alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-02-0187-CR

NO. 07-02-0188-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

JULY 25, 2002

______________________________

DAVID RUSSELL HALE, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;

NOS. 44,828-A, 33,491-A; HONORABLE DAVID L. GLEASON, JUDGE

_______________________________

Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

Appellant David Russell Hale attempted to file notices of appeal pro se in the

referenced matters. Because there was confusion surrounding which orders he was

appealing and no clerk’s or reporter’s records had been received, we abated and

remanded the appeals to the trial court for a determination as to whether appellant had

abandoned his appeals. We have now received a transcript of the hearing held by the trial
2

court in which appellant stated on the record that he no longer wished to pursue those

appeals. We have also received findings of fact and conclusions of law signed by the trial

court in which it has been found that appellant has abandoned his appeals. 

An appeal may be voluntarily dismissed in a criminal case if the party withdraws his

notice of appeal by filing a written withdrawal personally signed by him with this court. Tex.

R. App. P. 42.2(a). However, we have the authority, pursuant to Rule 2 of the Rules of

Appellate Procedure, to suspend the operation of Rule 42.2(a) for this appeal only, and find

that appellant has voluntarily dismissed his appeals by virtue of his testimony during the

hearing, despite his lack of compliance with that rule. See Conners v. State, 966 S.W.2d

108, 110-11 (Tex.App.--Houston [1st Dist.] 1998, pet. ref’d). Therefore, because the record

shows appellant no longer wishes to pursue his appeals, they are hereby dismissed. 

Having dismissed these appeals as requested by appellant, no motions for

rehearing will be entertained and our mandates will issue forthwith. 

John T. Boyd

 Chief Justice

Do not publish.
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-4206

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota. William James Hayes, * * [UNPUBLISHED] Appellant. *

___________ Submitted: January 21, 1999 Filed: January 28, 1999

___________ Before FAGG, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________ PER CURIAM. Wil liam James Hayes pleaded guilty to conspiracy to distribute and to possess with intent to distribute crack coca ine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. On appeal, counsel filed a brief pursuant to Ander s v. California , 386 U.S. 738 (1967), suggesting that the di strict court erred in overruling Hayes & s objection to the inclusion in his criminal history score of a prior conviction for automobile theft for which Hayes had received 30 days “confinement,” as there w as no indication he was represented by counsel in that prior proceeding. We granted Hayes permission to file a pro s e supplemental brief, but he has not done so.The Honorable John R. Tunheim, United States District Judge for the District 1 of Minnesota. -2- Ha yes & s recommended Guidelines sentencing range was 77-96 month s imprisonment. At senten cing, the district court granted the government & s downward- 1 departure motion under U.S. SentencingGuidelines Manual. § 5K1.1, p.s. (1998), and 18 U.S.C. § 3553(e), and sentenced Hayes to 48 months imprisonment and 4 year s supervised release. Because Hayes & s sentence represents a downward departure from the Guidelines sentencing range that would have resulted if he had prevailed on hi s crimi nal-history-score objection, we conclude his sentence is unreviewable. Se e UnitedStates v. Baker , 64 F.3d 439, 441 (8th Cir. 1995) (sentence is not reviewable where district court departs below applicable Guidelines sentencing range with o r without challenged enhan cement); cf. United States v. Albers , 961 F.2d 710, 712 (8th Cir. 1992) (“only the government may appeal a sentenc e if the sentence is less than the sentence specified in the guideline range”).
In accordance with P enson v. Ohio , 488 U.S. 75, 80 (1988), we have reviewed the record to look for any nonfrivolous issues and have found none. Accordingly, we affirm. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         794,885
<SECURITIES>                                         0
<RECEIVABLES>                                  288,905
<ALLOWANCES>                                         0
<INVENTORY>                                  2,843,053
<CURRENT-ASSETS>                             4,145,454
<PP&E>                                       6,886,471
<DEPRECIATION>                             (1,465,455)
<TOTAL-ASSETS>                              10,263,705
<CURRENT-LIABILITIES>                        1,449,291
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     5,369,868
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                10,263,705
<SALES>                                      4,235,020
<TOTAL-REVENUES>                             4,235,020
<CGS>                                        1,853,791
<TOTAL-COSTS>                                1,853,791
<OTHER-EXPENSES>                             1,951,120
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             214,380
<INCOME-PRETAX>                                269,115
<INCOME-TAX>                                    98,685
<INCOME-CONTINUING>                            170,430
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   170,430
<EPS-PRIMARY>                                      .05
<EPS-DILUTED>                                      .05


</TABLE>
No. 09-9081.

