alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 19-6829

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

IJAZ KHAN,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Alexandria. Leonie M. Brinkema, District Judge. (1:16-cr-00130-LMB-1; 1:18-cv-01408-

LMB)

Submitted: October 15, 2019 Decided: October 18, 2019

Before GREGORY, Chief Judge, and THACKER and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ijaz Khan, Appellant Pro Se. Lauren Roscoe Snook, Special Assistant United States

Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM: 

Ijaz Khan appeals the district court’s order construing his Fed. R. Civ. P. 60(b) 

motion for relief from judgment as an unauthorized successive 28 U.S.C. § 2255 (2012) 

motion and dismissing it for lack of jurisdiction. Our review of the record confirms that 

the district court properly construed Khan’s Rule 60(b) motion as a successive § 2255 

motion over which it lacked jurisdiction because Khan failed to obtain prefiling 

authorization from this court. See 28 U.S.C. §§ 2244(b)(3)(A), 2255(h) (2012); United 

States v. McRae, 793 F.3d 392, 397-400 (4th Cir. 2015). Accordingly, we affirm the district 

court’s order.*

Consistent with our decision in United States v. Winestock, 340 F.3d 200, 208 (4th 

Cir. 2003), we construe Khan’s notice of appeal and informal brief as an application to file 

a second or successive § 2255 motion. Upon review, we find that Khan’s claims do not 

meet the relevant standard. See 28 U.S.C. § 2255(h). We therefore deny authorization to 

file a successive § 2255 motion. 

We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

AFFIRMED

 * We deny as unnecessary a certificate of appealability. McRae, 793 F.3d at 400.
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<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                      JAN-31-2000
<PERIOD-END>                           OCT-31-1999
<CASH>                                     258,123
<SECURITIES>                                     0
<RECEIVABLES>                            9,197,085
<ALLOWANCES>                            (2,731,680)
<INVENTORY>                              7,825,763
<CURRENT-ASSETS>                        17,085,112
<PP&E>                                   6,365,142
<DEPRECIATION>                          (4,523,205)
<TOTAL-ASSETS>                          20,160,797
<CURRENT-LIABILITIES>                   10,948,917
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                    87,190
<OTHER-SE>                               7,062,435
<TOTAL-LIABILITY-AND-EQUITY>            20,160,797
<SALES>                                 41,040,770
<TOTAL-REVENUES>                        41,040,770
<CGS>                                   29,687,767
<TOTAL-COSTS>                            8,644,167
<OTHER-EXPENSES>                            82,082
<LOSS-PROVISION>                            45,359
<INTEREST-EXPENSE>                         486,228
<INCOME-PRETAX>                          2,304,690
<INCOME-TAX>                               901,350
<INCOME-CONTINUING>                      1,403,340
<DISCONTINUED>                                   0
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<NET-INCOME>                             1,403,340
<EPS-BASIC>                                (0.19)
<EPS-DILUTED>                                (0.18)


</TABLE>
<PAGE>   1

                                                                    EXHIBIT 23.1


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


The Board of Directors and Stockholders
InnerDyne, Inc.:

         We consent to incorporation by reference in Registration Statements No.
33-49628, 33-80022, 33-80032 and 333-07859 on Forms S-8 and Registration
Statements No. 33-96266 and 333-12801 on Forms S-3 of InnerDyne, Inc. of our
report dated January 30, 1998, relating to the balance sheets of InnerDyne, Inc.
as of December 31, 1997 and 1996, and the related statements of operations,
stockholder's equity and cash flows, for each of the years in the three-year
period ended December 31, 1997, which report appears in this Form 10-K of
InnerDyne, Inc.


                                             /s/ KPMG Peat Marwick LLP


San Francisco, California
March 24, 1998
**Exhibit 31.1**

**CERTIFICATIONS PURSUANT TOSECTION 302 OFTHE SARBANES-OXLEY ACT OF 2002**

I, James S.Osterman, certify that:

1.      I havereviewed this annual report on Form 10-K for the period ended December 31,2004 of Blount International, Inc.

2.      Based onmy knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.      Based onmy knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.      Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

(a)   Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

(b)   Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

(c)   Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

5.      Theregistrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors:

(a)   Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and

(b)   Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal controls.
| Date: March 7, 2005 |
|--------------------------|
| /s/ James S. Osterman    |   |
| James S. Osterman        |
| President and            |
| Chief Executive Officer  |

 

----
#### The People of the State of New York, Respondent, v James Maybee, Appellant.

—Judgment unanimously affirmed. Counsel’s application to withdraw granted *(see, People v Crawford,*71 AD2d 38). (Appeal from judgment of Erie County Court, La Mendola, J.—driving while intoxicated, two counts, and driving while license revoked, two counts.) Present— Doerr, J. P., Boomer, Green, O’Donnell and Pine, JJ.
Appeal Dismissed and Memorandum Opinion filed June 23, 2022.

In The

Fourteenth Court of Appeals

NO. 14-22-00268-CR

PHILLIP JAMES MOORE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause No. 1360768A

MEMORANDUM OPINION

Appellant filed a pro se notice of appeal complaining of the trial court’s 

findings of fact and conclusions of law, signed March 23, 2022.

Generally, an appellate court only has jurisdiction to consider an appeal by a 

criminal defendant where there has been a final judgment of conviction. Workman 

v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 

S.W.2d 160, 161 (Tex. App.--Fort Worth 1996, no pet.). The record before this 

contains no final judgment of conviction or other appealable order. Because this 
2

appeal does not fall within the exceptions to the general rule that appeal may be 

taken only from a final judgment of conviction, we have no jurisdiction. 

On May 16, 2022, this court notified the parties that the appeal would be 

dismissed for lack of jurisdiction unless a party demonstrated that the court has 

jurisdiction within 21 days. No response has been filed. 

We dismiss the appeal. 

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Wise and Jewell.

Do Not Publish — Tex. R. App. P. 47.2(b)
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FINANCIAL STATEMENTS FOR THE PERIOD ENDED DECEMBER 31, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                         966,542   
<SECURITIES>                                   0         
<RECEIVABLES>                                  1,220,962 
<ALLOWANCES>                                   40,000    
<INVENTORY>                                    2,944,166 
<CURRENT-ASSETS>                               5,267,406 
<PP&E>                                         2,718,064 
<DEPRECIATION>                                 819,575   
<TOTAL-ASSETS>                                 7,720,446 
<CURRENT-LIABILITIES>                          3,057,274 
<BONDS>                                        1,055,195 
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       4,599
<OTHER-SE>                                     3,335,825
<TOTAL-LIABILITY-AND-EQUITY>                   7,720,446
<SALES>                                        13,838,058
<TOTAL-REVENUES>                               13,838,058
<CGS>                                          6,513,563
<TOTAL-COSTS>                                  6,513,563
<OTHER-EXPENSES>                               7,241,752
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             227,557
<INCOME-PRETAX>                                (144,814)
<INCOME-TAX>                                   237,995
<INCOME-CONTINUING>                            (382,809)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (382,809)
<EPS-PRIMARY>                                  (.08)
<EPS-DILUTED>                                  (.08)
        


</TABLE>
<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>                                         840,309
<SECURITIES>                                         0
<RECEIVABLES>                                2,218,372
<ALLOWANCES>                                   140,879
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,917,802
<PP&E>                                      98,093,791
<DEPRECIATION>                              48,820,169
<TOTAL-ASSETS>                             105,915,409
<CURRENT-LIABILITIES>                       60,739,218
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  41,212,312
<TOTAL-LIABILITY-AND-EQUITY>               105,915,409
<SALES>                                              0
<TOTAL-REVENUES>                            37,768,924
<CGS>                                                0
<TOTAL-COSTS>                               38,864,185
<OTHER-EXPENSES>                               101,084
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           4,088,951
<INCOME-PRETAX>                            (4,470,102)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (4,470,102)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
##### 



Exhibit 32 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, In connection with the Quarterly Report on Form 10-Q of Eclipsys
Corporation (the Company) for the period ended March 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the Report), the
undersigned, Paul L. Ruflin, Chief Executive Officer of the Company, and Robert
J. Colletti, Chief Financial Officer of the Company, each hereby certifies,
pursuant to 18 U.S.C. Section 1350, 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 A signed original of the written statement required by Section 906 has
been provided by the Company and will be retained by the Company and furnished
to the Securities and Exchange Commission or its staff upon request. Dated: May 10, 2004
    
    /s/ Paul L. RuflinPaul L. RuflinChief Executive OfficerDated: May 10, 2004
    
    /s/ Robert J. CollettiRobert J. CollettiChief Financial Officer
 29
<PAGE>


                                                                    Exhibit 32.1

                                WRITTEN STATEMENT
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350

    The undersigned, Steven G. Murdock, the Chief Executive Officer of Meade
Instruments Corp. (the "Company"), pursuant to 18 U.S.C.ss.1350, hereby
certifies that:

    (i) the Form 10-Q/A for the fiscal quarter ended May 31, 2004 of the Company
(the "Report") fully complies with the requirements of section 13(a) and 15(d)
of the Securities Exchange Act of 1934; and

    (ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Date: July 21, 2004

By: /s/ Steven G. Murdock
    --------------------------

This certification accompanies this Report on Form 10-Q/A pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent
required by such Act, be deemed filed by the Company for purposes of Section 18
of the Security Exchange Act of 1934, as amended.
[Community Alliance letterhead]

August 17, 2008

Ms. Heather Siebert
CTN Enterprises
4979 Parker Avenue, Suite B
St. Louis, Missouri 63139

Dear Heather,

This letter is to confirm our understanding that Community Alliance,
Inc. is canceling the License Agreement between CTN Enterprises and
Community Alliance, Inc.

The reason for canceling the License Agreement is because of non-
payment of the License Fee as per the Agreement.

We are sorry that the partnership of CTN broke up, putting CTN in a
position of not being able to continue with the school folder program.

We do appreciate that you are attempting to locate another possible
licensee in your territory.

If you do, we will work an arrangement that will be beneficial to you..

Sincerely,

/s/Phil Ray
-------------------------------
Phil Ray