Filed Order Dismissing Appeal. "ORDER this appeal DISMISSED." NNP06-MD/NB/RP

Filed Order Dismissing Appeal. Order Dismissing in Part, Affirming in Part, Reversing in Part, and Remanding. We have elected to consolidate these appeals for disposition. ''We dismiss the appeal in Docket No. 40055 as moot, we vacate the district court''s habitual criminal adjudication.'' ORDER the judgment of the district court in Docket No. 41162 AFFIRMED IN PART, REVERSED IN PART AND REMANDED for proceedings consistent with this order. fn13[We have reviewed all documents that Ruffin has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that Ruffin has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance. We express no view respecting the validity of the district court''s prior habitual criminal adjudication. This decision constitutes our final resolution of these matters. Any appeal from the district court''s decision on remand shall be docketed as a new and separate matter.] SNP04S-MS/RR/WM. Nos. 40055/41162.