#### Delbert McNeil, Jr., Petitioner v. Bruce Howard, Warden, et al.

559 U.S. 1075, 130 S. Ct. 2105,

176 L. Ed. 2d 735,

2010 U.S. LEXIS 3314.

April 19, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Tenth Circuit denied.

Same case below, 348 Fed. Appx. 409.
Exhibit 31.1

              SECTION 302 CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Lance C. Jacobs, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of TCI Solutions, Inc.;

2. Based on my knowledge, this 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 report;

3. Based on my knowledge, the financial statements, 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 small business
issuer as of, and for, the periods presented in this 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-15(e) and 15d-15(e)) for the small business issuer and
have:

        a) Designed such disclosure controls and procedures, or caused such
        disclosure controls and procedures to be designed under our supervision,
        to ensure that material information relating to the small business
        issuer, including its consolidated subsidiaries, is made known to us by
        others within those entities, particularly during the period in which
        this report is being prepared;

        b) Evaluated the effectiveness of the small business issuer's disclosure
        controls and procedures and presented in this report our conclusions
        about the effectiveness of the disclosure controls and procedures, as of
        the end of the period covered by this report based on such evaluation;
        and

        c) Disclosed in this report any change in the small business issuer's
        internal control over financial reporting that occurred during the small
        business issuer's most recent fiscal quarter (the small business
        issuer's fourth fiscal quarter in the case of an annual report) that has
        materially affected, or is reasonably likely to materially affect, the
        small business issuer's internal control over financial reporting.

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

        a) all significant deficiencies and material weaknesses in the design or
        operation of internal controls over financial reporting which are
        reasonably likely to adversely affect the small business issuer's
        ability to record, process, summarize and report financial information;
        and

        b) any fraud, whether or not material, that involves management or other
        employees who have a significant role in the small business issuer's
        internal control over financial reporting.

Date: August 13, 2003

/s/ Lance C. Jacobs
--------------------
Lance C. Jacobs
Chief Executive Officer
exv10w28









Exhibit 10.28




SECOND AMENDMENT OF LEASE




     THIS AGREEMENT, made as of the 6th day of January, 1986, by and between 401 PARK
AVENUE SOUTH ASSOCIATES, (hereinafter referred to as “Landlord”)   and HEALTH MANAGEMENT SYSTEMS,
INC. (hereinafter referred to as “Tenant”).



W I T N E S S E TH




      WHEREAS, Landlord and Tenant entered into an Agreement of Lease dated SEPTEMBER 24,
1981, as amended and modified by an Amendment of Lease dated September 24th 1982, (the
“Lease”), covering certain premises known as a portion of the 4th floor in the building
known as 401 PARK AVENUE SOUTH in the City, County and State of New York; and



     WHEREAS, the parties hereto desire to amend the Lease as follows:




	 	1.	 	The date of the expiration of the term of the Lease
is changed from November 30, 1992 to November 30, 1991.
	 
	 	2.	 	The words “...within five (5)  days...” contained in
Article 48 of the Lease are changed to “...within three (3)  days...”.
	 
	 	3.	 	Except as heretofore and hereby amended, all of the
terms, conditions and covenants in the Lease, including, without
limitation, the provisions of the Lease relating to additional rent shall
remain in full force and effect.





     IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and
year first above written.



	 	 	 	 	 	 
	 	401 PARK AVENUE SOUTH ASSOCIATES

 	 
	 	BY: 	/s/ Stephen J. Meringoff
 	 
	 		 	 
	 	HEALTH MANAGEMENT SYSTEMS, INC.

 	 
	 	BY: 	/s/ Illegible
Schedule of Named Executive Officers Party to Change of Control Employment Agmt.



 Exhibit 10.28 
 Schedule of Named Executive Officers Party to 
 Change of Control
Employment Agreement (BE4 and Higher Version) 
 (As of December 31, 2010) 

Ralph W. Babb, Jr., Chairman, President and Chief Executive Officer (agreement dated as of December 14, 2008) 

Elizabeth S. Acton, Executive Vice President and Chief Financial Officer (agreement dated as of December 18, 2008) 

Mary Constance Beck, Executive Vice President, Retail Bank (agreement dated as of December 18, 2008) 

Curtis C. Farmer, Executive Vice President, Wealth and Institutional Management (agreement dated as of December 18, 2008) 

Dale E. Greene, Executive Vice President, The Business Bank (agreement dated as of December 18, 2008)
SERVED: JUNE 13 2012 . ' 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

BADGER HELICOPTERS, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

DMS No. FAA-2012-0201 

ORDER EXTENDING 

DISCOVERY DEADLINE 

! 3 r:;. 2: 2 3 

Complainant Federal Aviation Administration ("Complainant"), by motion dated 

June 2, 2012, has requested"that the deadline for the completion of discovery~ set by the 

Procedural Order of April2, 2012, be extended from its original deadline of June 1, 2012, 

to July 13, 2012. In support, it states that discovery hinges on its determination of what 

matters Respondent Badger Helicopters, Inc. ("Respondent") disputes, and it did not 

know that until Respondent's Answer to its Complaint was accepted on June 1, weeks 

after the Answer's original due date. 

Respondent has not answered Complainant's motion. 

Complainant motion is hereby GRANTED. Paragraph 2 of the Procedural Order 

is amended to set the deadline for completion of discovery at July 13, 2012. 
2 

Richard 

fh~c.~~ C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
.. 

.. 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2WI0001 

Michael Jacob, President 

Badger Helicopters, Inc., Respondent 

· 24564 Hwy 16/385 

Custer, SD 57730 

ONE COPY 

Agnes M. Rodriguez, Complainant's Counsel 

Senior Attorney, Office of the Chief Counsel 

Enforcement Division, AGC-300 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

TEL: 202-267-7268 

FAX: 202-267-5106 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, SfE, Room Ell-310 

Washington, DC 20590 

TEL: Attorney-Advisor: 202-366-2139 

Staff Assistant 202-366-5121 

FAX: 202-366-7536 

FDMS No. FAA-2012-0201 

(Civil Penalty Action) 

1 

Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building-Suite 2WIOOO, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
In addition, a custody receipt for the CDs is also enclosed (Enclosure 2). Please sign and date the form to 

acknowledge receipt of the CDs and return a copy of the form to the address shown above. 

If you have any questions on this matter, please contact Sharon Nizich at 919541 2825, or by email to 

nizich.sharon@epa.gov. 

Enclosure 

Sincerely, 

Keith Barnett 

Group Leader 

Minerals and Manufacturing Group 

Sector Policies and Programs Division 
COpy 1 

CAA CBI CUSTODY RECEIPT 

US Environmental Protection Agency 

Office of Air Quality Planning and Standards 

CSI Office (M D C-404-02) 

Research Triangle Park, NC 27711 

TO: Mr. Robert Hurt, Director 

Dal Tile & Dal Italia 

Muskogee Porcelain Ceramic 

3801 Dal-Tile Road 

Muskogee, Oklahoma 74401 

INSTRUCTIONS: 

Date: 4/16/2013 Sent Via: Registered Mail 

Receipt: R{)1~4~lS~4q Project No: -=97-'--'-IO=8'-'-'A'-----_ _ 

Project: Brick & Structural Clay Products Manufacturin 

Contact: Sharon Nizich 

FROM: Document Control Officer 

Mr. Roberto Morales, DCO 

Environmental Protection Agency 

OAQPS/CORE 

MD-C404-02 

Research Triangle Park, NC 27711 

1. Original of this receipt to be signed by recipient and returned to sender. 

2. Duplicate of this receipt to be retained by recipient. 

CSI CONTROL NO. COPY NO. DESCRIPTION OF MATERIAL 

08358-105-05 Tile, Dallas, TX -- (e) Muskogee Stack Test Production 1 CD dtd 

4/8/13; (f) EI Paso Stack Test Production 1 CD dtd 4/8/13.0CAAlnv 

(2 CDs elf) 

I have personally received material, enclosures, and attachments as identified above. I assume full 

responsibility for the safe handling, storage, and transmittal of this material in accordance with existing 

Confidential Business Information regulations. 

DATE RECEIVED: at 12.'2.1 ~o 13 SIGNATURE OF RECIPIENT: 

eAA FORM 14 (Rev. 01/01)
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 Annual Report of Imagenetix, Inc. (the
"Company") on Form 10-KSB for the period ending March 31, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
We, William P. Spencer, Chief Executive Officer and President and Debra L.
Spencer, Secretary and Treasurer of the Company, 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 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 result of operations of the
Company.


Date: 7/15/04                            /s/William P. Spencer
     ----------                          ---------------------
                                         William P. Spencer
                                         Chief Executive Officer, President
                                         and director


Date: 7/15/04                            /s/Debra L. Spencer
     ----------                          ---------------------
                                         Debra L. Spencer
                                         Secretary, Treasurer and director
<PAGE>
                                                                    EXHIBIT 99.B


                            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 on Form 10-Q for the period
ending March 31, 2003, of Cedar Brakes II, L.L.C. (the "Company") as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, John L. Harrison, Senior Vice President, Chief Financial Officer and
Treasurer, certify (i) that the Report fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and
(ii) that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.


                                             /s/ John L. Harrison
                                             -----------------------------------
                                             John L. Harrison
                                             Senior Vice President,
                                             Chief Financial Officer,
                                             Treasurer and Class A Manager
                                             (Principal Financial Officer)

                                             May 15, 2003


A signed original of this written statement required by Section 906 has been
provided to Cedar Brakes II, L.L.C. and will be retained by Cedar Brakes II,
L.L.C. and furnished to the Securities and Exchange Commission or its staff upon
request.
<PAGE>
                                                                EXHIBIT 23.1





                           INDEPENDENT AUDITOR'S CONSENT



We hereby consent to the use of our reports dated March 13, 1998, 
accompanying the consolidated financial statements of Renaissance 
Entertainment Corporation as of December 31, 1997 and 1996, and March 31, 
1996, included in the Company's Annual Report on Form 10-K and to the 
incorporation by reference of the aforementioned financial statements in 
Registration Statement No. 33-90044 for the 1993 Stock Incentive Plan, 
Registration Statement No. 33-97388 also for the 1993 Stock Incentive Plan, 
and Registration Statement No. 333-17167 for the 1996 Consultant Compensation 
Agreements.


/s/ Schumacher & Associates, Inc.
---------------------------------
    Schumacher & Associates, Inc.



April 14, 1998
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from
the balance sheet of CNL Income Fund VI, Ltd. at December 31, 1996,
and its statement of income for the year then ended and is qualified
in its entirety by reference to the Form 10-K of CNL Income Fund VI,
Ltd. for the year ended December 31, 1996.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       2,105,686
<SECURITIES>                                         0
<RECEIVABLES>                                  290,875
<ALLOWANCES>                                   115,892
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                      24,270,505
<DEPRECIATION>                               3,165,150
<TOTAL-ASSETS>                              30,129,286
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  29,044,367
<TOTAL-LIABILITY-AND-EQUITY>                30,129,286
<SALES>                                              0
<TOTAL-REVENUES>                             3,492,794
<CGS>                                                0
<TOTAL-COSTS>                                  683,163
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              2,803,601
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          2,803,601
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,803,601
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Due to the nature of its industry, CNL Income Fund VI, LTD. has an
unclassified balance sheet; therefore, no values are shown above
for current assets and current liabilities.
</FN>


</TABLE>