alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §8255. Budget treatment for energy conservation measures

The President shall transmit to the Congress, along with each budget that is submitted to the Congress under section 1105 of title 31, a statement of the amount of appropriations requested in such budget, if any, on an individual agency basis, for—

(1) electric and other energy costs to be incurred in operating and maintaining agency facilities; and

(2) compliance with the provisions of this part, the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), and all applicable Executive orders, including Executive Order 12003 (42 U.S.C. 6201 note) and Executive Order 12759 (56 Fed. Reg. 16257).

(Pub. L. 95–619, title V, §545, Nov. 9, 1978, 92 Stat. 3278; Pub. L. 96–294, title IV, §405, June 30, 1980, 94 Stat. 716; Pub. L. 99–509, title III, §3301, Oct. 21, 1986, 100 Stat. 1890; Pub. L. 100–615, §2(a), Nov. 5, 1988, 102 Stat. 3186; Pub. L. 102–486, title I, §152(e), Oct. 24, 1992, 106 Stat. 2846.)

#### **Editorial Notes**

#### References in Text

The Energy Policy and Conservation Act, referred to in par. (2), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, which is classified principally to chapter 77 (§6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.

Executive Order 12003, referred to in par. (2), is Ex. Ord. No. 12003, July 20, 1977, 42 F.R. 37523 which amended Ex. Ord. No. 11912, April 13, 1976, 41 F.R. 15825, set out as a note under section 6201 of this title.

Executive Order 12759, referred to in par. (2), is Ex. Ord. No. 12759, April 17, 1991, 56 F.R. 16257, which was set out as a note under section 6201 of this title, prior to revocation by Ex. Ord. No. 13123, §604, June 3, 1999, 64 F.R. 30859, formerly set out as a note under section 8251 of this title.

#### Amendments

1992—Pub. L. 102–486 amended section generally. Prior to amendment, section read as follows: "Each agency, in support of the President's annual budget request to the Congress, shall specifically set forth and identify funds requested for energy conservation measures."

1988—Pub. L. 100–615 amended section generally, substituting provision relating to budget treatment for energy conservation measures for provisions relating to establishment and use of life cycle cost methods, use of life cycle costs, and use in non-Federal structures.

1986—Subsec. (a)(2). Pub. L. 99–509 substituted "average" for "marginal".

1980—Subsec. (a)(1). Pub. L. 96–294, which directed amendment of par. (1) by inserting provisions setting forth criteria for establishing life-cycle costs for Federal buildings before the period at end, was executed to par. (2) as the probable intent of Congress because par. (1) does not contain a period.
Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Notices 77739

[FR Doc. 04–28265 Filed 12–27–04; 8:45 am] 

BILLING CODE 5001–06–C

DEPARTMENT OF DEFENSE

Office of the Secretary 

President’s Information Technology 

Advisory Committee (PITAC)

ACTION: Notice of meeting.

SUMMARY: PITAC’s Subcommittee on 

Computational Science will provide an 

update of its activities. PITAC will 

discuss the Subcommittee’s 

presentation and provide feedback for 

use in guiding the Subcommittee’s 

work. There will be an update on the 

dissemination of PITAC’s report 

Revolutionizing Health Care Through 

Information Technology. The latter 

portion of the meeting focuses on a 

presentation and deliberation on 

PITAC’s draft report on cyber security. 

Public input will be solicited during a 

public comment period. A small 

fraction of the meeting time may be 

allocated for other PITAC updates at the 

discretion of the co-chairs and the 

designated Federal officer.

DATES: Wednesday, January 12, 2005, 9 

a.m.–3 p.m. eastern time.

ADDRESSES: National Science 

Foundation, Stafford I, Room 1235, 4201 

Wilson Boulevard, Arlington, Virginia 

22230.

SUPPLEMENTARY INFORMATION: This 

meeting will also be held via a 

teleconference and the Internet through 

the WebEx application. Information 

about registration for in-person or 

remote participation will be posted at 

PITAC’s Web site (http://www.nitrd.gov/

pitac) by December 23. Meeting 

information may also be obtained by 

calling 703–292–4873. The agenda for 

the meeting will be posted at PITAC’s 

Web site when it becomes available.

FOR FURTHER INFORMATION: Contact Alan 

Inouye at the National Coordination 

Office for Information Technology 

Research and Development at 703–292–

4873 or by e-mail at inouye@nitrd.gov.

Dated: December 21, 2004. 

Jeannette Owings-Ballard, 

OSD Federal Register Liaison Officer, 

Department of Defense.

[FR Doc. 04–28259 Filed 12–27–04; 8:45 am] 

BILLING CODE 5001–06–M

DEPARTMENT OF DEFENSE

Office of the Secretary 

Defense Science Board

AGENCY: Department of Defense.

ACTION: Notice of Advisory Committee 

meeting date change. 


