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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-6426

WILLIAM TRAVIS NEWTON,

Petitioner - Appellant,

v.

HAROLD W. CLARKE, Director, Virginia Department of 

Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Arenda L. Wright Allen, 

District Judge. (2:14-cv-00081-AWA-DEM)

Submitted: August 27, 2015 Decided: October 6, 2015

Before FLOYD and HARRIS, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

David Bernard Hargett, HARGETT LAW, PLC, Glen Allen, Virginia, 

for Appellant. Alice Theresa Armstrong, OFFICE OF THE ATTORNEY 

GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

William Travis Newton seeks to appeal the district court’s 

order accepting the recommendation of the magistrate judge and 

denying relief on his 28 U.S.C. § 2254 (2012) petition. The 

order is not appealable unless a circuit justice or judge issues 

a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A)

(2012). A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2012). When the district court denies 

relief on the merits, a prisoner satisfies this standard by 

demonstrating that reasonable jurists would 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 grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the petition 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 conclude that 

Newton 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 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
II 

114TH CONGRESS 

2D SESSION S. 3460 

To amend title 54, United States Code, to provide certain limitations on 

the designation and use of national monuments. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2016 

Mr. DAINES introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To amend title 54, United States Code, to provide certain 

limitations on the designation and use of national monuments. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Local Community and 

5 Sportsmen Input in Monuments Act’’. 

6 SEC. 2. DESIGNATION AND USE OF NATIONAL MONUMENTS. 

7 Section 320301 of title 54, United States Code, is 

8 amended— 

9 (1) in subsection (a), by striking ‘‘The Presi10 dent may, in the President’s discretion,’’ and insertVerDate Sep 11 2014 22:02 Oct 06, 2016 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3460.IS S3460

sradovich on DSK3GMQ082PROD with BILLS
2 

•S 3460 IS

1 ing ‘‘Subject to subsection (e), the President may’’; 

2 and 

3 (2) by adding at the end the following: 

4 ‘‘(e) CONSULTATION AND APPROVAL REQUIRED BE5 FORE DESIGNATION.—No national monument may be des6 ignated under subsection (a) until— 

7 ‘‘(1) each county, borough, parish, or equivalent 

8 unit of local government within and adjacent to the 

9 boundaries of which the proposed national monu10 ment is to be located— 

11 ‘‘(A) has been consulted with respect to 

12 the designation; and 

13 ‘‘(B) has approved the designation; and 

14 ‘‘(2) the Governor and legislature of each State 

15 within the boundaries of which the proposed national 

16 monument is to be located has approved the pro17 posed national monument. 

18 ‘‘(f) RESTRICTIONS ON USE.— 

19 ‘‘(1) IN GENERAL.—Any national monument 

20 designated under subsection (a) shall be open to 

21 hunting, fishing, other forms of recreation, grazing, 

22 and other historic or traditional uses in accordance 

23 with applicable law, unless the Secretary concerned 

24 closes all or a portion of the national monument to 


sradovich on DSK3GMQ082PROD with BILLS
3 

•S 3460 IS

1 one or more of those uses, in accordance with the 

2 purposes of this chapter. 

3 ‘‘(2) REVIEW PERIOD.—The Secretary shall not 

4 impose any restriction on hunting, fishing, grazing, 

5 wildlife management, or other historic or traditional 

6 uses at a national monument designated under sub7 section (a) until the date of expiration of an appro8 priate review period, as determined by the Secretary, 

9 providing for, with respect to the proposed restric10 tion, the concurrence by applicable State wildlife 

