNSHINE ACT NOTICE

 

TIMEAND DATE:                10:00 a.m., Thursday, January 9, 2020

 

PLACE:                                  TheRichard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue, NW,Washington, DC 20004 (enter from    F Street entrance)

 

STATUS:                                Open

 

MATTERSTO BE 

CONSIDERED:                     TheCommission will consider and act upon the following in open session: *Secretaryof Labor v. Knight Hawk Coal, LLC,*Docket No. LAKE 2019-87-R. (Issuesinclude whether the Judge erred in overturning the Secretary’s revocation of a mine’sventilation plan.)

 

 

Any person attending this meeting who requires specialaccessibility features and/or auxiliary aids, such as sign languageinterpreters, must inform the Commission in advance of those needs.  Subject to29 C.F.R. § 2706.150(a)(3) and § 2706.160(d).

 

 

CONTACTPERSON 

FOR MORE INFO:                EmogeneJohnson (202) 434-9935 / (202) 708-9300 for TDD

                                                Relay/ 1-800-877-8339 for toll free.

 

PHONE NUMBER

FOR LISTENING TO 

MEETING:                             1-(866)236-7472

                                                Passcode:678-100

 

Authority:  5 U.S.C. 552b

 

Dated:  December 12, 2019

 

 

                                                __________________________________

                                                SarahL. Stewart

                                                DeputyGeneral Counsel

 

 

BillingCode 6735-01
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7427

GARY LEE WELLS, Petitioner - Appellant, versus ATTORNEY GENERAL OF NORTH CAROLINA; JAY J. CLARK, Respondents - Appellees.Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Russell A. Eliason, Magistrate Judge. (CA-97-799) Submitted: March 16, 1999 Decided: April 5, 1999 Before MOTZ and KING, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. W. David Lloyd, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Gary Lee Wells appeals the magistrate judge’s order denying him relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the magistratejudge’s memorandum and order and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the magistrate judge. See Wells v. Attorney General of North Carolina , No. CA-97-799 (M.D.N.C. Aug. 28, 1998). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Schedule J 

(Form 1118) 

(Rev. September 2016) 

Department of the Treasury 

Internal Revenue Service 

Adjustments to Separate Limitation Income (Loss) Categories for 

Determining Numerators of Limitation Fractions, Year-End 

Recharacterization Balances, and Overall Foreign and Domestic 

Loss Account Balances

For calendar year 20 , or other tax year beginning , 20 , 

and ending , 20 

▶ Attach to Form 1118. For Paperwork Reduction Act Notice, see the Instructions for Form 1118. 

OMB No. 1545-0123 

Name of corporation Employer identification number 

Part I Adjustments to Separate Limitation Income or (Losses) in Determining Numerators of Limitation 

Fractions (see instructions) 

(i) 

General category income 

(ii) 

Passive category income 

(iii) 

Other income* 

(iv) 

U.S. income 

1 Income or (loss) before adjustments 

2 Allocation of separate limitation losses: 

a General category income ( ) ( ) 

b Passive category income ( ) ( ) 

c Other income* ( ) ( ) 

3 Subtotal— Combine lines 1 through 2c. 

4 Allocation of overall foreign losses ( ) 

5 Allocation of domestic losses ( ) ( ) ( ) 

6 Subtotal— Combine lines 3 through 5. 

7 Recapture of overall foreign losses ( ) ( ) ( ) 

8 Subtotal— Combine lines 6 and 7. 

9 Recharacterization of separate limitation 

income: 

a General category income ( ) 

b Passive category income ( ) 

c Other income* ( ) 

10 Recapture of overall domestic 

losses ( ) 

11 Numerator of Limitation Fraction— 

Combine lines 8 through 10. Enter each 

result here and on Schedule B, Part II, 

line 7, of corresponding Form 1118. 

