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##### Table of Contents



SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 
 Form 10-K/A
 Amendment No. 1
 þ
    
    ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
 For the fiscal year ended December 31, 2008
 OR
 o
    
    TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
 For the transition period from  to
 Commission file no. 001-10824
 
 BORLAND SOFTWARE CORPORATION
 (Exact name of registrant as specified in its charter)
 Delaware
    
    94-2895440(State or other jurisdiction of
    
    (I.R.S. Employerincorporation or organization)
    
    Identification No.)
 8310 NORTH CAPITAL OF TEXAS HIGHWAY, BUILDING 2, SUITE 100
AUSTIN, TEXAS 78731  (Address of principal executive offices, including zip code)  (512) 340-2200
(Registrants telephone number, including area code)
 
 Securities registered pursuant to Section 12(b) of the Act:
 Title of Each Class
    
    Name of Each Exchange on Which RegisteredCommon Stock, $0.01 per share
    
    The NASDAQ Stock Market LLC
 Securities registered pursuant to Section 12(g) of the Act:
None
(Title of classes)
 
 o þ
 o þ
 þ o
 þ
  Large accelerated filer o
    
    Accelerated filer o
    
    Non-accelerated filer o
    
    Smaller reporting company þ
 Yes o No þ
   DOCUMENTS INCORPORATED BY REFERENCE




---



##### 



BORLAND SOFTWARE CORPORATION
 AMENDMENT NO. 1 TO FORM 10-K
 For the Fiscal Year Ended December 31, 2008
 TABLE OF CONTENTS
 EXPLANATORY NOTE
    
    
    3PART IV, ITEM 15. EXHIBITS, FINANCIAL STATEMENT SCHEDULES
    
    
    4SIGNATURES
    
    
    6EXHIBIT INDEX
    
    
    5Exhibit 21.1Exhibit 31.1Exhibit 32.1
   2




---



##### Table of Contents



EXPLANATORY NOTE
    3




---



##### Table of Contents



PART IV
 ITEM 15. EXHIBITS, FINANCIAL STATEMENT SCHEDULES
         4




---



##### Table of Contents



EXHIBIT INDEX
  Exhibit Number
    
    Description of Exhibit21.1
    
    
    Subsidiaries of Borland Software Corporation.31.1
    
    
    Certification of Erik E. Prusch Acting Chief Executive
Officer; Chief Financial Officer of Borland Software
Corporation, pursuant to Rule 13a-14(a).32.1
    
    
    Certification of Erik E. Prusch, Acting Chief Executive
Officer; Chief Financial Officer of Borland Software
Corporation, pursuant to Rule 13a-14(b) and 18 U.S.C.
Section 1350.+
 +
    
    The certification attached as Exhibit 32.1 that accompanies
this Annual Report on Form 10-K is not deemed filed with
the Securities and Exchange Commission and are not to be
incorporated by reference into any filing of Borland
Software Corporation under the Securities Act of 1933 or
the Securities Exchange Act of 1934 whether made before or
after the date of this Form 10-K, irrespective of any
general incorporation language contained in such filing   5




---



##### Table of Contents



SIGNATURES
  Borland Software Corporation
(Registrant)By:
    /s/  ERIK E. PRUSCHErik E. PruschActing President, Chief Executive Officer and
Chief Financial Officer
(principal executive officer and principal financial and
accounting officer)  6




---



##### Table of Contents



7
### BEFOR E TH E DEPARTMEN T O F TRANSPORTATIO N WASHINGTON , D.C .
Agreement s Adopte d byth e Traffi c Conference s o f th e Internationa l Ai r Transpor t Associatio n OST-2010 - 003 3

APPLICATIO N FO R APPROVA L O F AGREEMENT S

B Y TH E INTERNATIONA L AI R TRANSPOR T ASSOCIATIO N lAT A AGREEMEN

T APPROVE

D & IMMUNIZE

D A DOCKE T OST - /d - 003 3 NZ

W ^MT

F/''W /

^ , "^ I ° Thi s approva

l an dgran t of antitrus t immunit y i s subject, wher

e applicable , t o condition s previousl

y imposed . Thi s actio n i s effectiv

e afte r 7 day s unles s apetition i s file dunde r 1 4 CF R385.3 0 o r arevie w i s undertake

n o n the Department' s ow

n motion . I n vie w of the agteement' s noncontroversia i natur e an dthe availabilit

y of th e abov e pra^edjlr e the ll-dnyoerijidyrUCF R303.42 i s waived .