11 management agencies, public input, and approval by 

12 Congress.’’. 

Æ 


sradovich on DSK3GMQ082PROD with BILLS
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Form 10-QSB,
6/30/97 and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   JUN-30-1997
<CASH>                                             453,460
<SECURITIES>                                             0
<RECEIVABLES>                                      908,873
<ALLOWANCES>                                        32,665
<INVENTORY>                                        163,193
<CURRENT-ASSETS>                                 1,643,796
<PP&E>                                           6,408,440
<DEPRECIATION>                                   1,459,645
<TOTAL-ASSETS>                                   8,535,519
<CURRENT-LIABILITIES>                            2,246,492
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                             9,239
<OTHER-SE>                                       1,106,718
<TOTAL-LIABILITY-AND-EQUITY>                     8,535,519
<SALES>                                          2,935,217
<TOTAL-REVENUES>                                 2,935,217
<CGS>                                            1,668,913
<TOTAL-COSTS>                                    2,983,034
<OTHER-EXPENSES>                                   269,493
<LOSS-PROVISION>                                    14,898
<INTEREST-EXPENSE>                                 605,786
<INCOME-PRETAX>                                 (1,986,223)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                             (1,986,223)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                    (1,986,223)
<EPS-PRIMARY>                                         (.24)
<EPS-DILUTED>                                         (.24)
        


</TABLE>
II 

114TH CONGRESS 

2D SESSION S. 3438 

To authorize the Secretary of Veterans Affairs to carry out a major medical 

facility project in Reno, Nevada. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2016 

Mr. HELLER introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

To authorize the Secretary of Veterans Affairs to carry out 

a major medical facility project in Reno, Nevada. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MAJOR MEDICAL FACILITY PROJECT OF THE 

4 DEPARTMENT OF VETERANS AFFAIRS IN 

5 RENO, NEVADA. 

6 (a) IN GENERAL.—The Secretary of Veterans Affairs 

7 may carry out a major medical facility project that con8 sists of seismic, life safety, and utilities upgrades and ex9 pansion of clinical services in Reno, Nevada, in an amount 

10 not to exceed $213,800,000. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 3438 IS

1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary of Veterans 

3 Affairs for fiscal year 2017 or the year in which funds 

4 are appropriated for the Construction, Major Projects, ac5 count $213,800,000 for the project authorized in sub6 section (a). 

7 (c) LIMITATION.—The project authorized in sub8 section (a) may only be carried out using— 

9 (1) funds appropriated for fiscal year 2017 or 

10 the year in which funds are appropriated for the 

11 Construction, Major Projects, account pursuant to 

12 the authorization of appropriations in subsection (b); 

13 (2) funds available for Construction, Major 

14 Projects, for a fiscal year before fiscal year 2017 

15 that remain available for obligation; 

16 (3) funds available for Construction, Major 

17 Projects, for a fiscal year after fiscal year 2017 that 

18 remain available for obligation; 

19 (4) funds appropriated for Construction, Major 

20 Projects, for fiscal year 2017 for a category of activ21 ity not specific to a project; 

22 (5) funds appropriated for Construction, Major 

23 Projects, for a fiscal year before fiscal year 2017 for 

24 a category of activity not specific to a project; and 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 3438 IS

1 (6) funds appropriated for Construction, Major 

2 Projects, for a fiscal year after fiscal year 2017 for 

3 a category of activity not specific to a project. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
#### GREAT NORTHERN RY. CO. v. DOLAN.

(Circuit Court of Appeals, Eighth Circuit.

March 23, 1903.)

No. 1,852.

In Error to the Circuit Court of the United States for the Northern District of Iowa.

A. F. Call and Craig L. Wright, for plaintiff in error.

Dismissed, with costs, on motion of plaintiff in error.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          10,209
<SECURITIES>                                   123,227
<RECEIVABLES>                                      138
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               133,853
<PP&E>                                          10,689
<DEPRECIATION>                                   7,027
<TOTAL-ASSETS>                                 138,250
<CURRENT-LIABILITIES>                            2,081
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           184
<OTHER-SE>                                     135,962
<TOTAL-LIABILITY-AND-EQUITY>                   138,250
<SALES>                                              0
<TOTAL-REVENUES>                                 5,513
<CGS>                                                0
<TOTAL-COSTS>                                   16,911
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (7,488)
<EPS-PRIMARY>                                    (.44)
<EPS-DILUTED>                                    (.44)
        

