alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals

San Antonio, Texas

July 20, 2018

No. 04

- 18

- 00459

- CR

Victor RIGGAN

, Appellant

v.

The STATE of Texas, Appellee

From the County Court at Law, Kerr County, Texas

Trial Court No. CR171327 Honorable Susan Harris, Judge Presiding



### O R D E R

The court reporter responsible for preparing the reporter’s record in this appeal has filed a notification of late record, stating that the appellant has failed to pay or make arrangements to pay the fee for preparin g the reporter’s record.

We, therefore, ORDER appellant to provide written proof to this court on or before July 30, 2018 that either (1) the reporter’s fee has been paid or arrangements have been made to pay the reporter’s fee; or (2) appellant is entit led to appeal without paying the reporter’s fee. If appellant fails to respond on or before July 30, 2018 , appellant’s brief will be due within thirty days from the date of this order, and the court will only consider those issues or points raised in appel lant’s brief that do not require a reporter’s record for a decision. See T EX

. R. A PP

. P. 37.3(c).

_________________________________ Irene Rios , Justice

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

court on this 20th day of July, 2018

.___________________________________ K eith E. H ottle

Clerk of Court
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM DECEMBER 31,
1996 FORM 10-K AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          49,914
<SECURITIES>                                         0
<RECEIVABLES>                                   66,430
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               123,036
<PP&E>                                          19,236
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 721,658
<CURRENT-LIABILITIES>                          106,110
<BONDS>                                        118,334
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     328,264
<TOTAL-LIABILITY-AND-EQUITY>                   721,658
<SALES>                                              0
<TOTAL-REVENUES>                               392,651
<CGS>                                                0
<TOTAL-COSTS>                                  310,842
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,728
<INCOME-PRETAX>                                 73,081
<INCOME-TAX>                                     2,857
<INCOME-CONTINUING>                             70,224
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    70,224
<EPS-PRIMARY>                                     1.96
<EPS-DILUTED>                                     1.85
        

</TABLE>
PD-0881-15COURT OF CRIMINAL APPEALSAUSTIN, TEXASTransmitted 7/22/2015 5:30:45 PMAccepted 7/24/2015 10:11:26 AMABEL ACOSTACLERK
<TABLE> <S> <C>


<ARTICLE>                     5

<CIK>  0000811664                       
<NAME>  WORLDCORP, INC             
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. DOLLARS
       
<S>                                            <C>
<PERIOD-TYPE>                                  YEAR
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   DEC-31-1997
<EXCHANGE-RATE>                                1
<CASH>                                         4,659
<SECURITIES>                                   0
<RECEIVABLES>                                  214
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               4,930
<PP&E>                                         3,287
<DEPRECIATION>                                 3,026
<TOTAL-ASSETS>                                 16,832
<CURRENT-LIABILITIES>                          11,599
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       16,643
<OTHER-SE>                                     (76,573)
<TOTAL-LIABILITY-AND-EQUITY>                   16,832
<SALES>                                        0
<TOTAL-REVENUES>                               216,092
<CGS>                                          0
<TOTAL-COSTS>                                  203,393
<OTHER-EXPENSES>                               26,699
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             9,575
<INCOME-PRETAX>                                (18,778)
<INCOME-TAX>                                   350
<INCOME-CONTINUING>                            (19,128)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (19,128)
<EPS-PRIMARY>                                  (1.29)
<EPS-DILUTED>                                  0
        


</TABLE>
# table99_q12.2_size
##### 



Exhibit 31.1
 CERTIFICATION PURSUANT TO 17 CFR 240.13(a)-14(a)
(SECTION 302 CERTIFICATION)
  1.
    
    I have reviewed this quarterly report on Form 10-QSB in accordance with Rule 15(d)-2 of the
Securities Exchange Act of 1934 of Western Iowa Energy, LLC;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 Western Iowa Energy, LLC, as of, and for, the periods presented
in this report;4.
    
