alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 6176

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. LARRY LAVONNE BERRY , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. Louise W. Flanagan , District Judge. ( 5:08

- cr - 00247

- FL

- 1; 5:18

- cv - 00268

- FL )

Submitted : June 22, 2023 Decided: June 26, 2023

Before HARRIS and HEYTENS , Circuit Judges , and TRAXLER, Senior Circuit Judge

.
Dismissed by un published per curiam opinion

. Larry Lavonne Berry, Appellant Pro Se. Kristine L. Fritz, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 20-6176 Doc: 20 Filed: 06/26/2023 Pg: 1 of 22 PER CURIAM: Larry Lavonne Berry seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on Berry ’s 28 U. S.C. § 2255 motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B). A certificate of appealability will not issue absent “a substantial showing of the denial of a consti tutional right.” 28 U.S.C. § 2253(c)(2). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis , 580 U.S. 100, 115

- 17 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the motion states a debatable claim of th e denial of a constitutional right. Gonzalez v. Thaler , 565 U.S. 134, 140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000)). We have independently reviewed the record and conclude that Berry 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 legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED USCA4 Appeal: 20-6176 Doc: 20 Filed: 06/26/2023 Pg: 2 of 2
MAILING ADRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop #1621 Washington, DC 20040 Tel: 202.632.7003 Fax: 

202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK; Oklahoma City, OK; Rapid City, SD

WWW.NIGC.GOV

July 26, 2021

Via First Class Mail and Email

Jamie Azure

Tribal Chairman

Turtle Mountain Band of Chippewa Indians

4180 Highway 281

P.O. Box 900

Belcourt, ND 58316

Re: Resolution TMBC427-04-21 – Amendment to Gaming Ordinance

Dear Chairman Azure:

This letter responds to the Turtle Mountain Band of Chippewa Indians’ request sent on June 16, 

2021, for the National Indian Gaming Commission Chairman to review and approve a gaming ordinance 

amendment. Resolution TMBC427-04-21 amends Section 25.0203 of the Band’s Gaming Code (Title 25) 

by raising the salary threshold for Key Employees to mirror 25 C.F.R. § 502.14(b). 

The gaming ordinance amendment is approved as it is consistent with the requirements of the 

Indian Gaming Regulatory Act and NIGC regulations. As a reminder, pursuant to 25 C.F.R. § 522.3(a), 

the Tribe must submit ordinance amendments within 15 days after adoption to the NIGC Chairman. If 

you have any questions concerning this letter or the ordinance review process, please contact Steve 

Iverson at (202) 280-8097.

Sincerely,

E. Sequoyah Simermeyer

Chairman

cc: Lorraine Laverdure

Marty Davis
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                           0000825247
<NAME>                          Enex Oil & Gas Income Program III-Series 5,L.P.
       
<S>                             <C>
<PERIOD-TYPE>                   9-mos
<FISCAL-YEAR-END>                              dec-31-1996
<PERIOD-START>                                 jan-01-1996
<PERIOD-END>                                   sep-30-1996
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  42419
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               46075
<PP&E>                                         3480304
<DEPRECIATION>                                 3284074
<TOTAL-ASSETS>                                 242305
<CURRENT-LIABILITIES>                          136786
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     105519
<TOTAL-LIABILITY-AND-EQUITY>                   242305
<SALES>                                        283979
<TOTAL-REVENUES>                               283979
<CGS>                                          162937
<TOTAL-COSTS>                                  388811
<OTHER-EXPENSES>                               32095
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (71588)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        

</TABLE>
[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Page 28663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14259]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / 
Notices

[[Page 28663]]



DEPARTMENT OF AGRICULTURE

Rural Housing Service


Notice of Funds Availability for the Section 533 Housing 
Preservation Grants for Fiscal Year 2009

AGENCY: Rural Housing Service, USDA.

ACTION: Notice; correction.

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

SUMMARY: In notice document Z9-10645 beginning on page 26365 in the 
issue of Tuesday June 2, 2009, make the following corrections:
    In the second and third column, the list of State Offices, 
addresses, telephone numbers, and contact persons is reprinted to read 
as set forth below:

Florida & Virgin Islands State Office, 4440 NW. 25th Place, 
Gainesville, Florida 32606-6563, (352) 338-3465, TDD (352) 338-3499, 
Tresca Clemmons.
Michigan State Office, 3001 Coolidge Road, Suite 200, East Lansing, 
Michigan 48823, (517) 324-5199, TDD (517) 337-6795, Ghulam Sumbal.
New Mexico State Office, 6200 Jefferson Street, NE., Room 255, 
Albuquerque, New Mexico 87109, (505) 761-4944, TDD (505) 761-4938, 
Susan Guana.

