alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

** After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal.. See Fed. R. App. P. 34(a); 10th Cir. 34.1.9. The case is therefore ordered submitted without oral argument. 

## F I L E D United States Court of Appeals Tenth Circuit 

### OCT 1 1997 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

HANS G. PRESSEL, Petitioner-Appellant,

v. No. 97-1204 MARK MCKINNA and the, ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents-Appellees. (D.C. No. 96-Z-2474) (D.Colo.)

ORDER AND JUDGMENT *

Before TACHA, BALDOCK, and LUCERO, Circuit Judges. **
Petitioner, appearing pro se, appeals the dismissal without prejudice of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Our jurisdiction arises under 282

U.S.C. § 2253. We grant petitioner’s application for a certificate of appealability and affirm. 28 U.S.C. § 2253(c). Petitioner pleaded guilty to theft and is currently serving an eight-year sentence in Colorado state prison. Petitioner appealed his sentence to the Colorado court of appeals. The court of appeals affirmed his sentence, and petitioner did not file a petition for certiorari to the Colorado Supreme Court. In August 1996, petitioner filed a motion for post-conviction relief which the trial court subsequently denied. Petitioner did not appeal the denial. On October 24, 1996, petitioner filed his petition for a writ of habeas corpus in the district court. As grounds for relief, petitioner claims that (1) there was insufficient evidence to support his conviction; (2) his guilty plea was involuntary; (3) he received ineffective assistance of counsel; and (4) he was subject to cruel and unusual punishment. The district court referred the matter to a magistrate judge for recommendation. The district court adopted the magistrate judge’s recommendation and dismissed the petition without prejudice for failure to exhaust state remedies. We have reviewed petitioner’s brief and the entire record before us and agree with the decision of the district court. A state prisoner, absent exceptional circumstances, may not obtain federal habeas corpus relief unless all available and adequate state court remedies have been exhausted. Rose v. Lundy , 455 U.S. 509, 515 (1982); Dever v. Kansas State Penitentiary , 36 F.3d 1531, 1534 (10th Cir. 1994). The exhaustion requirement is satisfied if the issue has been presented to the highest state court, either by3

direct review or in a post-conviction motion. Dever , 36 F.3d at 1535. In this case, as outlined above, petitioner failed to exhaust his state court remedies. Accordingly, the judgment of the district court is
AFFIRMED.

Entered for the Court,

Bobby R. Baldock Circuit Judge
<TABLE> <S> <C>


<ARTICLE>                                           7
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated financial statements of FPIC Inc. for the twelve months ended
December 31, 1999 and in its entirety by reference to such consolidated
financial statements.
</LEGEND>
<MULTIPLIER>                                   1,000

<S>                             <C>
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<PROVISION-CURRENT>                               99,523
<PROVISION-PRIOR>                               (18,555)
<PAYMENTS-CURRENT>                                15,338
<PAYMENTS-PRIOR>                                  76,292
<RESERVE-CLOSE>                                  273,092
<CUMULATIVE-DEFICIENCY>                           18,555



</TABLE>
# William Blount: A Featured Biography

**

----

Before coming to the Senate, William Blount established a distinguished record of public service in the Revolutionary army, the North Carolina legislature, the Continental Congress, and the Constitutional Convention. Appointed in 1790 by President George Washington to be governor of the Territory South of the Ohio, Blount helped secure statehood for Tennessee. In 1796 he became one of the state's first U.S. senators. His time in the Senate was short-lived, however, due to his involvement in a plan to secure Spanish territory west of the Mississippi for the British, in an apparent effort to improve the value of his own land holdings. Blount became the first person to be expelled from the Senate, and the only senator ever impeached by the House of Representatives.

All Featured Biographies

        -  Contact 
        -  Leadership & Officers 
        -  Former Senators 
        -  Qualifications & Terms of Service 
        -  Facts & Milestones 
        -  States 

### Organizational Chart 

This chart shows the relationships among Senate leaders and officers who manage the flow of legislative and administrative business in the Senate.  

### Contact Your Senator 

Can't find your senator's name in the list of Senators?  Perhaps he or she is a member of the U.S. House of Representatives, or a Senator in your State Legislature.

