alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2007082EN.01003403.xml

| 14.4.2007 | EN | Official Journal of the European Union | C 82/34 |
| --- | --- | --- | --- |

14.4.2007

EN

Official Journal of the European Union

C 82/34

---

Judgment of the Court of First Instance of 14 February 2007 — Simões Dos Santos v OHIM

(Case T-435/04) (1)

1

(Staff case - OHIM officials and temporary staff - Reports and promotion - Merit points reset at zero and their total recalculated - Transitional arrangements - Action for annulment - Plea of illegality - Non-retroactivity - Principles of legality and legal certainty - Legal basis - Legitimate expectations - Equal treatment)

(2007/C 82/76)

Language of the case: French

Parties

Applicant: Manuel Simões Dos Santos (Madrid, Spain) (represented by: A. Creus Carreras, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero, agent, and D. Waelbroeck, lawyer)

Defendant:

Re:

Application for annulment, first, of OHIM's decision of 7 July 2004 rejecting the applicant's complaint of 11 March 2004 and, secondly, of OHIM's decision of 15 December 2003 establishing the cumulative total of the applicant's merit points under the 2003 promotion procedure and of the Joint Evaluation Board's opinion of 12 December 2003.

Operative part of the judgment

The Court:

| 1. | annuls OHIM's decision of 15 December 2003 definitively allocating merit points under the 2003 promotion procedure to the applicant and OHIM's decision of 7 July 2004 rejecting the applicant's complaint of 11 March 2004 in so far as they entail a finding that the balance of the applicant's merit points has disappeared, as acknowledged by decision PERS-PROM-39-03rev1 on promotion, of 30 March 2004; |
| --- | --- |

1.

annuls OHIM's decision of 15 December 2003 definitively allocating merit points under the 2003 promotion procedure to the applicant and OHIM's decision of 7 July 2004 rejecting the applicant's complaint of 11 March 2004 in so far as they entail a finding that the balance of the applicant's merit points has disappeared, as acknowledged by decision PERS-PROM-39-03rev1 on promotion, of 30 March 2004;

| 2. | dismisses the action as to the remainder; |
| --- | --- |

2.

dismisses the action as to the remainder;

| 3. | orders OHIM to pay the costs. |
| --- | --- |

3.

orders OHIM to pay the costs.

---

(1)  OJ C 6, 8.1.2005.

1

---
§ 2.25 Requirements and procedures. ( a ) Each carrier and intermediate handler, and each exhibitor not required to be licensed under section 3 of the Act and the regulations of this subchapter, shall register with the Secretary by completing and filing a properly executed form which will be furnished, upon request, by the Deputy Administrator. The registration form shall be filed with the Deputy Administrator for the State in which the registrant has his or her principal place of business, and shall be updated every 3 years by the completion and filing of a new registration form which will be provided by the Deputy Administrator.
( b ) A subsidiary of a business corporation, rather than the parent corporation, will be registered as an exhibitor unless the subsidiary is under such direct control of the parent corporation that the Secretary determines that it is necessary that the parent corporation be registered to effectuate the purposes of the Act.
( c ) No registrant or person required to be registered shall interfere with, threaten, abuse (including verbally abuse), or harass any APHIS official who is in the course of carrying out his or her duties.
(Approved by the Office of Management and Budget under control numbers 0579-0036 and 0579-0486) [54 FR 36147, Aug. 31, 1989, as amended at 63 FR 62926, Nov. 10, 1998; 69 FR 42101, July 14, 2004; 85 FR 28797, May 13, 2020; 88 FR 10713, Feb. 21, 2023]
United States Court of Appeals

For the Eighth Circuit 

___________________________

No. 23-3494

___________________________ 

United States of America

 Plaintiff - Appellee

v.

Channing Tyler Williams

 Defendant - Appellant

____________

Appeal from United States District Court 

for the Western District of Missouri - Jefferson City

____________ 

Submitted: July 15, 2024

Filed: July 19, 2024

[Unpublished] 

____________ 

Before KELLY, GRASZ, and STRAS, Circuit Judges. 

____________

PER CURIAM.

After pleading guilty to a firearms charge, Channing Williams received a 120-

month prison sentence. See 18 U.S.C. § 922(g)(1). An Anders brief suggests the 

sentence is procedurally and substantively flawed. See Anders v. California, 386 

U.S. 738 (1967).
-2- 

We conclude otherwise. The district court1 correctly determined that 

Williams’s prior conviction for exhibiting a lethal weapon, see Mo. Rev. Stat. 