    Western Iowa Energy, LLC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 Western Iowa Energy, LLC, 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 Western Iowa Energy, LLC, 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 Western Iowa Energy, LLC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; andc)
    
    Disclosed in this report any changes in Western Iowa Energy, LLCs internal
control over financial reporting that occurred during Western Iowa Energy, LLCs most
recent fiscal year that has materially affected, or is reasonably likely to materially
affect, Western Iowa Energy, LLCs internal control over financial reporting.
 5.
    
    Western Iowa Energy, LLCs other certifying officers and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to Western Iowa Energy, LLCs
auditors and the audit committee of Western Iowa Energy, LLCs board of directors (or persons
performing the equivalent functions):
 a)
    
    All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect Western Iowa Energy, LLC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 Western Iowa Energy, LLCs internal controls over
financial reporting.
 Date:  11/14/06
    /s/ William J. HoranWilliam J. Horan (Principal Executive Officer)
Benefits and Beneficiaries Under the Railroad Retirement 

and Unemployment Insurance Systems - May 2003 

Regular Retirement 

and Survivor Benefits 

Benefit payments May 2003 

Total 

Retired employees 

Spouses and divorced spouses 

Widow(er)s - aged and disabled 

Other survivors 21,654,000 22,240,000 

156,358,000 158,472,000 

469,744,000 

88,556,000 91,038,000 

May 2002 

$733,410,000 $741,494,000 

466,842,000 

Number Average1 Number Average1 

Total 631,000 ......... 2,400 ......... ......... 

Regular employee annuities, total 293,800 $1,575 1,000 $2,080 ......... 

Age 211,600 1,538 2 200 2 2,546 3 $1,153 

Disability, Full Retirement Age and Over 36,200 1,403 ......... ......... ......... 

Disability, Under Full Retirement Age 46,100 1,880 500 2,156 

Spouses and divorced spouses 147,600 593 700 689 

Widow(er)s--aged and disabled 160,700 971 600 1,395 

Widowed mothers and fathers 1,000 1,244 4/ 1,239 

Widow(er)s--remarried and divorced 15,000 644 100 752 

Children 12,800 746 100 906 

Other survivors 100 645 ......... ......... ......... 

5/ / 

589 609 

851 726 

......... 

635 647 

838 917 

439 326 

$898 

......... 

......... 

......... 

Monthly benefits 

Being Paid Awarded 

Average under 

Being paid 

end of month 

Awarded in 

month 

Social Security 

May 2003 

5

Supplemental 

Employee 

Annuities 

Benefit payments 

May May 

2003 2002 Number Average 

$5,476,000 $5,758,000 129,800 $42 300 $40 

Being paid 

end of month 

Awarded 

in month 

Number Average 

1

Railroad retirement benefits shown are net of reduction for social security benefit entitlement.

2

For employees retiring directly from the railroad industry with full age annuity (their years of service averaged 34); some 200

other age annuities were awarded in the month. 

3

For men aged 65 or over insured on regular basis.

4

Fewer than 50.

5

Remarried and divorced widow(er)s included with aged and disabled widow(er)s and widowed mothers and fathers.

Note. --Data are on a cash basis (unaudited) and are partly estimated. Detail may not add to totals due to rounding.

(Over) 
Benefits and Beneficiaries Under the Railroad Retirement 

and Unemployment Insurance Systems - (Continued) 

May 2003 

Unemployment and Sickness Benefits 

Unemployment 3,200 $256.50 

Sickness 6,000 258.40 

Unemployment 

Sickness 3,560,000 1,003,000 

2,491,000 2,776,000 

Benefit payments 

May 2002 

Total $6,051,000 $3,779,000 

452.43 

May 2003 

Per 

full week 

$435.09 

Number of beneficiaries 

during month 

Per 2-week 

registration period 

Average payment 

Note. --Data are on a cash basis (unaudited) and are partly estimated. Detail may not add to totals due to rounding.