### 1 2 Februar

y 201 0 Communication s wit h respec t t o thi s documen t shoul d b e sen t t o Dougla s E . Lavi n Regiona l Vic e Presiden t - Nort h Americ a Intemationa l Ai rTranspor t Associatio n lAT A Washington , 60 1 Pennsylvani a Avenue , N.W . Suit e 30 0 - Nort h Buildin g Washingto n D C 2000 4
**Exhibit      32**

**Certification      of Periodic Financial Report**

**Pursuant      to 18 U.S.C. Section 1350**

|                                   |                                                                                    |                                                    |
|----------------------------------------|-----------------------------------------------------------------------------------------|---------------------------------------------------------|
|                              |                                                                               |                                               |
| Date: May                10, 2007 | By:                                                                           | /s/ Norman                B.                Osborn |
|                                   | Norman                  B. OsbornPresident                  and Chief Executive Officer |
|                                   |                                                                                    |

|                                           |                                                                               |                                       |
|------------------------------------------------|------------------------------------------------------------------------------------|--------------------------------------------|
|                                      |                                                                          |                                  |
| Date: May                  10, 2007  | By:                                                                      | /s/ Dora                  Kicklighter |
|                                           | Dora                    KicklighterPrincipal                    Accounting Officer |
|                                           |                                                                               |

| * | This                certification is made solely for purpose of 18 U.S.C. Section 1350,                subject to the knowledge standard contained therein, and not for                any other                purpose. |
|---|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
Exhibit 32.1

CERTIFICATION OF EXECUTIVE
OFFICERS*

Pursuant to 18 U.S.C. Section 1350, each of the undersigned officers of Affinia Group Intermediate Holdings Inc. (the Company) hereby
certifies that the Companys Quarterly Report on Form 10-Q for the period ended June 30, 2010 (the Report) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of
1934 and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                                     
|-------------------------------------
|/s/ Terry R. McCormack               
|Terry R. McCormack                   
|President and Chief Executive Officer
|August 13, 2010                      



|                                                 
|-------------------------------------------------
|/s/ Thomas H. Madden                             
|Thomas H. Madden                                 
|Senior Vice President and Chief Financial Officer
|August 13, 2010                                  



|* | The foregoing certification is being furnished solely pursuant to 18 U.S.C. section 1350 and is not being filed as part of the Report or as a separate
disclosure document.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
October 25, 2016

JUDGMENT

The Fourteenth Court of Appeals

JAMES LAWRENCE MCCARTY, Appellant

NO. 14-16-00085-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.

We further order this decision certified below for observance.
Exhibit31.2

CERTIFICATIONS OF CHIEF FINANCIAL OFFICER PURSUANTTO RULE 13a-14(a)

I, Thomas H. Madden, certify that:

1.    I have reviewed this quarterly report on Form 10-Q ofAffinia Group Intermediate Holdings Inc.;

2.    Based on myknowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period coveredby this report;

3.    Based on my knowledge, the financialstatements, and other financial information included in this 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 report;

4.     Theregistrant's other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

(a)     Designed such disclosure controlsand procedures, or caused such disclosure controls and procedures to bedesigned under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly duringthe period in which this report is being prepared;

(b)    Evaluated the effectiveness of the registrant's disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, asof the end of the period covered by this report based on suchevaluation; and

(c)     Disclosed in this report any change inthe registrant's internal control over financial reporting thatoccurred during the registrant's most recent fiscal quarter (theregistrant's fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely tomaterially affect, the registrant's internal control overfinancial reporting; and

5.     The registrant's othercertifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to theregistrant's auditors and the audit committee of theregistrant's board of directors (or persons performing theequivalent functions):

(a)     All significant deficienciesand material weaknesses in the design or operation of internal controlover financial reporting which are reasonably likely to adverselyaffect the registrant's ability to record, process, summarize andreport financial information; and

(b)     Any fraud, whetheror not material, that involves management or other employees who have asignificant role in the registrant's internal control overfinancial reporting.

Date: November14, 2005

/s/   Thomas H.Madden        Thomas H. MaddenChief FinancialOfficer

----
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                      13,038,589
<SECURITIES>                                         0
<RECEIVABLES>                                1,782,635
<ALLOWANCES>                                   345,540
<INVENTORY>                                  1,375,443
<CURRENT-ASSETS>                            20,088,455
<PP&E>                                     226,956,472
<DEPRECIATION>                              67,241,809
<TOTAL-ASSETS>                             209,197,464
<CURRENT-LIABILITIES>                       27,892,298
<BONDS>                                    208,204,024
<PREFERRED-MANDATORY>                       24,401,171
<PREFERRED>                                          0
<COMMON>                                        40,128
<OTHER-SE>                                  51,340,157
<TOTAL-LIABILITY-AND-EQUITY>               209,197,464
<SALES>                                     25,982,512
<TOTAL-REVENUES>                           224,401,467
<CGS>                                       12,505,231
<TOTAL-COSTS>                              185,444,365
<OTHER-EXPENSES>                             3,631,839
<LOSS-PROVISION>                               388,573
<INTEREST-EXPENSE>                          27,173,154
<INCOME-PRETAX>                            (8,666,827)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (8,666,827)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (8,666,827)
<EPS-PRIMARY>                                   (3.35)
<EPS-DILUTED>                                        0
        

