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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7813

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JOHN ARTHUR COBB, JR., Defendant - Appellant.Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Frank W. Bullock, Jr., Chief District Judge. (CR-97-16, CA-98-109) Submitted: April 15, 1999 Decided: April 21, 1999 Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. John Arthur Cobb, Jr., Appellant Pro Se. Lisa Blue Boggs, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: John Arthur Cobb, Jr., seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistratejudge and find no reversible error. We deny a certificate of appealability and dismiss the appeal on the reasoning of the district court and magistrate judge. See United States v. Cobb , Nos. CR-97- 16, CA-98-109 (M.D.N.C. Sept. 16, 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
Dismissed and Memorandum Opinion filed December 18, 2012.

In The

Fourteenth Court of Appeals

NO. 14-12-01024-CR

WILLIAM V. WADE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 3

Harris County, Texas

Trial Court Cause Nos. 5479

M E M O R A N D U M O P I N I O N

Appellant was charged with failure to appear. A jury found him guilty and 

assessed a fine of $1. Appellant appealed to County Court at Law No. 3. The 

appeal was denied. Because we lack jurisdiction, we dismiss the appeal to this 

court from that order.

An appellant has the right to appeal a municipal court of record judgment to 

the court of appeals if (1) the fine assessed against the defendant exceeds $100 and 
2

the judgment is affirmed by the county appellate court; or (2) the sole issue is the 

constitutionality of the statute or ordinance on which a conviction is based. Tex. 

Gov't Code § 30.00027(a). This statute limits our jurisdiction of appeals from 

county criminal court appellate decisions to the specific situations set forth in the 

statute. See Tex. Vital Care v. State, 323 S.W.3d 609, 612 (Tex. App. -- Texarkana 

2010, no pet.).

Appellant’s brief raises no constitutional issue. Therefore, this court lacks 

jurisdiction because the monetary fine does not exceed $100. Accordingly, the 

appeal is dismissed.

PER CURIAM

Panel consists of Justices Frost, Christopher, and Jamison.

Do Not Publish — Tex. R. App. P. 47.2(b).
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 11-2229

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Missouri.

Ryechine A. Money, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: February 16, 2012

Filed: February 22, 2012

___________

Before MURPHY, ARNOLD, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

Ryechine Money pleaded guilty to robbery and firearms offenses, in violation

of 18 U.S.C. §§ 1951 and 924(c)(1). Pursuant to a plea agreement, he waived his right

to appeal “any issues relating to . . . the guilty plea.” The district court1

 sentenced him

to 235 months in prison. On appeal, his counsel has moved to withdraw and filed a

brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is

unreasonable, and that the court erred by refusing to allow Mr. Money to withdraw his

1

The Honorable Carol E. Jackson, United States District Judge for the Eastern

District of Missouri.
guilty plea, by finding he was a career offender, and by overruling his objection to an

offense-characteristic enhancement. 

We will enforce the appeal waiver as to the argument that Mr. Money should

have been allowed to withdraw his guilty plea. This issue falls within the scope of the

waiver; his testimony at the plea hearing shows that he entered into both the plea

agreement and the waiver knowingly and voluntarily; and we conclude that enforcing

the waiver will not result in a miscarriage of justice. See United States v. Andis,

333 F.3d 886, 889-92 (8th Cir. 2003) (en banc).

We conclude the career-offender designation was proper based on Mr. Money’s

two prior convictions for violating Mo. Rev. Stat. § 571.030.1(4). See United States

v. Jackson, 462 F.3d 899, 901 (8th Cir. 2006); see also United States v. Crippen,

627 F.3d 1056, 1066 (8th Cir. 2010) (under U.S.S.G. § 4A1.2(a)(2) prior sentences

are counted separately if they were imposed for offenses that were separated by

intervening arrest, and presence of intervening arrest ends inquiry); United States v.

Parks, 620 F.3d 911, 913 (8th Cir. 2010) (discussing documents that court may review

to determine whether prior offense was crime of violence). Thus, Mr. Money’s

challenge to the offense-characteristic enhancement is moot. See United States v.

LeGrand, 468 F.3d 1077, 1082 (8th Cir. 2006).

We also conclude the district court did not impose an unreasonable sentence. 

The record reflects that the court considered relevant 18 U.S.C. § 3553(a) factors and 

explained why it chose a sentence at the low end of the Guidelines range. See United

States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc). 

Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75

(1988), we find no nonfrivolous issue. Accordingly, we grant counsel’s motion to

withdraw, and we affirm the judgment.

______________________________

-2-
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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-7145

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

JASON HAGOOD, 

 Defendant - Appellant. 

Appeal from the United States District Court for the District of 

South Carolina, at Greenville. Henry M. Herlong, Jr., District 

Judge. (6:01-cr-00828-HMH-2) 

Submitted: March 12, 2009 Decided: March 16, 2009 

Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior 

Circuit Judge. 

Affirmed by unpublished per curiam opinion. 

Jason Hagood, Appellant Pro Se. Elizabeth Jean Howard, Regan 

Alexandra Pendleton, Assistant United States Attorneys, 

Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

 Jason Hagood appeals the district court’s order 

granting in part and denying in part his motion for reduction of 

sentence pursuant to 18 U.S.C. § 3582(c) (2006). We have 

reviewed the record and find no reversible error. Accordingly, 

we affirm. United States v. Hagood, No. 6:01-cr-00828-HMH-2 

(D.S.C. June 20, 2008). See United States v. Dunphy, 551 F.3d 

247 (4th Cir. 2009). 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. 

AFFIRMED
J. 

1158, 1166-67 (9th Cir. 2005) (explaining that a plaintiff suing for racial 

discrimination must allege facts showing that the defendant acted with 

discriminatory intent or purpose); Sprouse v. Babcock, 870 F.2d 450, 452 

(8th Cir. 1989) (filing of false disciplinary charges is not a constitutional 

violation unless charges were filed in retaliation for filing a grievance). 

Accordingly, we 

ORDER the judgment of the district court AFFIRMED. 

—CLICalsa6444res Parraguirie 

Douglas 

cc: Hon. James E. Wilson, District Judge 

Ronald Monroe 

Attorney General/Carson City 

Carson City Clerk 

SUPREME COURT 

OF 

NEVADA 2 

(0) I 947A e
<PAGE>

                                                                    EXHIBIT 24

                                   SIGNATURES

Pursuant to the requirements of  Section 13 or 15(d) of 
the Securities Exchange Act of 1934, the Registrant 
has duly caused this report to be signed on its 
behalf by the undersigned, thereunto duly 
authorized, on October 16, 1998.

                                          By /s/ William D. Snyder
                                          _____________________________________
                                          William D. Snyder
                                          Vice President and Chief Financial
                                          Officer

KNOW ALL PERSONS BY THESE PRESENTS, that each person 
whose signature appears below constitutes and 
appoints jointly and severally, Stephen E. Cooper 
and William D. Snyder, and each of them, his or her 
true and lawful attorneys-in-fact, each with the 
power of substitution, for him in any and all 
capacities, to sign any and all amendments to this 
Annual Report on Form 10-K and to file the same, 
with exhibits thereto and other documents in 
connection therewith, with the Securities and 
Exchange Commission, hereby ratifying and confirming 
all that each said attorneys-in-fact, or his 
substitute, may do or cause to be done by virtue 
hereof.

Pursuant to the requirements of the Securities 
Exchange Act of 1934, this report has been signed 
below by the following persons on behalf of the 
Registrant in the capacities.
   /s/ Stephen E. Cooper    President, Chief Executive        October 16, 1998
--------------------------  Officer (Principal Executive
       Stephen E. Cooper    Officer) and Chairman of the
                            Board.

   /s/ William D. Snyder    Vice President and Chief          October 16, 1998
--------------------------  Financial Officer (Principal
       William D. Snyder    Financial Officer and
                            Principal Accounting
                            Officer)

   /s/ Edward L. Gelbach    Director                          October 16, 1998
--------------------------
       Edward L. Gelbach

       William Ryan         Director                          October 16, 1998
--------------------------
       William Ryan

     /s/  William T. Siegle Director                          October 16, 1998
--------------------------
       William T. Siegle

    /s/ John McBennett      Director                          October 16, 1998
--------------------------
        John McBennett

    /s/ John Suzuki         Director                          October 16, 1998
--------------------------
        John Suzuki