Recycled 

Paper 

Published by the U.S. Railroad Retirement Board 

Bureau of the Actuary and the Office of Public Affairs
**EXHIBIT      32.4**

**CERTIFICATION      PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO SECTION 906 OF**

**THE      SARBANES-OXLEY ACT OF 2002**

| (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. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:                December 13, 2007 | **/s/                Barry Schwartz**                                                                                                              |
|-----------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------|
|                                    | Barry                Schwartz,                                                                                                                     |
|                                    | President;                Chief Executive Officer; Director,Principal                Accounting Officer and Chief Financial                Officer |
# covid_table17_q6_state
# table48_q5.5_size
EXHIBIT 32.2

| (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. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:  | /s/  Jay      W. Shreiner |
|-----------|-------------------------------------|
|      | Jay      W. Shreiner                |
|      | Executive      Vice President,      |
|      | Chief      Financial Officer        |
|      | RehabCare      Group, Inc.          |
|      | March      10, 2009                 |
EX-10.2






EXHIBIT 10.2



FIRST AMENDMENT TO PROMISSORY NOTE




THIS FIRST AMENDMENT (THE “FIRST AMENDMENT”) DATED JULY 31, 2013, SHALL AMEND THE PROMISSORY
NOTE (THE “NOTE”) DATED AS OF SEPTEMBER 12, 2011 AMONG NON-INVASIVE MONITORING SYSTEMS, INC. (THE
“MAKER”) AND FROST GAMMA INVESTMENTS TRUST (THE “PAYEE”) AS NOTED BELOW.



RECITALS




WHEREAS, Maker and Payee (collectively, the “Parties”) are parties to the Note which became
effective on September 12, 2011; and



WHEREAS, the Parties desire to amend the Note to extend the Maturity Date from September 12,
2014 until July 31, 2015.



NOW THEREFORE, in consideration of the mutual covenants and promises contained in the Note and
this First Amendment and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:



AMENDMENT





	 	1.	 	Section 1 of the Note is hereby amended and restated in its entirety as
follows:






The principal amount of the loan evidenced hereby, together with any accrued and
unpaid interest, and any and all unpaid costs, fees and expenses accrued, shall be
due and payable on July 31, 2015 (the “Maturity Date”).



2. Governing Law. This First Amendment shall be governed by the laws of the State of Florida
without regard to its conflict of laws rules or principles.



3. Amendments. Except as expressly amended hereby, the Note shall remain unmodified and in
full force and effect.



4. Entire Agreement. This First Amendment and the Note constitute the entire agreement of the
Parties with respect to the subject matter hereof and supersede all prior understandings and
writings between the Parties relating thereto.



5. Interpretation. Any capitalized terms used in this First Amendment but not otherwise
defined shall have the meaning provided in the Note.



6. Counterparts. This First Amendment may be executed manually, electronically in Adobe® PDF
file format, or by facsimile by the Parties, in any number of counterparts, each of which shall be
considered one and the same amendment and shall become effective when a counterpart hereof shall
have been signed by each of the Parties and delivered to the other Party.



IN WITNESS WHEREOF, Borrower has duly executed this First Amendment to the Note and Security
Note as of the 31st day of July, 2013.



	 	 	 
	 	 	NON-INVASIVE MONITORING SYSTEMS, INC.
	
 
	 	By: /s/ James J. Martin
	
 
	 	 
	
 
	 	Name: James J. Martin

Title: Chief Financial Officer
	Agreed and Accepted:

	 	

	FROST GAMMA INVESTMENTS TRUST

	 	

	By: /s/ Phillip Frost

	 	

	 

	 	

	Name: Phillip Frost, M.D.

Title: Trustee
First

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-6711

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MONQUAY WILLIAMS, a/k/a Quay,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Newport News. Rebecca Beach Smith, Chief

District Judge. (4:10-cr-00047-RBS-TEM-5)

Submitted: July 21, 2015 Decided: July 24, 2015

Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Monquay Williams, Appellant Pro Se. Robert Edward Bradenham, II, 

Eric Matthew Hurt, Howard Jacob Zlotnick, Assistant United States 

Attorneys, Valerie S. Muth, OFFICE OF THE UNITED STATES ATTORNEY, 

Newport News, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Monquay Williams seeks to appeal the district court’s order 

granting the Government’s motion to reduce his sentence. Under 18 

U.S.C. § 3742(a) (2012), we “lack jurisdiction to review the extent 

of the district court’s downward departure.” United States v. 