EN28DE04.003</GPH>
### §104. Disobedience to subpoena

Any person willfully neglecting or refusing obedience to such subpoena, or neglecting or refusing to appear and testify when subpoenaed, his fees having been paid if demanded, shall be deemed guilty of a misdemeanor, for which he shall be punished by indictment in the district court of the United States or in the district courts of the Territories exercising the jurisdiction of district courts of the United States. The punishment for such offense, upon conviction, shall be a fine of not more than $200, or imprisonment not to exceed ninety days, or both, at the discretion of the court: Provided, That if such witness has been prevented from obeying such subpoena without fault upon his part he shall not be punished under the provisions of this section.

(Jan. 31, 1903, ch. 344, §3, 32 Stat. 790; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167.)

#### **Editorial Notes**

#### Codification

Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts.
-       - Superintendent of Documents
      - 2023-09-01T19:15:14-0400
      - Government Publishing Office, Washington, DC 20401
      - Government Publishing Office
      - Government Publishing Office attests that this document has not been altered since it was disseminated by Government Publishing Office
* 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. 97-40488 Summary Calendar

JIMMY HORACE OAKLEY, Plaintiff-Appellant,

versus BOBBY WEAVER, Sheriff, Gregg County; MARY STUART RUSSELL, Officer, Longview Police Department, ALVIN EBERSOLE, Officer, Longview Police Department, Defendants, MARY STUART RUSSELL, Officer, Longview Police Department, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:95-CV-936

- - - - - - - - - - November 2, 1998 Before JOLLY, SMITH, and WIENER, Circuit Judges.
PER CURIAM: * Jimmy Horace Oakley, an inmate (# 606677) currently confined in the Texas Department of Criminal Justice, Institutional Division appeals from the dismissal of his 42 U.S.C. § 1983 suit following a bench trial, in which he had alleged that theNo. 97-40488 -2- appellee had used excessive force during Oakley’s arrest. Oakley argues that key witnesses’ testimony during the bench trial was false and that Officer Russell used excessive force when she sprayed him with pepper spray as he entered the back seat of the patrol car. We have review the record and the parties’ briefs and hold that the magistrate judge did not err in holding that the appellee had not used excessive force during Oakley’s arrest. Spann v. Rainey , 987 F.2d 1110, 1115 (5th Cir. 1993); Lozano v. Smith , 718 F.2d 756, 768 (5th Cir. 1983). Accordingly, the judgment of the magistrate judge is AFFIRMED.
AFFIRMED.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7208

JULIAN THOMAS TAYLOR, Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CA-98-1404-2) Submitted: January 20, 2000 Decided: January 28, 2000 Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Julian Thomas Taylor, Appellant Pro Se. Daniel John Munroe, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Julian Thomas Taylor seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999). Taylor’s case was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (1994). The magistrate judge recommended that relief be denied and advised Taylor that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Taylor failed to object to the magistrate judge’s recommendation. The timely filing of objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review. See Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). Appellant has waived appellate review byfailing to file objections after receiving proper notice. We accordingly deny a certificate of appealability and dismiss the appeal. Furthermore, Taylor’s motion to appoint counsel is denied.We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED
### §1068. Lands held in adverse possession; issuance of patent; reservation of minerals; conflicting claims

The Secretary of the Interior (a) shall, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or color of title for more than twenty years, and that valuable improvements have been placed on such land or some part thereof has been reduced to cultivation, or (b) may, in his discretion, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or color of title for the period commencing not later than January 1, 1901, to the date of application during which time they have paid taxes levied on the land by State and local governmental units, issue a patent for not to exceed one hundred and sixty acres of such land upon the payment of not less than $1.25 per acre: Provided, That where the area so held is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres, may be patented hereunder: Provided further, That coal and all other minerals contained therein are reserved to the United States; that said coal and other minerals shall be subject to sale or disposal by the United States under applicable leasing and mineral land laws, and permittees, lessees, or grantees of the United States shall have the right to enter upon said lands for the purpose of prospecting for and mining such deposits: And provided further, That no patent shall issue under the provisions of this chapter for any tract to which there is a conflicting claim adverse to that of the applicant, unless and until such claim shall have been finally adjudicated in favor of such applicant.

(Dec. 22, 1928, ch. 47, §1, 45 Stat. 1069; July 28, 1953, ch. 254, §1, 67 Stat. 227.)

#### **Editorial Notes**

#### Amendments

1953—Act July 28, 1953, provided for mandatory issuance of land patents to certain adverse possessors and broadened discretionary power of Secretary to issue patents to parties who have paid taxes on certain public lands since Jan. 1, 1901.
### §1456. Chief clerk

The chief clerk of the Department of the Interior on and after July 3, 1926, shall be the chief executive officer of the department and may be designated by the Secretary to sign official papers and documents, including the authorization of expenditures from the contingent and other appropriations for the department, its bureaus and offices, section 3683 1 of the Revised Statutes to the contrary notwithstanding.

(July 3, 1926, ch. 771, §1, 44 Stat. 854.)

#### **Editorial Notes**

#### References in Text

Section 3683 of the Revised Statutes, referred to in text, was classified to section 675 of former Title 31, Money and Finance, and repealed by act Sept. 12, 1950, ch. 946, title III, §301(76), 64 Stat. 843.