    /s/  Thomas Michael TrenDirector                          October 16, 1998
--------------------------
      Thomas Michael Trent

    /s/ Robert L. Wehrli    Director                          October 16, 1998
--------------------------
        Robert L. Wehrli


   /s/ W. Russell  Wayman
*By -----------------------
       Attorney-in-Fact
EXHIBIT 31.2

                                 CERTIFICATIONS

I, Beth Ochoa, certify that:

1.   I have reviewed this Annual Report on Form 10-KSB of Telynx, Inc.;

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;

4.   The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

     (a) designed such disclosure controls and procedures to ensure that
     material information relating to the registrant, including its consolidated
     subsidiaries, is made known to us by others within those entities,
     particularly during the period in which this annual report is being
     prepared;

     (b) evaluated the effectiveness of the registrant's disclosure controls and
     procedures as of a date within 90 days prior to the filing date of this
     annual report (the "Evaluation Date"); and

     (d) presented in this annual report our conclusions about the effectiveness
     of the disclosure controls and procedures based on our evaluation as of the
     Evaluation date;

5.   The registrant's other certifying officers and I have disclosed, based on
our most recent evaluation, to the registrant's auditors and the audit committee
of registrant's board of directors (or persons performing the equivalent
functions):

          a)   all significant deficiencies in the design or operation of
               internal controls which could adversely affect the registrant's
               ability to record, process, summarize and report financial data
               and have identified for the registrant's auditors any material
               weaknesses in internal controls; and

          b)   any fraud, whether or not material, that involves management or
               other employees who have a significant role in the registrant's
               internal controls; and

Date:  January 12, 2007

/s/ Beth N. Ochoa
-----------------------------------

Beth Ochoa, Chief Financial Officer
Exhibit 32.2  CERTIFICATION OF PRINCIPAL 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 on Form 10-Q of ProLung, Inc. (the Company) for the quarter ended March 31, 2017, as filed with the Securities and Exchange Commission (the Report), I, Aaron W. Stout, Principal Financial Officer of the Company, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, as amended; and                    
|       |                                                                                                                                                      
|2.     | The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|      
|       |                                                                                                                                                       |                                                       
|Dated: | May 22, 2017                                                                                                                                          | /s/ Aaron Stout                                       
|       |                                                                                                                                                       | Aaron Stout                                           
|       |                                                                                                                                                       | Chief Accounting Officer
(Principal Financial Officer)
---

Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Garth Likes, 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-Q of Cyplasin Biomedical
      Ltd. for the period ended October 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 Cyplasin Biomedical Ltd.                                                                   

Dated: December 15, 2008

| | /s/ Garth Likes                                                
| | ---------------------------------------------------------------
| | Garth Likes                                                    
| | President, Chief Executive Officer and Director                
| | (Principal Executive Officer, Principal
      Financial Officer
| | and Principal Accounting Officer)                              
| | Cyplasin Biomedical Ltd.                                       

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 Cyplasin
Biomedical Ltd. and will be retained by Cyplasin Biomedical Ltd. and furnished
to the Securities and Exchange Commission or its staff upon request.

---
#### William Keith BEARDSLEY, Petitioner, v. COLORADO STATE UNIVERSITY, State of Colorado—State Personnel Board; William Liley, Director of Personnel, Colorado State University; Wayne Teegarden, Chief of Police, Colorado State University Police Department, State Board of Agriculture in the Interest of Colorado State University, State Personnel Board, B.A. Arguello, Jan Knoop, Randall C. Mustain-Wood, Francis F. Kethcart and Marie Couch, Respondents.

No. 87SC258.

Supreme Court of Colorado, En Banc.

Sept. 22, 1988.

ORDER OF COURT

Upon consideration of the oral argument by counsel and the briefs and record submitted in the above cause, and now being sufficiently advised in the premises,

IT IS THIS DAY ORDERED that the Writ of Certiorari is DISCHARGED as having been improvidently granted.
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THE THIRTEENTH COURT OF APPEALS

13-12-00320-CR

JOSHUA ALLEN SCHMUDE

v.

THE STATE OF TEXAS

On Appeal from the

24th District Court of Jackson County, Texas

Trial Cause No. 10-9-8500

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.

May 29, 2014