### Biographical Directory 

The Directory provides information about former and current senators.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND ON
PAGES 3 & 4 OF THE COMPANY'S 10Q FOR THE YEAR TO DATE AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          OCT-31-2000
<PERIOD-START>                             MAY-01-2000
<PERIOD-END>                               JUL-31-2000
<CASH>                                         348,159
<SECURITIES>                                         0
<RECEIVABLES>                               33,376,605
<ALLOWANCES>                                         0
<INVENTORY>                                  9,419,274
<CURRENT-ASSETS>                            47,513,530
<PP&E>                                       6,107,474
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              77,611,059
<CURRENT-LIABILITIES>                       33,113,525
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,538
<OTHER-SE>                                  23,672,738
<TOTAL-LIABILITY-AND-EQUITY>                77,611,059
<SALES>                                     25,579,931
<TOTAL-REVENUES>                            25,579,931
<CGS>                                       17,443,145
<TOTAL-COSTS>                               17,443,145
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             672,671
<INCOME-PRETAX>                              2,365,894
<INCOME-TAX>                                   930,000
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<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                 1,435,894
<EPS-BASIC>                                        .17
<EPS-DILUTED>                                      .15


</TABLE>
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2361 Introduced in Senate (IS)]

  2d Session
                                S. 2361

    To amend Public Law 85-159 to strike the provision relating to 
transmission of power generated by the Niagara Power Project, New York, 
                         to neighboring States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 5, 2000

  Mr. Schumer introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
    To amend Public Law 85-159 to strike the provision relating to 
transmission of power generated by the Niagara Power Project, New York, 
                         to neighboring States.

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

SECTION 1. NIAGARA POWER PROJECT.

    (a) In General.--Subsection (b)(2) of the first section of Public 
Law 85-159 (16 U.S.C. 836(b)(2)) is amended--
            (1) by striking ``(2) The licensee'' and inserting the 
        following:
            ``(2) Neighboring states.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                licensee''; and
            (2) by adding at the end the following:
                    ``(B) Limitation.--After the date of enactment of 
                this subparagraph, the licensee shall make available 
                under subparagraph (A) for use in neighboring States, 
                by nonprofit cooperatives and public bodies that, as of 
                that date, were using less than 1 megawatt of the 
                licensee's project power, a total of 2.5 percent of the 
                licensee's project power.''.
    (b) No New Contracts.--After the date of enactment of this Act, the 
licensee for the Niagara Power Project shall not enter into any new 
contract or renew a contract for the transmission of power generated by 
the Project outside the State of New York except to comply with 
subparagraph (B) of subsection (b)(2) of the first section of Public 
Law 85-159, as amended by subsection (a).
                                 <all>
```
463 A.2d 35

#### In the Matter of L.A.C. Appeal of The City of Philadelphia Department of Public Welfare.

Argued March 23, 1983.

Denise Rae Scott-Jones, Assistant City Solicitor, for appellant; Julius B. Jackson, III, for appellee; William D. Moyer, Jr., for participating party.

Before HESTER, JOHNSON and POPOVICH, JJ.

Order affirmed.
<TABLE> <S> <C>


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<NAME>                        RANCON REALTY FUND IV
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<FISCAL-YEAR-END>                              DEC-31-1998
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<CASH>                                         1,326
<SECURITIES>                                   0
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<CURRENT-ASSETS>                               1,687
<PP&E>                                         35,259
<DEPRECIATION>                                 11,776
<TOTAL-ASSETS>                                 53,314
<CURRENT-LIABILITIES>                          911
<BONDS>                                        21,941
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     30,462
<TOTAL-LIABILITY-AND-EQUITY>                   53,314
<SALES>                                        0
<TOTAL-REVENUES>                               1,920
<CGS>                                          11
<TOTAL-COSTS>                                  973
<OTHER-EXPENSES>                               657
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             508
<INCOME-PRETAX>                                (218)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (207)
<DISCONTINUED>                                 (11)
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (218)
<EPS-PRIMARY>                                  (2.83)
<EPS-DILUTED>                                  (2.83)
        


</TABLE>
<TABLE> <S> <C>

<PAGE>
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<PERIOD-END>                               MAR-31-1998
<CASH>                                           2,595
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<CURRENT-LIABILITIES>                            4,231
<BONDS>                                         47,159
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,018
<OTHER-SE>                                     (4,514)
<TOTAL-LIABILITY-AND-EQUITY>                    69,428
<SALES>                                              0
<TOTAL-REVENUES>                                 3,469
<CGS>                                                0
<TOTAL-COSTS>                                    1,395
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,059
<INCOME-PRETAX>                                  (220)
<INCOME-TAX>                                      (83)
<INCOME-CONTINUING>                              (137)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (137)
<EPS-PRIMARY>                                   (0.04)
<EPS-DILUTED>                                   (0.04)
        

</TABLE>
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-30267

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOHN KELLY,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 3:05-CR-30040-2

Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent John Kellyhas moved

for leave to withdraw and has filed a brief in accordance with Anders v.

California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th

Cir. 2011). Kelly has not filed a response. We have reviewed counsel’s brief and

the relevant portions of the record reflected therein. We concur with counsel’s

assessment that the appeal presents no nonfrivolous issue for appellate review. 

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

United States Court of Appeals

Fifth Circuit

F I L E D

October 16, 2012

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

Case: 12-30267 Document: 00512020910 Page: 1 Date Filed: 10/16/2012
No. 12-30267

excused from further responsibilities herein, and the APPEAL IS DISMISSED. 

See 5TH CIR. R. 42.2.

2

Case: 12-30267 Document: 00512020910 Page: 2 Date Filed: 10/16/2012
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1ST SESSION CONVENES—JANUARY 3, 2023 

TARGET ADJOURNMENT— DECEMBER 15, 2023

GPO: 2022 49–898 (mac)

UnITED STATES SEnATE

118th Congress, 1st Session

2023

TEnTATIVE SCHEDULE

DICK DURBIn

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JOHn THUnE

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**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 6525** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v.
IAN HARTNEY , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern District of Virginia , at Newport News
. Mark S. Davis , District Judge. ( 4:11

- cr - 00039

- MSD

- FBS

- 1; 4:12

- cv - 00159

- MSD )

Submitted : August 28, 2014 Decided: September 2, 2014

Before WILKINSON, KING, and DUNCAN , Circuit Judges.

Dismissed by un published per curiam opinion
. Ian Hartney, Appellant Pro Se. Elizabeth Marie Yusi, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Ian Hartney seeks t o appeal the district court’s order denying relief on his 28 U.S.C. § 2255 ( 2012 ) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (B) (20 12 ). A certificate of appealabili ty will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (20 12 ). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists woul d find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural groun ds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and co nclude that Hartney has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal3 contentions are adequately presented in the materials befor e th is court and argument would not aid the decisional process.

DISMISSED
# Robert J. Dole: A Featured Biography 

**

----

Representing Kansas in the House for eight years and the Senate for more than 27 years, Bob Dole was known as a strong partisan debater and tough negotiator who also excelled at forging bipartisan alliances to enact legislation. Born on July 22, 1923, in Russell, Kansas, Dole attended the University of Kansas, playing for the basketball and football teams and running track. He joined the army and was seriously wounded during World War II, spending years undergoing rehabilitation at a military hospital. Two of his fellow patients, Daniel Inouye of Hawaii and Phil Hart of Michigan, later served with him in the Senate. Demonstrating his ability to reach across party lines, Dole joined with liberal Democrat George McGovern to reform the federal food stamp program in 1977.  He chaired the Finance Committee from 1981 to 1985 and served as Republican floor leader from 1985 until 1996, when he left the Senate to run for president. In 2000 Dole returned to the Senate to deliver a “Leader’s Lecture” to his former colleagues in the Old Senate Chamber. In 2018 Dole became only the eighth senator to receive the Congressional Gold Medal. 

All Featured Biographies

        -  Contact 
        -  Leadership & Officers 
        -  Former Senators 
        -  Qualifications & Terms of Service 
        -  Facts & Milestones 
        -  States 

### Organizational Chart 

This chart shows the relationships among Senate leaders and officers who manage the flow of legislative and administrative business in the Senate.  

### Contact Your Senator 

Can't find your senator's name in the list of Senators?  Perhaps he or she is a member of the U.S. House of Representatives, or a Senator in your State Legislature.

### Biographical Directory 

The Directory provides information about former and current senators.