Hill, 70 F.3d 321, 324 (4th Cir. 1995); see United States v. Davis, 

679 F.3d 190, 193-94 (4th Cir. 2012) (explaining that, although 

the court may entertain “challenges to the lawfulness of the method 

used by the district court in making its sentencing decision,” 

this court lacks “jurisdiction to review any part of a 

discretionary sentencing decision”). Because the sole issue 

raised on appeal attacks the extent of the reduction awarded by 

the district court, we dismiss this appeal for lack of 

jurisdiction. 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 in the decisional 

process. 

DISMISSED
#### The People of the State of New York, Respondent, v Jerome Chipp, Appellant.

[823 NYS2d 54]

Order, Supreme Court, New York County (Daniel E FitzGerald, J), entered April 19, 2005, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The People met their burden of establishing various risk factors bearing a sufficient total point score to support a level three sex offender adjudication, and we reject defendant’s arguments concerning the specific risk factors at issue. The court properly declined to reduce defendant’s status to level two on the basis of his postrelease conduct *(see People v Guaman, 8*AD3d 545 [2004]). Defendant’s challenge to the choice of risk factors made by the Legislature and the Board of Examiners of Sex Offenders *(see*Correction Law § 168-/ [5]) is unavailing *(see People v Joe,*26 AD3d 300 [2006], *lv denied*7 NY3d 703 [2006]; *see also People v Bligen,*33 AD3d 489 [2006] [decided herewith]).

*509We have considered and rejected defendant’s remaining claims. Concur—Tom, J.E, Andrias, Friedman, Marlow and Gonzalez, JJ.
#### Alexander Tito HUMPHRIES, Plaintiff, v. The UNITED STATES, Defendant.

No. 99-85C.

United States Court of Federal Claims.

Nov. 7, 2001.

Alexander Tito Humphries, pro se, Eldoret, Kenya.

Gregory T. Jaeger, Washington, D.C., with whom were Robert E. Kirschman, Jr., Assistant Director, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, and Stuart E. Sehiffer, Acting Assistant Attorney General, Civil Division, U.S. Department of Justice.

*ORDER*

SMITH, Senior Judge.

Plaintiff, a citizen of Kenya appearing pro se, filed a complaint on February 24, 1999 seeking $65,000 pursuant to an alleged informant agreement he entered into with the Federal Bureau of Investigation and the Immigration & Naturalization Service. In lieu of an answer, defendant filed a motion for a more definite statement of jurisdiction on May 25, 1999. On June 17, 1999, the court granted the government’s motion, stating that plaintiffs status as an alien required that he affirmatively demonstrate that citizens of the United States are accorded a reciprocal right to sue the plaintiffs sovereign in its courts, as required by 28 U.S.C. 2502(a) (1999). *See Pottawatomi Nation in Canada v. United States,*27 Fed.Cl. 388 (1992).

Plaintiff submitted a non-responsive and procedurally defective filing to the court on August 20, 1999. The court returned the submission unfiled by order dated September 13,1999 because it failed to address the issue of reciprocity and did not conform to Rule 5(e) of the Rules of the Court of Federal Claims (RCFC) regarding service of process *36and Rule 88 requiring that two copies be included along with the original. The September order again directed plaintiff to show compliance with 28 U.S.C. § 2502(a). Plaintiff was given an extra 30 days to respond. To date, nearly two years later, no response from the plaintiff has been received.

The government filed a Motion to Dismiss for Failure to Prosecute on May 11, 2001. Under Rule 41(b) of the RCFC, the court may dismiss on its own motion or defendant can move to dismiss for failure to prosecute. The power of this court to dismiss claims for failure to prosecute is well-established.

While the court never likes to dismiss a case on procedural grounds, in this case plaintiff has been ordered on two occasions to show compliance with 28 U.S.C. § 2502 and has failed to do so in both instances. The court’s practice is to treat pro se plaintiffs liberally, but failures to respond to court orders cannot be condoned for any party regardless of background. Because plaintiff has failed to adequately respond to the June 17, 1999 order and for not responding at all to the September 13,1999 order, the government’s motion is GRANTED and the case is dismissed without prejudice.

IT IS SO ORDERED.