alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

John T.Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.

Tex. Gov’t Code Ann. §75.002(a)(1) (Vernon Supp. 2003). 

NO. 07-02-0389-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

JUNE 4, 2003

______________________________

VINCE LEE SIMNACHER, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE COUNTY COURT OF LAMB COUNTY;

NO. 13,563; HONORABLE DANNY BYERS, JUDGE

_______________________________

Before JOHNSON, C.J., CAMPBELL, J., and BOYD, S.J.1

ON ABATEMENT AND REMAND

Appellant Vince Lee Simnacher was convicted of the offense of driving while

intoxicated and, on June 25, 2002, sentence was imposed at 180 days confinement in the
2

Lamb County Jail and a fine of $1,000. Appellant timely perfected his appeal and the

clerk’s record was filed on October 3, 2002. The reporter’s record was also filed on that

date. However, nothing further has been done to perfect the appeal. 

On March 20, 2003, by direction of the court, appellant and his attorney were

notified that no appellate brief had been filed and no motion for extension of time within

which to file the brief had been received by us. They were further notified that if a

satisfactory response was not received by April 1, 2003, the appeal would be abated to the

trial court pursuant to Texas Rule of Appellate Procedure 38.8.

By letter dated March 31, 2003, appellant’s counsel notified this court that his client

had decided to dismiss the appeal and as soon as counsel got the motion to dismiss back

from his client, it would be forwarded to us. However, we have never received such a

motion.

This state of the proceedings requires us to abate the appeal and remand the case

to the County Court of Lamb County to conduct the hearings mandated by Texas Rule of

Appellate Procedure 38.8. Upon remand, the judge of the trial court shall immediately

cause proper notices to be given and conduct a hearing to determine:

1. If appellant still desires to pursue his appeal.

2. If appellant is indigent and the appointment of an attorney is necessary.

3. If it be determined that the appointment of an attorney is necessary, the

name, address, and State Bar of Texas identification number of the attorney

appointed.
3

4. If appellant is not indigent, whether he has failed to make the necessary

arrangements for prosecuting his appeal, and if he has not done so, what

orders are necessary to ensure those arrangements are made.

5. If any other orders are necessary to ensure the diligent and prompt

pursuit of appellant’s appeal.

In support of its determination, the trial court shall prepare and file written findings

of fact and conclusions of law and cause them to be included in a supplemental clerk’s

record. The hearing proceedings shall be transcribed and included in a supplemental

reporter’s record. The supplemental records shall be submitted to this court not later than

July 7, 2003.

It is so ordered.

Per Curiam 

Do not publish.
**Exhibit 32.1****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 of Tier Technologies, Inc., (the“Company”), for the period ended June 30, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), the undersigned, Ronald L. Rossetti, Chief ExecutiveOfficer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that: 1. This Report fully complies with the requirements of Section 13(a) or Section 15(d) ofthe Securities Exchange Act of 1934, as amended.  2. The information contained in this Report fairly presents, in all material respects,the financial condition and results of operations of the Company.     Dated: November 21, 2006 /s/ Ronald L. Rossetti         Ronald L. Rossetti, Chief Executive Officer
March 14, 2006

Ms. Jean A. Webb

Secretary

Commodity Futures Trading Commission

Three Lafayette Center

1155 21* Street, N.W.

Washington, D.C. 20581
Reference File #2650.01
Rule Certification

Dear Ms. Webb:

Pursuant to Commission Regulation 40.6(a), the Chicago Board of Trade (CBOT®) hereby
submits the following:

- Modify procedures for determining the daily settlement prices for all CBOT Dow
Jones Industrial AverageTM Index futures (mini-sized, $10 multiplier and $25
multiplier).

Under the revised procedure, all of the foregoing contracts will be settled daily with reference to
mini-sized Dow futures traded on e-cbot® (the Exchange’s electronic platform), rather than with
teference to $10 Dow futures.

There were no opposing views with respect to this revision.

The CBOT intends to implement this revision as of March 17, 2006. (In the case of the $25 Dow
contract, implementation will be effective concurrently with the March 20, 2006 contract
launch.)