§ 571.030.1(4), was a crime of violence. See United States v. Larry, 51 F.4th 290, 

291–92 (8th Cir. 2022); see also U.S.S.G. § 2K2.1(a)(1). It then calculated the 

advisory range, selected a sentence, and explained its reasoning. See United States 

v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (reviewing the 

reasonableness of a sentence for an abuse of discretion). In doing so, the court 

sufficiently considered the statutory sentencing factors, 18 U.S.C. § 3553(a), and did 

not rely on an improper factor or commit a clear error of judgment. See United 

States v. McDaniels, 19 F.4th 1065, 1067 (8th Cir. 2021) (per curiam) (explaining 

that the district court has “wide latitude to weigh the relevant sentencing factors” 

and “weighing [them] differently than a defendant would have preferred does not 

alone justify reversal” (citation omitted)).

We have also independently reviewed the record and conclude that no other 

non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). We 

accordingly affirm the judgment of the district court and grant counsel permission 

to withdraw.

______________________________

1

The Honorable Roseann A. Ketchmark, United States District Judge for the 

Western District of Missouri.
§ 115.51 Detainee reporting. ( a ) The agency and each facility shall develop policies and procedures to ensure that detainees have multiple ways to privately report sexual abuse, retaliation for reporting sexual abuse, or staff neglect or violations of responsibilities that may have contributed to such incidents. The agency and each facility shall also provide instructions on how detainees may contact their consular official, the DHS Office of the Inspector General or, as appropriate, another designated office, to confidentially and, if desired, anonymously, report these incidents.
( b ) The agency shall also provide, and the facility shall inform the detainees of, at least one way for detainees to report sexual abuse to a public or private entity or office that is not part of the agency, and that is able to receive and immediately forward detainee reports of sexual abuse to agency officials, allowing the detainee to remain anonymous upon request.
( c ) Facility policies and procedures shall include provisions for staff to accept reports made verbally, in writing, anonymously, and from third parties and to promptly document any verbal reports.
### **CHAPTER 825—ADMINISTRATION**

Sec.
8211.
Navy Regulations.
8212.
Additional regulations for Marine Corps.
8213.
Enlisted grades and ratings: authority to establish.
8214.
Enlisted members: authority for transfer between Marine Corps and Hospital Corps of the Navy.
8215.
Citizenship of officers of vessels.
8216.
Aviation duties: number of personnel assigned.
8217.
Aviation training facilities.
8218.
Aviation designations: naval flight officer.
8219.
Medical Department: composition.
8220.
Dental services: responsibilities of senior dental officer.
8221.
Chaplains: divine services.
8222.
Indebtedness to Marine Corps Exchanges: payment from appropriated funds in certain cases.
8225.
Female members: congressional review period for assignment to duty on submarines or for reconfiguration of submarines.
8226.
Fatality reviews.
8227.
Notifications on manning of afloat naval forces.

#### **Editorial Notes**

#### Amendments

**2022**—Pub. L. 117–263, div. A, title V, §592(d)(2), Dec. 23, 2022, 136 Stat. 2612, added item 8227.

**2018**—Pub. L. 115–232, div. A, title VIII, §807(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 555 of this title as this chapter and items 6011 to 6014, 6019, 6021, 6022, 6024, 6027, 6029, 6031, 6032, 6035, and 6036 as 8211 to 8222, 8225, and 8226, respectively.

**2003**—Pub. L. 108–136, div. A, title V, §576(b)(2), Nov. 24, 2003, 117 Stat. 1487, added item 6036.

**2000**—Pub. L. 106–398, §1 [[div. A], title V, §573(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–136, added item 6035.

**1994**—Pub. L. 103–337, div. A, title XVI, §1673(b)(3), Oct. 5, 1994, 108 Stat. 3016, struck out items 6017 "Retired list for Reserve members entitled to retired pay" and 6034 "Regulations for retired pay based on service in the Reserve".

**1993**—Pub. L. 103–160, div. A, title V, §541(b), Nov. 30, 1993, 107 Stat. 1659, struck out item 6015 "Women members: duty; qualifications; restrictions".

**1980**—Pub. L. 96–513, title V, §503(43), Dec. 12, 1980, 94 Stat. 2914, struck out items 6018 "Naval officers: shore duty; limitations" and 6028 "Medical Service Corps: composition".

**1972**—Pub. L. 92–310, title II, §204(c), June 6, 1972, 86 Stat. 203, struck out item 6026 "Supply Corps officers: bonds".

**1971**—Pub. L. 92–168, §2(3), Nov. 24, 1971, 85 Stat. 489, struck out items 6023 "Aviation designations: naval aviator," and 6025 "Aviation designations: aviation pilot".