Part II Year-End Balances of Future Separate Limitation Income That Must Be Recharacterized 

(section 904(f)(5)(C)) 

a General category income 

b Passive category income

c Other income*

Part III Overall Foreign Loss Account Balances (section 904(f)(1)) 

Complete for each separate limitation income category. 

1 Beginning balance 

2 Current year additions

3 Current year reductions (other than 

recapture) ( ) ( ) ( ) 

4 Current year recapture (from Part I, line 7) ( ) ( ) ( ) 

5 Ending balance—Combine lines 1 

through 4. 

Part IV Overall Domestic Loss Account Balances (section 904(g)(1)) 

1 Beginning balance 

2 Current year additions

3 Current year reductions (other than 

recapture) ( ) ( ) ( ) 

4 Subtotal—Combine lines 1 through 3.

5 Current year recapture (from Part I, line 

10) 

6 Ending balance—Subtract line 5

from line 4. 

*Important: See Computer-Generated Schedule J in instructions. Cat. No. 10309U Schedule J (Form 1118) (Rev. 9-2016)
SET ASIDE AND REMANDED and Opinion Filed June 30, 2015.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-15-00668-CV

AMBER L. MORRISON, Appellant

V.

CHRISTOPHER M. FANSLER, Appellee

On Appeal from the 95th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-13-08561

MEMORANDUM OPINION 

Before Justices Bridges, Lang, and Schenck 

Opinion by Justice Lang

Before the Court is the parties’ agreed motion to dismiss. The parties have informed the 

Court that they have settled their differences. Accordingly, we grant the parties’ motion. 

Pursuant to the parties’ agreement, we set aside the trial court’s judgment without regard to the 

merits and remand the case to the trial court for rendition of judgment in accordance with their 

agreement. See TEX. R. APP. P. 42.1(a)(2)(B). 

150068F.P05

/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE
–2–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

AMBER L. MORRISON, Appellant

No. 05-15-00668-CV V.

CHRISTOPHER M. FANSLER, Appellee

On Appeal from the 95th Judicial District 

Court, Dallas County, Texas.

Trial Court Cause No. DC-13-08561.

Opinion delivered by Justice Lang. Justices 

Bridges and Schenck, participating.

In accordance with this Court’s opinion of this date, the trial court’s judgment is SET 

ASIDE without regard to the merits and the case is REMANDED to the trial court for rendition 

of judgment in accordance with the parties’ agreement.

Subject to any agreement between the parties, it is ORDERED that appellee 

CHRISTOPHER M. FANSLER recover his costs of this appeal from appellant AMBER L. 

MORRISON.

Judgment entered this 30th day of June, 2015.
Exhibit 99.1

     In connection with the Annual Report of Global Diversified
Industries (the "Company") on Form 10-QSB for the period ending
July 31, 2002 as filed with the Securities and Exchange Commission
on the date hereof (the "Report"), I, Phillip Hamilton, President,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes Oxley Act, that:

(1)  The Report fully complies with Section 13(a) or 15(d) of
     the Securities Exchange Act of 1934; and

(2)  The Information contained in the Report fairly
     represents, in all material aspects, the financial
     condition and result of operations of the Company.

By: /s/  Phillip Hamilton
Phillip Hamilton, President
CASE ANNOUNCEMENTS

*August 12, 2014*

[Cite as *08/12/2014 Case Announcements #2,*2014-Ohio-3473.]

MOTION AND PROCEDURAL RULINGS

2014-1319.

#### State ex rel. Beltowski v. Smith.

In Prohibition. On the motion for extension of time to file response of respondents, Judge Bradley J. Smith and Sandusky County Juvenile Court, it is ordered that the motion is granted. Respondents shall file their responses to the complaint for a writ of prohibition and motion for expedited ruling no later than August 15, 2014.
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

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 MCF
Corporation on Form 10-Q for the three months and nine months ended September 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, D. Jonathan Merriman and John D. Hiestand, certify, pursuant
to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002 that:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



November 9, 2004



/s/ D. JONATHAN MERRIMAND. Jonathan Merriman Chairman and Chief Executive Officer/S/ JOHN D. HIESTANDJohn D. Hiestand Chief Financial Officer
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 Labor

###### Employment and Training Administration

          - [NAFTA-4353]

Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on December 4, 2000, in response to a worker petition which was filed on behalf of workers at Centec Roll Corporation, Bethlehem, Pennsylvania.