</TABLE>
**Exhibit
      32**





**Certification
      of Periodic Financial Report**


**Pursuant
      to 18 U.S.C. Section 1350**











Pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, each of the undersigned officers of CB Financial
      Corporation (the “Company”) certifies that the Quarterly Report on Form 10-QSB
      of the Company for the fiscal period ended September 30, 2005 fully complies
      with the requirements of Section 13(a) or 15(d), as applicable, of the
      Securities Exchange Act of 1934 and information contained in that Form 10-QSB
      fairly presents, in all material respects, the financial condition and results
      of operations of the Company.








Dated:November
              14, 2005
            
            By:/s/
              Norman B. OsbornNorman
                B. OsbornChief
                Executive OfficerDated:November
              14, 2005
            
            By:/s/
              Dora KicklighterDora
                KicklighterPrincipal
                Accounting Officer





*This
      certification is made solely for purpose of 18 U.S.C. Section 1350, subject
      to
      the knowledge standard contained therein, and not for any other
      purpose.
* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED
April 4, 2003

Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-50424 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN GARCES PERALES,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. W-01-CR-75-1

--------------------
Before JONES, STEWART and DENNIS, Circuit Judges.

PER CURIAM: *

Juan Garces Perales appeals the sentence imposed by the

district court upon his plea of guilty to possession with intent to

dist ribute cocaine and aiding and abetting in violation of

21 U.S.C. §§ 841(a)(1), (b)(1)(C) and 18 U.S .C. § 2. Finding no

error we affirm.

Perales contends that the district court erred in

determining drug quantity because the statements of a confidentialNo. 02-50424 -2-

informant (“CI”) were unreliable. In making its drug quantity

determination, the district court considered th e CI’s statements

contained in the PSR as well as the testimony of a narcotics

officer involved in the investigation of Perales. The officer

testified that several pe ople, other than the CI, reported

information linking Perales to large quantities of methamphetamine.

The district court did not clearly err in determining that Perales

was accountable for 16.7 kilog rams of methamphetamine under

U.S.S.G. § 2D1.1. U nited States v. Taylor
, 277 F.3d 721, 724 (5th

Cir. 2001); U nited States v. Alfaro
, 919 F.2d 962, 966 (5th Cir

.
1990).

Perales also argues that, in light of A pprendi v. New

Jersey , 530 U.S. 466 (2000), and Ring v. Arizona
, 536 U.S. 584, 122

S. Ct. 2428 (2002), the district court plainly erred in using a

preponderance-of-the-evidence standard to determine drug quantity.

Because the 235-month sentence imposed did not exceed the 240-month

statutory maximum sentence allowed by 21 U.S.C. § 841(b)(1)(C),

there is no Apprendi violation. S ee United States v. Clinton
, 256

F.3d 311, 3 14 (5th Cir.), c ert. denied
, 122 S. Ct. 492 (2001).

Because the district court’s drug q uantity determination did not

subject Perales to the death penalty, Ring is inapposite to his

case. See Ring , 122 S. Ct. at 2443.

AFFIRMED

.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1443 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1443

  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
             modify State responsibilities under such Act.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2009

  Mr. Inhofe (for himself, Mr. Cornyn, and Mr. Vitter) introduced the 
 following bill; which was read twice and referred to the Committee on 
                        Rules and Administration

_______________________________________________________________________

                                 A BILL

 
  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
             modify State responsibilities under such Act.

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

SECTION 1. MODIFICATION OF STATE RESPONSIBILITIES.

    (a) In General.--Section 102(a)(1) of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)(1)) is amended by 
inserting ``by ensuring that absentee ballots are sent to such voters 
not later than 45 days before the deadline of such State for receiving 
absentee ballots in order to be counted in the election for Federal 
office'' before the semicolon at the end.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to elections for Federal office held on or after November 
1, 2010.
                                 <all>
```
# Fourth Court of Appeals

San Antonio, Texas

October 16, 2015

N o. 04

- 15

- 00640

- CR

Eduardo REYES,

Appellant

v

.

The STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2014CR0808

Honorable Sid L. Harle, Judge Presiding



### O R D E R

The trial court imposed sentence on September 9, 2015. Appellant’s notice of appeal was

due to be filed by October 9, 2015. See T EX

. R. A PP

. P. 26.2(a). On October 13, 2015, Appellant

filed a notice of appeal, and on October 14, 2015, he filed a motion for extension of time to file a

notice of appeal.

Appellant’s motion for extension of time to file the notice of appeal is GRANTED;

Appellant’s notice of appeal is deemed timely filed. See id. R. 26.3.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 16th day of October, 2015

.

___________________________________ Keith E. Hottle

Clerk of Court