</TABLE>
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 22-3360

___________________________ United States of America lllllllllllllllllllll Petitioner - Appellee

v. Calvin Scott Wedington lllllllllllllllllllll Respondent - Appellant

____________ Appeal from United States District Court for the District of Minnesota

____________ Submitted: October 3, 2023 Filed: October 6, 2023 [Unpublished]

____________ Before LOKEN, SHEPHERD, and GRASZ, Circuit Judges.

____________ PER CURIAM.Federal prisoner Calvin Wedington appeals the district court’s 1 order denying

his most recent 18 U.S.C. § 4247(h) motion for discharge from his 2005 commitment under 18 U.S.C. § 4245. Following a careful review, we conclude that ample evidence supported the district court’s finding after a hearing that Wedington was in need of ongoing commitment. See 18 U.S.C. § 4245(d) ( preponderance of the evidence standard for determination of mental illness and treatment need), § 4247(h) (discharge); United States v. Bean, 373 F.3d 877, 879 (8th Cir. 2004) (finding under § 4245 is reviewed for clear error); United States v. Frierson, 208 F.3d 282, 283 (1st Cir. 2000) (commitment under § 4245 continues until earlier of expiration of sentence, determination by director of medical facility that prisoner is no longer in need of hospitalization, or determination by court by preponderance of evidence after hearing upon motion by counsel for committed person that he should be discharged). Despite Wedington’s improved symptoms and good behavior while medicated, the district court’s denial of Wedington’s motion to be discharged from commitment was supported by evidence, including the testimony of Wedington’s psychologist at FMC Devens with first hand knowledge of Wedington’s condition, that he had a history of decline upon stopping psychiatric medication, that he lacked insight into his mental illness, and that he would cease taking his schizophrenia and other medication if his commitment were lifted. Accordingly, we affirm the judgment, see 8th Cir. R. 47B, and we grant counsel’s motion to withdraw.

______________________________

1 The Honorable David S. Doty, United States District Judge for the District of Minnesota, adopting the report and recommendations of Honorable Becky R. Thorson, United States Magistrate Judge for the District of Minnesota, now retired. -2-
* 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.

United States Court of Appeals

Fifth Circuit

FILED

September 8, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50341

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RAUL SALGADO-RAMOS, also known as

Sergio Vasquez,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:04-CR-1855

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

Before KING, GARWOOD, and JOLLY, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Raul SalgadoRamos raises arguments that are foreclosed by Almendarez-Torres

v. United States, 523 U.S. 224, 235 (1998), which held that 8

U.S.C. § 1326(b)(2) is a penalty provision and not a separate

criminal offense. The Government’s motion for summary affirmance

is GRANTED, and the judgment of the district court is AFFIRMED.
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Notices]
[Page 37650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16954]


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

SMALL BUSINESS ADMINISTRATION


National Small Business Development Centers Advisory Board

AGENCY: U.S. Small Business Administration.

ACTION: Notice of open Federal Advisory Committee meetings.

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

SUMMARY: The SBA is issuing this notice to announce the location, date, 
time and agenda for the September meeting of the Federal Advisory 
Committee for the Small Business Development Centers Program. The 
meetings will be open to the public; however, advance notice of 
attendance is required.

DATES: Thursday, September 7, 2017, at 1:45 p.m. CST--In person.

ADDRESSES: Gaylord Opryland Resort & Convention Center, 2800 Opryland 
Drive Nashville, Tennessee 37214.

FOR FURTHER INFORMATION CONTACT: Monika Nixon, Office of Small Business 
Development Center, U.S. Small Business Administration, 409 Third 
Street SW., Washington, DC 20416; <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="0f62606166646e2161667760614f217c6d6e21686079">[email protected]</a>.
    If anyone wishes to be a listening participant or would like to 
request accommodations, please contact Monika Nixon at the information 
above.

SUPPLEMENTARY INFORMATION: Pursuant to section l0(a) of the Federal 
Advisory Committee Act (5 U.S.C. Appendix 2), SBA announces the 
meetings of the National SBDC Advisory Board. This Board provides 
advice and counsel to the SBA Administrator and Associate Administrator 
for Small Business Development Centers.
    The purpose of the meetings is to discuss the following issues 
pertaining to the SBDC Program:

SBA Update
Annual Meetings
Board Assignments
Member Roundtable

Richard Kingan,
Acting White House Liaison.
[FR Doc. 2017-16954 Filed 8-10-17; 8:45 am]
 BILLING CODE P


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</html>
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 985 Referred in Senate (RFS)]

  1st Session
                                H. R. 985

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2003

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 111 West Washington Street in Bowling Green, Ohio, as the ``Delbert 
                    L. Latta Post Office Building''.