The petitioner has requested that the petition be withdrawn. Consequently further investigation in this case would serve no purpose, and the investigation has been terminated.

Signed in Washington, DC this 10th day of January, 2001.

Linda G. Poole,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. 01-3288  Filed 2-7-01; 8:45 am]

BILLING CODE 4510-30-M
**Exhibit 23.2**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation by referencein the Registration Statement on Forms S-3 (Nos. 333-54546, 333-82999, 333-111524, 333-105275, 333-99831, 333-139429, 333-151117 and 333-151118) and S-8 (Nos. 333-01111, 033-56501, 333-39881, 333-73117, 333-53174, 333-30954, 333-90047, 333-73113,333-111322, 333-101795, 333-72882, and 333-66372) of AmeriCredit Corp. of our report dated September 8, 2006, relating to the financial statements, which appears in this Form 10-K. 

PricewaterhouseCoopers LLP 

Dallas, Texas 

August 28, 2008
## Court of Appeals Sixth Appellate District of Texas

JUDGMENT

In the Interest of P. D. and C.D., Children

No. 06

- 14

- 00052

- CV Appeal from the 402nd Judicial District Court of Wood County, Texas (Tr. Ct. No.
2013

- 378 ). Opinion delivered b y Chief Justice Morriss, Justice Carter and Justice Moseley participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court

below

. We affirm the judgment of the trial court

. We note that the appellant, Amy , has adequately indicated h er inability to pay costs of

appeal. Therefore, we waive payment of costs.

RENDERED OCTOBER 29, 2014
BY ORDER OF THE COURT JOSH R. MORRISS, III
CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000827056
<NAME>                        ZEVEX International, Inc

<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   MAR-31-1999
<CASH>                                         4,352,882
<SECURITIES>                                   607,017
<RECEIVABLES>                                  4,381,771
<ALLOWANCES>                                   138,000
<INVENTORY>                                    5,792,182
<CURRENT-ASSETS>                               15,485,764
<PP&E>                                         7,206,872
<DEPRECIATION>                                 1,688,655
<TOTAL-ASSETS>                                 30,032,833
<CURRENT-LIABILITIES>                          3,273,079
<BONDS>                                        1,800,000
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       3,419
<OTHER-SE>                                     20,479,739
<TOTAL-LIABILITY-AND-EQUITY>                   30,032,833
<SALES>                                        4,661,453
<TOTAL-REVENUES>                               4,661,453
<CGS>                                          2,387,107
<TOTAL-COSTS>                                  2,387,107
<OTHER-EXPENSES>                               1,856,663
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             105,030
<INCOME-PRETAX>                                455,325
<INCOME-TAX>                                   167,557
<INCOME-CONTINUING>                            287,768
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   287,768
<EPS-BASIC>                                  .08
<EPS-DILUTED>                                  .08



</TABLE>
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      Federal Mine Safety and Health Review Commission    

En Español

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## Breadcrumb

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-                   Secretary of Labor v. Sims Crane, Inc.              

#   Secretary of Labor v. Sims Crane, Inc.

Sims SE 2015-315 Meeting Notice 6-30-17.pdf

Sims SE 2015-315 Meeting Notice 6-30-17.htm

secretary-labor-v.sims-crane-inc-docket-se2015-3156-30-17.mp3

##### Footer Links

-  EEO Policies 
-  No Fear Act Notice 
-  Employee Ethical Conduct 
-  Equal Access to Justice Act 
-  Motions to Approve Settlement 
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-  USA.gov 
-  FMSHRC Privacy Policy 
-  Vulnerability Disclosure Policy 

### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: (202)434-9900TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov