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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 98-4182

KOFFI KITCHENS,

Defendant-Appellant.

Appeal from the United States District Court

for the Northern District of West Virginia, at Martinsburg.

Robert Earl Maxwell, Senior District Judge.

(CR-94-134)

Submitted: August 25, 1998

Decided: September 23, 1998

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

_________________________________________________________________

Dismissed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Kevin D. Mills, LAW OFFICES OF KEVIN D. MILLS, Martinsburg,

West Virginia, for Appellant. William D. Wilmoth, United States

Attorney, Paul T. Camilletti, Assistant United States Attorney, Wheeling, West Virginia, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
OPINION

PER CURIAM:

Koffi Kitchens appeals from his sentence imposed after pleading

guilty, pursuant to a written plea agreement, to distributing crack

cocaine within 1000 feet of an elementary school, in violation of 18

U.S.C. §§ 2, 841(a), 860 (1994). We dismiss Kitchens' appeal.

In the plea agreement, Kitchens waived his right to appeal any sentence imposed within the statutory maximum of forty years. See 18

U.S.C. §§ 841(b)(1)(C), 860. The court specifically discussed the

waiver provision with Kitchens at the plea hearing, and asked him if

he understood that by pleading guilty he was giving up his right to

appeal any sentence imposed within the statutory maximum of forty

years. Kitchens indicated that he understood the waiver provision.

The court sentenced Kitchens to 121 months' imprisonment, to be followed by five years of supervised release.

On appeal, Kitchens raises several contentions regarding the district court's computation of his sentence. The Government in its reply

brief does not rely on Kitchens' waiver of his right to appeal his sentence, but rather argues the merits of Kitchens' sentencing error

claims.

Our review of the record reveals full compliance with Federal Rule

of Criminal Procedure 11. Accordingly, by agreeing to waive his

appeal rights, Kitchens knowingly and voluntarily relinquished his

right to appeal his sentence. See United States v. Attar, 38 F.3d 727,

731 (4th Cir. 1994); United States v. Wiggins , 905 F.2d 51, 53 (4th

Cir. 1990). Although the Government did not rely on Kitchens'

waiver of appeal rights, this court is not precluded from dismissing

Kitchens' appeal on this basis. See United States v. Schmidt, 47 F.3d

188, 190-92 (7th Cir. 1995).

Accordingly, we dismiss Kitchens' appeal. We dispense with oral

argument because the facts and legal contentions are adequately set

forth in the materials before the court and argument would not aid the

decisional process.

DISMISSED

 2
# L_2005312EN.01005901.xml

| 29.11.2005 | EN | Official Journal of the European Union | L 312/59 |
| --- | --- | --- | --- |

29.11.2005

EN

Official Journal of the European Union

L 312/59

---

COUNCIL DECISION

of 24 November 2005

appointing a French member of the Economic and Social Committee

(2005/838/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

Having regard to the nomination submitted by the French government,

Having regard to the opinion of the Commission,

Whereas:

a member's seat on the European Economic and Social Committee has fallen vacant following the resignation of Mr Pierre SIMON,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Jean-François PONS is hereby appointed a member of the European Economic and Social Committee in place of Mr Pierre SIMON for the remainder of the latter's term of office, namely until 20 September 2006.

Article 2

This Decision shall be published in the Official Journal of the European Union.

It shall take effect on the date of its adoption.

Done at Brussels, 24 November 2005.

For the Council

The President

I. LEWIS

---

(1)  
  OJ L 253, 21.9.2002, p. 9.

1

---
Order filed September 13, 2018 

In The

Fourteenth Court of Appeals

____________

NO. 14-18-00629-CV

____________

MARTIN NORRIS, Appellant

V.

DARYL OSTRANDER AND/OR 1406 ROCK CLIFF ROAD, AUSTIN, 

TEXAS, Appellees

On Appeal from County Court at Law No. 1

Travis County, Texas

Trial Court Cause No. C-1-CV-17-006563

O R D E R

Appellant’s brief was due September 7, 2018. No brief or motion for extension 

of time has been filed. 

If appellant does not file a brief with this court by October 8, 2018, the court 

will dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). 

PER CURIAM
EASTERN FEDERAL LANDS ACCESS PROGRAM

Application 

No. Project/Facility Name Project Type Federal Land Accessed Applicant County

Fiscal 

Year*

WV-23 Spencer Landing Kayak Ramp Kayak Launch Ramp

US Fish & Wildlife Service - 

Ohio River Islands National 

Wildlife Refuge

City of Vienna Wood 2021

WV-24 Williamstown Kayak Launch Kayak Launch Ramp

US Fish & Wildlife Service - 

Ohio River Islands National 

Wildlife Refuge

City of 

Williamstown Wood 2021

WV-25 Waverly Road Roadway Resurfacing

US Fish & Wildlife Service - 

Ohio River Islands National 

Wildlife Refuge

WV Department 

of Highways Wood 2021

WV-26 Headwaters Trail Pedestrian/Bicycle Trail 

Facility

US Fish & Wildlife Service - 

Canaan Valley National 

Wildlife Refuge

WV Division of 

Natural 

Resources

Tucker 2021

The Programming Decisions Committee (PDC) responsible for the West Virginia Federal Lands Access Program (FLAP) has selected its multiyear 

Program of Projects. The projects identified for programming for the West Virginia FLAP are listed below by Application Number:

West Virginia Program of Projects for Federal Fiscal Years 2020-2022

* Fiscal Year Programmed/Project Schedule is subject to change

The next step in the process will be to develop project agreements between Eastern Federal Lands Highway Division and the State/Local Agency partners. 

The amount of funds allocated will depend on finalizing these project agreement. The West Virginia PDC does not have a firm date for the 

next Call for Projects under the Access Program. Please watch our website for updates in your state.

https://highways.dot.gov/federal-lands/programs-access

If you have any questions regarding the Call for Projects, please contact Mr. Lewis Grimm, Planning Team Leader, at 703-404-6289 or 

Lewis.Grimm@dot.gov. For questions regarding project agreements and funding, please contact Ms. Jacinda Russell, Access Program Manager, 

at 571-434-1543 or Jacinda.Russell@dot.gov.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3570 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 314
118th CONGRESS
  2d Session
                                S. 3570

  To designate the United States courthouse located at 500 West Pike 
 Street in Clarksburg, West Virginia, as the ``Irene M. Keeley United 
              States Courthouse'', and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 10, 2024

  Mrs. Capito (for herself and Mr. Manchin) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

                            January 25, 2024

               Reported by Mr. Carper, without amendment

_______________________________________________________________________

                                 A BILL

 
  To designate the United States courthouse located at 500 West Pike 
 Street in Clarksburg, West Virginia, as the ``Irene M. Keeley United 
              States Courthouse'', and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. IRENE M. KEELEY UNITED STATES COURTHOUSE.

    (a) Designation.--The United States courthouse located at 500 West 
Pike Street in Clarksburg, West Virginia, shall be known and designated 
as the ``Irene M. Keeley United States Courthouse''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the United States 
courthouse referred to in subsection (a) shall be deemed to be a 
reference to the ``Irene M. Keeley United States Courthouse''.
                                                       Calendar No. 314

118th CONGRESS

  2d Session

                                S. 3570

_______________________________________________________________________

                                 A BILL

  To designate the United States courthouse located at 500 West Pike 
 Street in Clarksburg, West Virginia, as the ``Irene M. Keeley United 
              States Courthouse'', and for other purposes.

_______________________________________________________________________

                            January 25, 2024

                       Reported without amendment
```
[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Notices]
[Page 54449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27665]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-290-003]


Colorado Interstate Gas Company; Notice of Tariff Compliance 
Filing

October 14, 1997.
    Take notice that on October 8, 1997, Colorado Interstate Gas 
Company (CIG), tendered for filing to become part of its FERC Gas 
Tariff, First Revised Volume No. 1, Sub Second Revised Sheet No. 
132A.07, Original Sheet No. 132A.07a and Sub Second Revised Sheet No. 
132A.08 to be effective April 14, 1997.
    CIG states the tariff sheets are filed in compliance with the order 
issued September 25, 1997 in Docket No. RP97-290-002 to correct 
pagination errors and a footnote reference. CIG states that it has made 
no change to the text of the tariff sheets.
    Any person desiring to protest this filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426, in accordance with Sec. 385.211 of the 
Commission's Regulations. All such protests must be filed as provided 
in Sec. 154.210 of the Commission's Regulations. Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Copies of this filing are on file with the Commission and 
are available for public inspection in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 97-27665 Filed 10-17-97; 8:45 am]
BILLING CODE 6717-01-M
Presidential Documents

54561

Federal Register

Vol. 62, No. 202

Monday, October 20, 1997

Title 3—

The President

Notice of October 17, 1997

Continuation of Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia

On October 21, 1995, by Executive Order 12978, I declared a national

emergency to deal with the unusual and extraordinary threat to the national

security, foreign policy, and economy of the United States constituted by

the actions of significant foreign narcotics traffickers centered in Colombia,

and the unparalleled violence, corruption, and harm that they cause in

the United States and abroad. The order blocks all property and interests

in property of foreign persons listed in an Annex to the order, as well

as foreign persons determined to play a significant role in international

narcotics trafficking centered in Colombia, to materially assist in, or provide

financial or technological support for or goods or services in support of,

the narcotics trafficking activities of persons designated in or pursuant to

the order, or to be owned or controlled by, or to act for or on behalf

of, persons designated in or pursuant to the order. The order also prohibits

any transaction or dealing by United States persons or within the United

States in such property or interests in property. Because the activities of

significant narcotics traffickers centered in Colombia continue to threaten

the national security, foreign policy, and economy of the United States

and to cause unparalleled violence, corruption, and harm in the United

States and abroad, the national emergency declared on October 21, 1995,

and the measures adopted pursuant thereto to deal with that emergency,

must continue in effect beyond October 21, 1997. Therefore, in accordance

with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),

I am continuing the national emergency for 1 year with respect to significant

narcotics traffickers centered in Colombia.

This notice shall be published in the Federal Register and transmitted

[FR Doc. 97–27936

THE WHITE HOUSE,

October 17, 1997.

to the Congress.

œ–

Filed 10–17–97; 10:37 am]

Billing code 3195–01–P
CALPUFF Modeling Files for Entergy Independence

EPA performed CALPUFF modeling to analyze the visibility impact and potential visibility 

improvement due to controls at the Entergy Independence facility. A summary of the 

visibility modeling performed can be found in the docket for our proposed rulemaking as 

Appendix C to the Technical Support Document.

Due to the file size of the CALPUFF modeling files, they are not available from the electronic 

docket. These files are available upon request. Please email your request to: Michael Feldman 

(feldman.michael@epa.gov) or call 214-665-7200

Thank you
[Federal Register Volume 62, Number 204 (Wednesday, October 22, 1997)]
[Notices]
[Pages 54841-54842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27918]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. OA96-178-001 Docket No. OA96-167-001]


Cambridge Electric Light Company; Commonwealth Electric Company; 
Notice of Filing

October 16, 1997.
    Take notice that, on August 15, 1997, Cambridge Electric Light 
Company (Cambridge) and Commonwealth Electric Company (Commonwealth) 
submitted for filing revised tariff sheets and customer indices to 
implement changes to their respective open access transmission tariffs, 
as required by the Commission's order issued July 31, 1997 in Allegheny 
Power Systems, Inc., 80 FERC para. 61,143. The instant filings are 
requested to be effective as of July 9, 1996.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E. Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 18 CFR 385.214. All such motions or 
protests should be filed on or before October 27, 1997. Protests will 
be considered by the Commission in determining the appropriate action 
to be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a petition 
to intervene. Copies of this filing are on file with the

[[Page 54842]]

Commission and are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-27918 Filed 10-21-97; 8:45 am]
 BILLING CODE 6717-01-M
From: "Swift, Stephen G." <SSwift@rrienergy.com> 

 

 To: Jezebele Alicea/DC/USEPA/US@EPA 

 Cc: "Smith, James R. (Randy)" <JRSmith@rrienergy.com>, "Frank, Stephen" 

<SFrank@rrienergy.com>, "Whelan, Kerry

 M." <KWhelan@rrienergy.com>, "Ott, Robert N." <RNOtt@rrienergy.com>

 

 Date: 07/08/2010 04:24 PM 

 Subject: RRI Coolwater Generating Station - ICR Extension Request 

Please see the attachment for our extension request for the ICR we

recently received. (See attached file: RRI Coolwater Extension Req.pdf)
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 23 - 0450 STATE OF MONTANA,

Plaintiff and Appellee, v. JOHN RAYMOND WELZEL,

Defendant and Appellant .

**G RANT**  Pursuant to authority granted under Mont. R. App. P. 26(1), the Appellant is given an extension of time until January 19 , 2024, to prepare, file, and serve the Appellant’s opening brief.

Electronically signed by: Bowen Greenwood Clerk of the Supreme Court December 14 2023

12/14/2023
Case Number: DA 23-0450
#### STATE of Louisiana v. Gerald HATCHER.

No. 62074.

Supreme Court of Louisiana.

May 15, 1978.

In re: Gerald Hatcher applying for supervisory writs. Orleans Parish.

Writ denied. Appropriate remedy is by appeal. Review of trial transcript is necessary in order to resolve the Prieur issue in absence of stipulation as to issues at trial.

DIXON, J.,

would grant. The trial judge is correct in his assessment of the wasted effort in deciding this issue on appeal.
```

                                                                    Exhibit 23.1

                         CONSENT OF INDEPENDENT AUDITORS

         We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (No.'s 333-118899,  333-112529,  333-110543,  333-104541,
333-96667,  333-45610,  333-33204,  333-43861  and  333-39887),  Form  S-4  (No.
333-109146) and Form S-8 (No.'s 333-90611 and 333-37293) of Empire Resorts, Inc.
and  subsidiaries  of  our  report  dated  February  18,  2006  relating  to the
consolidated financial statements which appear in the 2005 Form 10-K.

                                             /s/ Friedman LLP
                                             Friedman LLP

New York, New York
March 30, 2006
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S FINANCIAL STATEMENTS INCLUDED IN ITS REPORT ON FORM 10-K FOR THE
TWELVE MONTHS ENDED DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS INCLUDED IN SUCH REPORT.
</LEGEND>
<CIK> 0000907077
<NAME> URBAN SHOPPING CENTERS, INC.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           5,276
<SECURITIES>                                         0
<RECEIVABLES>                                   19,926
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                25,202
<PP&E>                                         934,182
<DEPRECIATION>                                  97,558
<TOTAL-ASSETS>                                 904,076
<CURRENT-LIABILITIES>                           30,512
<BONDS>                                        439,886
<PREFERRED-MANDATORY>                                0
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<COMMON>                                           167
<OTHER-SE>                                     194,496
<TOTAL-LIABILITY-AND-EQUITY>                   904,076
<SALES>                                         95,180
<TOTAL-REVENUES>                                97,044
<CGS>                                                0
<TOTAL-COSTS>                                   52,160
<OTHER-EXPENSES>                                 7,378
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              14,246
<INCOME-PRETAX>                                 23,260
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             16,597
<DISCONTINUED>                                   3,372
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    19,969
<EPS-PRIMARY>                                     1.42
<EPS-DILUTED>                                     1.42


</TABLE>
[Cite as Scanlon v. Brunsman, 112 Ohio St.3d 151, 2006-Ohio-6522.]

SCANLON, APPELLANT, v. BRUNSMAN, WARDEN, APPELLEE. 

[Cite as Scanlon v. Brunsman, 112 Ohio St.3d 151, 2006-Ohio-6522.] 

Habeas corpus — Habeas corpus relief not proper when petitioner is not entitled 

to immediate release from custody — Court of appeals’ denial of writ 

affirmed. 

(No. 2006-1482 ─ Submitted November 15, 2006 ─ Decided 

December 27, 2006.) 

APPEAL from the Court of Appeals for Ross County, 

No. 06CA2902. 

__________________ 

Per Curiam. 

{¶ 1} This is an appeal from a judgment dismissing a habeas corpus 

petition. 

{¶ 2} On May 30, 2006, appellant, Neil P. Scanlon, filed a petition in the 

Court of Appeals for Ross County for a writ of habeas corpus to compel appellee, 

Chillicothe Correctional Institution Warden Timothy Brunsman, to release him 

from prison. Scanlon claimed that he was entitled to be released on August 23, 

2006, instead of his scheduled release date of December 23, 2006. On June 29, 

2006, which was before the release date that Scanlon claimed, the court of appeals 

dismissed the petition. 

{¶ 3} In this appeal as of right, Scanlon contends that the court of 

appeals erred in dismissing his petition. 

{¶ 4} In general, habeas corpus is proper in the criminal context only if 

the petitioner is entitled to immediate release from prison or some other physical 

confinement. Crase v. Bradshaw, 108 Ohio St.3d 212, 2006-Ohio-663, 842 

N.E.2d 513, ¶ 5; State ex rel. Smirnoff v. Greene (1998), 84 Ohio St.3d 165, 167, 
SUPREME COURT OF OHIO

2 

702 N.E.2d 423. Because Scanlon claimed he was entitled to an earlier release 

date but not to immediate release from prison, he did not state a viable habeas 

corpus claim. See, e.g., Hanes v. Haviland (2001), 93 Ohio St.3d 465, 466, 755 

N.E.2d 898 (“At best, even if Hanes is entitled to good-time credit, he would have 

been entitled to earlier consideration of release on parole rather than outright 

release from prison. Because extraordinary relief in habeas corpus is restricted to 

immediate release from confinement, the court of appeals properly dismissed the 

petition”); State ex rel. Johnson v. Ohio Dept. of Rehab. and Corr. (2002), 95 

Ohio St.3d 70, 71, 765 N.E.2d 356. The contentions that Scanlon raises on appeal 

do not alter this dispositive fact. 

{¶ 5} Therefore, we affirm the judgment of the court of appeals. 

Judgment affirmed. 

 MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR,

O’DONNELL and LANZINGER, JJ., concur. 

__________________ 

 Neil P. Scanlon, pro se. 

 Jim Petro, Attorney General, and Jerri L. Fosnaught, Assistant Attorney 

General, for appellee. 

_____________________
259 La. 76

#### STATE of Louisiana ex rel. Charles PERRY v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, et al.

No. 51536.

Supreme Court of Louisiana.

June 28, 1971.

In re: Charles Perry applying for writ of mandamus and habeas corpus.

Application denied. Since the District Attorney has assured the Court that a copy of the transcript will be furnished to applicant as soon as completed, mandamus is denied.