The CBOT certifies that this revision complies with the Commodity Exchange Act and the rules
thereunder.

Sincerely,

Paul J. Draths
Vice President and Secretary

b012406

*"Dow JonesTM, “The DowTM”, “Dow Jones Industrial AverageTM”, and “DJIASTM”, are service marks of Dow Jones & Company,
Inc. and have been licensed for use for certain purposes by the Board of Trade of the City of Chicago, Inc. (“CBOT®TM). The
CBOT’s futures and futures options contracts based on the Dow Jones Industrial AverageTM are not sponsored, endorsed, sold or
promoted by Dow JonesTM, and Dow JonesTM makes no representation regarding the advisability of trading in such product(s).
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-11111 Summary Calendar

THEO WILLIAMS, Plaintiff-Appellant,

versus KENNETH S. APFEL, Commissioner of Social Security, Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:97-CV-1294-X

-------------------- September 22, 2000 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM: * Theo Williams appeals the district court’s judgment dismissing his complaint against the Social Security Commissioner and affirming the Commissioner’s decision that Williams’ disability ceased on January 25, 1994, and that he was therefore not entitled to Disability Insurance Benefits at the close of March, 1994. Williams asserted in the district court and on appeal that (1) the administrative law judge (ALJ), did not give proper weight to the opinion of Dr. Kevin Gill, Williams’No. 99-11111 -2- treating physician, and (2) that the ALJ misinterpreted and/or did not give appropriate weight to the testimony of the vocational expert (V.E.). The ALJ considered Dr. Gill’s report and found no objective medical findings to show that Williams was able to work on or after January 25, 1994. Dr. Richard Friedman opined that Williams had the functional capacity to perform sedentary/light work. This opinion was supported by the reports of Dr. David Webb and Dr. George Sibley. The ALJ also considered the V.E.’s testimony. The V.E. concluded that Williams would be able to perform jobs of routing clerk, route delivery clerk, and electronic accessory assembler despite Williams’ physical limitations. The V.E. further testified that these jobs existed in significant number in the national economy. Accordingly, the ALJ’s decision that Williams’ disability ceased in January 1994 is supported by substantial evidence.
AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                           5,422
<SECURITIES>                                         0
<RECEIVABLES>                                    3,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 8,422
<PP&E>                                       5,201,807
<DEPRECIATION>                                 159,360
<TOTAL-ASSETS>                               5,050,869
<CURRENT-LIABILITIES>                           64,565
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       291,637
<OTHER-SE>                                   4,694,667
<TOTAL-LIABILITY-AND-EQUITY>                 5,050,869
<SALES>                                         37,579
<TOTAL-REVENUES>                               100,245
<CGS>                                                0
<TOTAL-COSTS>                                  167,739
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (67,494)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (67,494)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (67,494)
<EPS-BASIC>                                      (.01)
<EPS-DILUTED>                                    (.01)