FOR FURTHER INFORMATION CONTACT: Bonnie Edwards-Jackson, Finance and 
Analyst, Multi-Family Housing Preservation and Direct Loan Division, 
USDA Rural Development, Stop 0781, 1400 Independence Avenue, SW., 
Washington, DC, 20250-0781, telephone (202) 690-0759 (voice) (this is 
not a toll free number) or (800) 877-8339 (TDD-Federal Information 
Relay Service) or via e-mail at <a href="/cdn-cgi/l/email-protection#6a28050404030f442f0e1d0b180e192a1d0e09441f190e0b440d051c"><span class="__cf_email__" data-cfemail="45072a2b2b2c206b00213224372136053221266b303621246b222a33">[email protected]</span></a>.

    Dated: June 10, 2009.
Tammye Trevino,
Administrator, Rural Housing Service.
[FR Doc. E9-14259 Filed 6-16-09; 8:45 am]
BILLING CODE 3410-XV-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
**Exhibit 23.1**

**Consent of Independent Registered Public Accounting Firm**

The Board of Directors 

ARAMARK Corporation: 

We consent to the incorporation by reference in theregistration statements (Nos. 333-143232 and 333-143233) on Form S-8 of ARAMARK Corporation and subsidiaries of our report dated December 12, 2008, with respect to the consolidated balance sheets of ARAMARK Corporation and subsidiaries as ofOctober 3, 2008 and September 28, 2007 (Successor Periods), and the related consolidated statements of income, cash flows and shareholder’s equity for the fiscal year ended October 3, 2008 (Successor Period), the period fromJanuary 27, 2007 through September 28, 2007 (Successor Period), the period from September 30, 2006 through January 26, 2007 (Predecessor Period) and for the fiscal year ended September 29, 2006 (Predecessor Period) and therelated financial statement schedule, which report appears in the October 3, 2008, annual report on Form 10-K of ARAMARK Corporation. 

Our auditreport on the consolidated financial statements notes that the Company was acquired through a merger transaction with RMK Acquisition Corporation in a business combination accounted for as a purchase during 2007. As a result of the acquisition, theconsolidated financial information for periods after the acquisition is presented on a different cost basis than that for the periods before the acquisition and, therefore, is not comparable. Also, our report refers to accounting changes as a resultof the adoption of Statement of Financial Accounting Standard (SFAS) No. 158, *Employers’ Accounting for Defined Benefit Pension and Other Retirement Plans,* and Financial Accounting Standards Board Interpretation (FIN)No. 48*, Accounting for Uncertainty in Income Taxes.*

/s/ KPMG LLP 

Philadelphia, Pennsylvania 

December 12, 2008
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               DEC-31-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                            6,259
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,505
<OTHER-SE>                                     (7,764)
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 1,037
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (1,037)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,037)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,037)
<EPS-PRIMARY>                                   (0.00)
<EPS-DILUTED>                                   (0.00)
        

</TABLE>
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-16-00026-CR

BRYAN KEITH ROBERTS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 188th District Court

Gregg County, Texas

Trial Court No. 45160-A

Before Morriss, C.J., Moseley and Burgess, JJ.
2

O R D E R

Court reporter Grelyn Freeman recorded the trial proceedings in appellate cause number 

06-16-00026-CR, styled Bryan Keith Roberts v. The State of Texas, trial court cause number 

45160-A, on appeal from the 188th Judicial District Court of Gregg County, Texas. The reporter’s 

record was originally due in this matter on June 23, 2016, and that due date was incorporated into 

a scheduling order issued by this Court on April 26, 2016. In that order, we cautioned Freeman 

that “only truly extraordinary circumstances will justify further extensions of time” in any of the 

matters subject to the order. Freeman has filed a motion for extension of time seeking an additional 

thirty days in which to complete the record in this case based on an estimated record length of 

1,700 pages. Because the record in this case was previously subject to our April 26 scheduling 

order, we deny the requested extension.

The Texas Rules of Appellate Procedure establish that “trial and appellate courts are jointly 

responsible for ensuring that the appellate record is timely filed.” TEX. R. APP. P. 35.3(c). The 

Rules further instruct that an “appellate court may enter any order necessary to ensure the timely 

filing of the appellate record.” Id. In furtherance of our responsibilities established by the Rules, 

we find we must take steps to ensure that the record in this case is filed in a reasonable amount of 

time.

Therefore, we overrule Freeman’s request for an extension of the filing deadline and order 

her to file the reporter’s record in cause number 06-16-00026-CR, styled, Bryan Keith Roberts v. 

The State of Texas, trial court cause number 45160-A, on appeal from the 188th Judicial District 
3

Court of Gregg County, Texas, to be received by this Court no later than the close of business on 

Monday, July 25, 2016.

If the reporter’s record is not received by July 25, we warn Freeman that we may begin 

contempt proceedings and order her to demonstrate why she should not be held in contempt of this 

Court for failing to obey its order.

IT IS SO ORDERED.

BY THE COURT

Date: June 23, 2016
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM GULF
EXPLORATION CONSULTANTS, INC. FORM 10-Q FOR THE PERIOD ENDED MARCH 31,
1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           2,880
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 2,880
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   2,880
<CURRENT-LIABILITIES>                           71,012
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        19,911
<OTHER-SE>                                    (88,043)
<TOTAL-LIABILITY-AND-EQUITY>                     2,880
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                    4,255
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (4,255)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (4,255)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,255)
<EPS-PRIMARY>                                      .20
<EPS-DILUTED>                                      .20
        

</TABLE>
#### The People of the State of New York, Respondent, v Merlin G. Sage, Appellant.