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 111 
West Washington Street in Bowling Green, Ohio, shall be known and 
designated as the ``Delbert L. Latta Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Delbert L. Latta Post Office 
Building''.

            Passed the House of Representatives May 13, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Martha C. Morrison,

                                                          Deputy Clerk.
```
<PAGE>   1
                                                                    EXHIBIT 11.1



                    MOLECULAR DYNAMICS, INC. AND SUBSIDIARIES

            STATEMENT RE: COMPUTATION OF NET INCOME (LOSS) PER SHARE

                      (IN THOUSANDS, EXCEPT PER SHARE DATA)


<TABLE>
<CAPTION>
                                                    THREE MONTHS ENDED            NINE MONTHS ENDED
                                                       SEPTEMBER 30,                SEPTEMBER 30,
                                                   1996           1995           1996           1995
                                                   ----           ----           ----           ----
<S>                                               <C>           <C>             <C>           <C>      
Net income (loss)                                 $ 1,068       $ (1,535)       $ 1,985       $ (1,047)
                                                  -------       --------        -------       --------

Weighted average shares outstanding:
         Common stock                              10,074         10,149         10,100         10,090
         Common stock equivalents - options           555             --            568             --
                                                  -------       --------        -------       --------
                                                   10,629         10,149         10,668         10,090
                                                  -------       --------        -------       --------

Net income (loss) per share                       $  0.10       $  (0.15)       $  0.19       $  (0.10)
                                                  =======       ========        =======       ========
</TABLE>
ex102.htm


    Exhibit 10.2


     

    Dear Mr.
Hu, CFO of China Yingxia Incorporation:

     

     

    I would
like to send you this email to formally resign from the board of China Yingxia
Incorporation. For the last two years, the board has never really execute its
power and never function as a board. I cannot serve as an independent board
member with such nominal title.

     

    Please
forward this to Ms. Jiao Yingxia and to whoever is concerned. And this
resignation shall be in effect immediately.

     

    Please
let me know if I need do anything else to get my name off the board
list.

     

     

    Sincerely
yours,

     

    /s/
Zhaobo Wang

    
      
        
 

    

    Zhaobo
Wang
CONSENT OF KPMG PEAT MARWICK LLP

The Board of Directors and Shareholders
Wells-Gardner Electronics Corporation:

We consent to incorporation by reference in the Registration  Statements
on Form S-8 (#2-72090, #2-09137, #33-63920, #33-61535, and #33-02981) of
Wells-Gardner Electronics Corporation of  our reports dated January  30,
1998,  relating  to  the  balance  sheet  of  Wells-Gardner  Electronics
Corporation as of December 31, 1997 and 1996, and the related statements
of operations,  shareholders' equity,  and cash  flows for  each of  the
years in the three-year period ended December 31, 1997, and the  related
schedule, which reports are included in or incorporated by reference  in
the December  31,  1997 annual  report  on Form  10-K  of  Wells-Gardner
Electronics Corporation.


KPMG PEAT MARWICK LLP

Chicago, Illinois
March 25, 1998
<PAGE>
###                    CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
EXHIBIT 10.2

                              DEL WEBB CORPORATION
                  SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN NO. 2
                              LIST OF PARTICIPANTS


Larry W.  Beckner
Kimball Bannister, III
Joseph F. Contadino
John H. Gleason
LeRoy C. Hanneman, Jr.
Robertson C. Jones
Anne L. Mariucci
Helen M. McEnerney
Donald V. Mickus
John M.  Murray
Frank D. Pankratz
Scott J. Peterson
David E. Rau
Charles T. Roach
David G. Schreiner
M. Lynn Schuttenberg
John A. Spencer
Richard L. Vandermeer - received lump-sum payment 5/1/99 - no more benefits owed
Robert R. Wagoner
J. Dennis Wilkins