</TABLE>
Case 1:07-cv-05344-AKH Document 20 Filed 02/06/2008 Page 1 of 3Case 1:07-cv-05344-AKH Document 20 Filed 02/06/2008 Page 2 of 3Case 1:07-cv-05344-AKH Document 20 Filed 02/06/2008 Page 3 of 3
Case 1:07-cv-04356-AKH Document 18 Filed 07/25/2007 Page 1 of 2
Case 1:07-cv-04356-AKH Document 18 Filed 07/25/2007 Page 2 of 2
```

[Federal Register Volume 66, Number 92 (Friday, May 11, 2001)]
[Notices]
[Page 24153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11808]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Office of Justice Programs

[OJP(OJP)-1313]

Notice of Availability of the Record of Decision for the Final 
Environmental Impact Statement, Center for Domestic Preparedness, Fort 
McClellan, Anniston, Alabama

AGENCY: Office of Justice Programs, Justice.

ACTION: Notice of availability of record of decision.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice, Office of Justice Programs, has 
prepared a Record of Decision (ROD) for the Final Environmental Impact 
Statement for the Center for Domestic Preparedness located at Fort 
McClellan, Anniston, Alabama. This ROD is a statement of the decision 
made, the background of the project, other alternatives considered, the 
basis for the decision, the preferable alternative, measures to 
minimize environmental harm, and public involvement in the decision-
making process.

DATES: The ROD will become effective upon signature by the Assistant 
Attorney General, Office of Justice Programs.

ADDRESSES: Copies of the ROD for the Final Environmental Impact 
Statement, Center for Domestic Preparedness, Fort McClellan, Alabama, 
have been provided to the following locations for public review:
    1. United States Department of Justice, Office of Justice Programs, 
Office of the General Counsel, Room 5411, 810 Seventh Street, NW., 
Washington, DC 20531.
    2. The Center for Domestic Preparedness, P.O. Box 5100, 61 
Parliament Rd., Ft. McClellan, Anniston, AL 36205.
    3. Anniston-Calhoun County Public Library, 108 East Tenth Street, 
Anniston, AL 36202.
    4. Jacksonville Public Library, 200 Pelham Road, North 
Jacksonville, AL 36205.
    5. Cole Library, Jacksonville State University, 700 Pelham Road, 
North Jacksonville, AL 36265-1602.
    6. Oxford Public Library, 213 Chocclocco Street, Oxford, AL 36203.
    7. Talladega Public Library, 202 East South Street, Talladega, AL 
35160.

FOR FURTHER INFORMATION CONTACT: For copies of the ROD or additional 
information, please contact: L.Z. Johnson, Director, Center for 
Domestic Preparedness, P.O. Box 5100, Fort McClellan, Anniston, AL 
36205, (256) 847-2000.

    Dated: April 27, 2001.
Alexa Verveer,
Deputy Assistant Attorney General.
[FR Doc. 01-11808 Filed 5-10-01; 8:45 am]
BILLING CODE 4410-18-P
```
cme @

205 SP -8 PY 23 ‘cago Mercantile Pasange

OFC. GF CRETARIAT

September 8, 2005

Ms. Jean A. Webb

Office of the Secretariat

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21* Street, NW

Washington, DC 20581

RE: Amendments to Rules Governing Market Surveillance in connection with the Usage of
Electronic Devices

Submitted per Sec. 5c(c)(1) of the CEA and Regulation Sec. 40.6(a).
CME Submission # 05-087.

Dear Ms. Webb:

Chicago Mercantile Exchange (“CME” or “Exchange”) hereby certifies with the
Commission the following amendments to the rules governing market surveillance in connection
with the usage of electronic devices. The Exchange certifies that these actions neither violate nor
are inconsistent with any portion of the Commodity Exchange Act or of the rules thereunder.

The Exchange currently permits the usage of wireless headsets on its trading floors for
the purpose of receiving and making business telephone calls. The application for a wireless
headset includes a statement that the signatory understands and consents to the authority of the
Exchange to record the conversations conducted through such devices. The following addition
to the Rule affirms the Exchange’s authority in this regard. The text of the rule amendment is as
follows, with additions underlined and deletions bracketed and overstruck.

507. ELECTRONIC DEVICES
[Sections A. and B. remain unchanged.]
507.C. Electronic Surveillance

The Exchange may intercept and record any electronic communication received or sent
from the trading floor to ensure compliance with Exchange Rules and regulations.
20 South Wacker Drive, Chicago IL 60606-7499, Tel. 312-930-1000



Ms. Jean A. Webb
September 8, 2005
Page 2 of 2

Exchange members, their employees, and all others who are granted access to the
trading floor consent, as a condition of their membership, employment, or access to the
floor, to the interception, recording, and use of any such communication.

[The remainder of Chapter 5 remains unchanged}
Please do not hesitate to contact Mr. Timothy McDermott at 312-648-5433 or

tmcdermo@cme.com if any questions arise during the processing of this submission. Please
reference our CME Submission #05-087 on all future correspondence for this submission.

Sincerely,

A, bel bx

John W. Labuszewski, Managing Director
Research & Product Development
TENTH SUPREME JUDICIAL DISTRICT OF TEXAS

BRANDON BERNARD BATTLE §

 Appellant §

§ NO. 06-15-00133-CR

VS. § 

§

THE STATE OF TEXAS §

 Appellee §

STATE’S MOTION FOR EXTENSION OF TIME 

TO FILE A BRIEF

TO THE HONORABLE COURT OF APPEALS:

Now comes the State of Texas, by and through the District Attorney for the

220 Judicial District, and presents this motion for an extension of time to file the th

State’s Brief, pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d). 

The Appellant’s Brief was filed on or about November 19, 2015. Appellee’s

Brief in this case is due on December 21, 2015.

The State is requesting an extension of 45 days from December 21, 2015.

State’s Brief would be due on February 4, 2016. 

Since November 19, 2015, the undersigned has had the following events:

1. Jury trial in Bosque County in the State of Texas vs. Julio Cesar Velasquez,

Cause Number CR14977 on November 16-17, 2015. 

2. Court appearances in Bosque County on November 23, 2015, Comanche

County on November 24, 2015 and Hamilton County on November 25, 2015.

 3. Court appearances in Bosque County on November 30, 2015 and Comanche

ACCEPTED

06-15-00133-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

12/18/2015 8:31:03 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 12/18/2015 8:31:03 AM DEBBIE AUTREY Clerk
County on December 1, 2015.

4. Comanche County plea deadline date on December 1, 2015.

5. Court appearance in Comanche County on December 8, 2015.

6. Preparation for Hamilton Grand Jury December 7-11, 2015.

7. Court appearances in Bosque County on December 14, 2015, Comanche

County on December 15, 2015 and Hamilton County on December 17, 2015.

8. Hamilton County Grand Jury December 17, 2015.

Wherefore, premises considered, the State respectfully requests that the Court

grant this motion and accept the brief accompanying this motion.

Respectfully submitted,

__/s/s Shaun Carpenter__________________

B. J. Shepherd

District Attorney

State Bar No. 18219500

Adam Sibley

Assistant District Attorney

State Bar No.24066345

Shaun Carpenter

Assistant District Attorney

State Bar No.24084254

220 Judicial District th

P. O. Box 368

111 So. Main

Meridian, Texas 76665

(254) 435-2993

Fax: (254) 435-2952

 Attorneys for the State
CERTIFICATE OF SERVICE

A true copy of the State’s Motion for Extension of Time to File Brief has been

sent to Attorney for Appellant on December 18, 2015.

_/s/ShaunCarpenter_______________

B.J. Shepherd

District Attorney

Adam Sibley

1 Assistant District Attorney

st

Shaun Carpenter

Assistant District Attorney

CERTIFICATE OF COMPLIANCE WITH RULE 9.4

1. This motion complies with the type-volume limitation of Tex. R. App. P. 9.4(I)

because the brief contains 662 words.

2. This motion complies with the typeface requirements of Tex. R. App. P. 9.4(e)

and the type style requirements of Tex. R. App. P 9.4(e) because the motion

has been prepared in a proportionally spaced typeface using Word Perfect in

Times New Roman, size 14 font.

__/s/s Shaun Carpenter________________

B.J. Shepherd / Adam Sibley/Shaun Carpenter

Attorneys for the State

Dated: December 18, 2015
EXHIBIT 32.1

Certification of Principal Executive Officer  And Principal Financial Officer  Statement Pursuant to 18 U.S.C. 1350 as  Required by Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Optelecom-NKF, Inc. on Form 10-K for the year ended December 31, 2007 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned hereby certifies that to the best of our knowledge:



/s/
Edmund Ludwig

---

Edmund Ludwig

March 27,
2008

/s/
Steven Tamburo

---

Steven Tamburo

March 27,
2008

A
signed original of this written statement required by Section 906 has been provided to Optelecom-NKF, Inc. and will be retained by
Optelecom-NKF, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

---



QuickLinks
<PAGE>

                                                             EXHIBIT 21
                                  SPIEGEL, INC.

                             LISTING OF SUBSIDIARIES
                                December 30, 1995

<TABLE>
<CAPTION>

Name of Corporation                                        Incorporated In
-----------------------------------------------           -----------------
<S>                                                        <C>
Cara Corporation                                             Illinois

Catalog 1, Inc.                                              Delaware

Distribution Fulfillment Services, Inc.                      Delaware

Eddie Bauer, Inc.                                            Delaware

Eddie Bauer of Canada, Inc. (1)                               Canada

Eddie Bauer International, Inc. (1)                          Delaware

Equity Cash Benefit Insurance Agency, Inc.                   Illinois

Equity Cash Benefit Insurance Agency, Inc.                    Nevada

First Consumers National Bank                             Federal Charter

For You, Inc.                                                Delaware

Hampton Realty Acquisition Corporation (2)                   Delaware

Kids Stores, Inc.                                            Delaware

Newport News, Inc. (formerly New Hampton, Inc.)              Delaware

S.I. Reinsurance Limited                                     Turks & Caicos

Spiegel Acceptance Corporation                               Delaware

Spiegel Credit Corporation                                   Delaware

Spiegel Credit Corporation II                                Delaware

Spiegel Credit Corporation III                               Delaware
                                                                 
Spiegel International, Inc.                                  Delaware

Spiegel Management Group, Inc.                               Delaware

Spiegel of Philadelphia, Inc.                              Pennsylvania

Spiegel Properties Inc.                                      Delaware

Spiegel Publishing Company                                   Illinois

Spiegel Teleservice, Inc.                                    Illinois

Spiegel Teleservice, Inc.                                     Nevada

Together Retail U.S.A., Inc.                                 Delaware

Ultimate Outlet Inc.                                         Delaware

</TABLE>

(1)  Wholly-owned subsidiary of Eddie Bauer, Inc., a wholly-owned subsidiary of
     Spiegel, Inc.

(2)  Wholly-owned subsidiary of Newport News, Inc., a wholly-owned subsidiary
     of Spiegel, Inc.

                                         53
<TABLE> <S> <C>

<ARTICLE>                5


<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>               JUN-30-2000
<PERIOD-START>                  JUL-01-1999
<PERIOD-END>                    JUN-30-2000
<CASH>                          0
<SECURITIES>                    0
<RECEIVABLES>                   0
<ALLOWANCES>                    0
<INVENTORY>                     0
<CURRENT-ASSETS>                0
<PP&E>                          0
<DEPRECIATION>                  0
<TOTAL-ASSETS>                  0
<CURRENT-LIABILITIES>           0
<BONDS>                         0
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<COMMON>                        50,773
<OTHER-SE>                      (50,773)
<TOTAL-LIABILITY-AND-EQUITY>    0
<SALES>                         0
<TOTAL-REVENUES>                0
<CGS>                           0
<TOTAL-COSTS>                   0
<OTHER-EXPENSES>                87,342
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              0
<INCOME-PRETAX>                 (87,342)
<INCOME-TAX>                    0
<INCOME-CONTINUING>             (87,342)
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    (87,342)
<EPS-BASIC>                   (.00)
<EPS-DILUTED>                   (.00)



</TABLE>
**Exhibit
        32.2**
  **CFO
        CERTIFICATION PURSUANT TO**
 **18
        U.S.C. SECTION 1350*,**
 
 In
        connection with the Quarterly Report of Guaranty Federal Bancshares, Inc.
        (the
“Company”) on Form 10-Q for the quarter ended March 31, 2007 as filed with
        the Securities and Exchange Commission on the date hereof (the “Report”), I,
        Carter Peters, Chief Financial Officer of the Company, 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.
 
 /s/  Carter
        Peters
 Carter
        Peters
 Chief
        Financial Officer
 (Principal
        Financial Officer)
 
 May
        15, 2007
 
 *  A
        signed original of this written statement required by Section 906 has been
        provided to the Company and will be retained by the Company and furnished
        to the
        Securities and Exchange Commission or its staff upon request.