#### Codification

Section was formerly classified to section 484 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

#### Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriations acts:

May 24, 1922, ch. 199, 42 Stat. 552.

Jan. 24, 1923, ch. 42, 42 Stat. 1174.

June 5, 1924, ch. 264, 43 Stat. 391.

Mar. 3, 1925, ch. 462, 43 Stat. 1142.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

#### Division of Administrative Services

Interior Department Order No. 2546, dated Dec. 7, 1949 and amended Jan. 20, 1950, set up the Office of Administrative Management with an executive officer in charge, and the Chief Clerk of the Department was placed in charge of a Division of Administrative Services under that office. A further amendment to Department Order No. 2546, dated Aug. 15, 1950, placed the Division of Administrative Services, with the Chief Clerk in charge, under the Administrative Assistant Secretary of the Interior Department.

1 See References in Text note below.
### §5632. Transferred

#### **Editorial Notes**

#### Codification

Section 5632 was editorially reclassified as section 11132 of Title 34, Crime Control and Law Enforcement.
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<INCOME-PRETAX>                                  7,541
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<INCOME-CONTINUING>                              7,339
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<NET-INCOME>                                     4,577
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</TABLE>
#### Roberto FERNANDEZ-FIGUEROA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-74933.

United States Court of Appeals, Ninth Circuit.

Submitted March 12, 2007.*

Filed March 15, 2007.

Albert M. Sterwerf, Esq., Irvine, CA, for Petitioner.

CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Joan E. Smiley, Esq., DOJ — U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: KOZINSKI, LEAVY, and BYBEE, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Roberto Fernandez-Figueroa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order adopting and affirming an immigration judge’s decision denying Fernandez-Figueroa’s application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Fernandez-Figueroa failed to establish the requisite exceptional and extremely unusual hardship to his United States citizen wife and children, and is therefore ineligible for cancellation of removal. *See*8 U.S.C. § 1252(a)(2)(B)(i); *Martinez-Rosas v. Gonzales,*424 F.3d 926, 930 (9th Cir. 2005). Further, Fernandez-Figueroa has failed to raise a colorable constitutional claim to invoke our jurisdiction over this petition for review. *See id.*

PETITION FOR REVIEW DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
### SUBCHAPTER IV—CONSTRUCTION OF SMALL PROJECTS
<PAGE>

EXHIBIT 11


                     METRIS COMPANIES INC. AND SUBSIDIARIES
                        Computation of Earnings Per Share

<TABLE>
<CAPTION>

In thousands, except per share amounts               Quarter Ended March 31,

                                                     1998              1997
<S>                                                <C>                <C>
BASIC:
Net income available to common 
     stockholders                                  $11,224            $ 7,738
                                                  ---------          ---------
                                                  ---------          ---------
Weighted average number of common shares
outstanding                                         19,225             19,225

Net income per share                                  $.58               $.40

DILUTED:

Net income available to common 
stockholders                                       $11,224             $7,738
                                                  ---------          ---------
                                                  ---------          ---------
Weighted average number of common shares
outstanding                                         19,225             19,225
Net effect of assumed exercise of stock 
options based on treasury stock   method
using average market price                           1,071                949
                                                  ---------          ---------
                                                    20,296             20,174
                                                  ---------          ---------

Net income per share                                  $.55               $.38

</TABLE>
### §§7811 to 7819. Repealed. Pub. L. 98–242, title I, §110(a), Mar. 22, 1984, 98 Stat. 101

Section 7811, Pub. L. 95–467, title I, §101, Oct. 17, 1978, 92 Stat. 1306, related to establishment of research and technology institutes.

Section 7812, Pub. L. 95–467, title I, §102, Oct. 17, 1978, 92 Stat. 1307, authorized use of appropriated funds for printing and publishing of program results, and planning, coordinating, and conducting of cooperative research.

Section 7813, Pub. L. 95–467, title I, §103, Oct. 17, 1978, 92 Stat. 1308, set out responsibilities of Secretary of the Interior in prescribing procedures, rules, and regulations, and in developing a 5-year water resource research program.

Section 7814, Pub. L. 95–467, title I, §104, Oct. 17, 1978, 92 Stat. 1308, related to non-impairment of legal relationship between State governments and educational institutions involved in water research and to prohibition with regard to any Federal control of educational institutions.

Section 7815, Pub. L. 95–467, title I, §105, Oct. 17, 1978, 92 Stat. 1308, provided for making of grants and contracts.

Section 7816, Pub. L. 95–467, title I, §106, Oct. 17, 1978, 92 Stat. 1309, set out range of program issues and provided for due consideration to be given to priority problems.

Section 7817, Pub. L. 95–467, title I, §107, Oct. 17, 1978, 92 Stat. 1309, defined "State".

Section 7818, Pub. L. 95–467, title I, §108, Oct. 17, 1978, 92 Stat. 1309, authorized advance payment of initial expenses.

Section 7819, Pub. L. 95–467, title I, §109, Oct. 17, 1978, 92 Stat. 1309, provided for study and design of water resources programs and activities and for reports to Congress.

For similar provisions, see section 10301 et seq. of this title.