Submitted May 20, 2013;

decided May 30, 2013

Motion for assignment of counsel granted and Timothy R Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.
#### Catchpole *et al. v.*Pulsifer.

*(Circuit Court, N. D. New York.*

August 3, 1888.)

Patents for Inventions—Infringement—Base-Burning Steam Generator.

Letters patent Ño. 132,360 for an improvement in base-burning steam generators, of which the distinguishing feature is a centrally located coal reservoir extending downwards into the fire-box, and protected from the destructive action of the heat by a surrounding water-space connected by tubes with the water-space surrounding the fire-box, are not infringed by defendant’s device, wherein the reservoir extends to, hut not into, the furnace or firebox, there being no water-jacket surrounding the reservoir.

In Equity. Bill to restrain infringement of letters patent.

*O. H. Duett,*for complainants.

*Frederick I. Allen,*for defendant.

Coxe, J.

The complainants’ patent, No. 122,860, is for an improvement in base-burning steam generators. Its distinguishing feature is a centrally located coal reservoir extending downwards into the fire-box. This reservoir is protected from the destructive action of heat by a surrounding water-space at its lower extremity. Tubes connect this water-space with the water-space surrounding the fire-box. A constant circulation of water is thus established. The claims alleged to be infringed are as follows:

> “(2) The water-space, *d,*around that portion of the coal reservoir projecting into the furnace, for the purposes set forth.

> “(3) The circulating tubes, *e,*in combination with the water-spaces, *d*and *cl',*operating substantially as described. ”

The first claim is for the water-space surrounding the lower portion of the coal reservoir, which projects into the furnace. The description and drawings clearly show the reservoir extending into the fuel-chamber, which is expressly called the “fire-box” in the specification. There is no justification for a construction which makes the claims embrace a reservoir provided with a water-jacket which is surrounded by heat simply, or by what the complainants’ expert witness terms “a combustion chamber.” The reservoir must extend into the fire-box. The third claim is for a combination, one element of which is the water-jacket around the projecting reservoir. It is quite clear that neither claim is infringed unless the defendant’s apparatus has this element. His reservoir extends to, but not into, the furnace. He has no water-jacke't surrounding the reservoir within the fire-box, to protect the reservoir from destruction by heat. Located as it is, it needs no such protection. The spaces which the complainants seek to include in the defendant’s fire-box are no more a part of it than the fire-tubes shown in the drawings are a part of their fire-box. As the defendant does not infringe, the hill must be dismissed, with costs.
QUEST PRODUCTS CORPORATION

                                  Exhibit 99.2

                            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 of Quest Products Corporation (the
"Company") on Form 10-QSB for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Herbert
M. Reichlin, CFO of the Company, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 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/ Herbert M. Reichlin
                                                     ---------------------------
                                                     Herbert M. Reichlin
                                                     Chief Financial Officer

                                                     May 12, 2003
Exhibit 21

SUBSIDIARIES OF CONSTELLATION ENERGY GROUP, INC.*

|                                                     |  | Jurisdiction
of
Incorporation
|---------------------------------------------------- |  | -----------------------------
|Baltimore Gas and Electric Company.                  |  | Maryland                     
|Constellation Holdings, Inc.                         |  | Maryland                     
|Constellation Investments, Inc.                      |  | Maryland                     
|Constellation Power, Inc.                            |  | Maryland                     
|Constellation Real Estate Group, Inc.                |  | Maryland                     
|Constellation Enterprises, Inc.                      |  | Maryland                     
|Constellation Energy Commodities Group, Inc.         |  | Delaware                     
|Constellation Energy Projects & Services Group, Inc. |  | Delaware                     
|Safe Harbor Water Power Corporation                  |  | Pennsylvania                 
|BGE Home Products & Services, Inc.                   |  | Maryland                     
|CEG Acquisition, LLC                                 |  | Delaware                     
|Constellation NewEnergy, Inc                         |  | Maryland                     
|Constellation Generation Group, LLC                  |  | Maryland                     
|Calvert Cliffs Nuclear Power Plant, Inc.             |  | Maryland                     
|Constellation Nuclear Services, Inc.                 |  | Maryland                     
|Constellation Power Source Generation, Inc.          |  | Maryland                     
|Constellation Power Source Holdings, Inc.            |  | Maryland                     
|BGE Capital Trust II                                 |  | Delaware                     
|Nine Mile Point Nuclear Station, LLC                 |  | Delaware                     
|R. E. Ginna Nuclear Power Plant, LLC                 |  | Maryland                     



---





QuickLinks
#### Cynthia A. Bell, Appellant, v 24-26 East 82nd Street Corporation et al., Respondents.

Submitted April 30, 2012;

decided June 7, 2012

Motion for reargument denied [see 18 NY3d 917 (2012)].