**1970**—Pub. L. 91–198, §1(3), Feb. 26, 1970, 84 Stat. 15, substituted "naval flight officer" for "naval aviation observer" in item 6024.

**1968**—Pub. L. 90–235, §7(a)(5), Jan. 2, 1968, 81 Stat. 763, struck out item 6033 "Woman member: definition of dependents".

**1967**—Pub. L. 90–130, §1(22), Nov. 8, 1967, 81 Stat. 380, struck out item 6030 "Nurse Corps officers: authority".

**1961**—Pub. L. 87–123, §5(24), Aug. 3, 1961, 75 Stat. 266, struck out item 6020 "Marine Corps officers: detail to duty in Supply Department".

**1958**—Pub. L. 85–861, §1(135), Sept. 2, 1958, 72 Stat. 1507, struck out item 6016 "Retired officers carried on Navy Register".
§ 306.4 Assignment of Program employees where members of family employed; soliciting employment; procuring product from official establishments. ( a ) Except as specifically authorized by the Administrator, no Program employee shall be detailed for duty at an establishment where any member of his family is employed by the operator of the establishment, or any tenant or subsidiary of such operator nor shall any circuit supervisor or other employee acting in a supervisory capacity be continued on duty at a circuit where any member of his family is so employed at any establishment under his jurisdiction. Program employees are forbidden to solicit, for any person, employment at any official establishment, or by any officer, manager, or employee thereof.
( b ) Program employees shall not procure product from any official establishment or any other establishment if its operations or products are inspected or regulated under the Poultry Products Inspection Act or the Agricultural Marketing Act of 1946, as amended, or any other law administered by the Department unless the store or outlet from which the purchase is made is open to the general public and the price paid by such employee is the same as the price paid by the general public. Program employees must pay, and obtain receipts for money paid to such establishments for all such product and keep such receipts subject to inspection by supervisory employees or other authorized Department employees.
#### § 114.10 Antibiotics as preservatives.

Antibiotics are authorized for use as preservatives for biological products if used within the limitations as to kinds and amounts prescribed in this section.

(a) When an antibiotic or combination of antibiotics, with or without a fungistat is to be used in the preparation of a biological product, the kind(s) and amount(s) of each shall be specified in the outline for such product in such a way that the concentration in the final product may be calculated. Except as may be approved by the Administrator, only those individual antibiotics or combinations of antibiotics listed in paragraphs (b) and (c) of this section shall be used.

(b) Permitted individual antibiotics:

(1) The antibiotic level of a specified individual antibiotic in one ml. of a biological product, when prepared as recommended for use, shall not exceed the amounts listed in this paragraph: *Provided,* That in the case a desiccated biological product is to be used with an indefinite quantity of water or other menstruum, the determination shall be based on 30 ml. per 1,000 dose vial or equivalent.

(2) Except as prescribed in paragraph (c) of this section, only one antibiotic shall be used as a preservative in a biological product. The kind and maximum amount per ml. of such antibiotic shall be restricted to:

| Amphotericin B | 2.5 mcg. |
| --- | --- |
| Nystatin (Mycostatin) | 30.0 units |
| Tetracyclines | 30.0 mcg. |
| Penicillin | 30.0 units |
| Streptomycin | 30.0 mcg. |
| Polymyxin B | 30.0 mcg. |
| Neomycin | 30.0 mcg. |
| Gentamicin | 30.0 mcg. |

(c) Permitted combinations:

(1) Penicillin and streptomycin.

(2) Either amphotericin B or nystatin, but not both, may be used with one of the other antibiotics listed in paragraph (b) of this section, or with a combination of penicillin and streptomycin, or with a combination of polymyxin B and neomycin.

(3) The maximum amount of each antibiotic in a combination shall be the amount prescribed for such antibiotic in paragraph (b) of this section.

(d) Antibiotics used in virus seed stock purification are not restricted as to kind or amounts provided carryover into the final product is controlled and specified in outlines of production.

[39 FR 16869, May 10, 1974, as amended at 56 FR 66784, Dec. 26, 1991]
MEMEINSIM=IiiIIMMNBM 

cc: Hon. Robert W. Lane, District Judge 

McDonald Adras LLC 

Nye County District Attorney 

Attorney General/Carson City 

Nye County Clerk 

Donald Ray Deloney 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A 

2
[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Notices]
[Page 12788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5203]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[FTA Docket No. FTA-2011-0014]


Agency Information Collection Activity Under OMB Review

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Request (ICR) abstracted below is forwarded to the Office of 
Management and Budget OMB) for review and comments. A Federal Register 
Notice with a 60-day comment period soliciting comments on the 
following information collection was published on December 8, 2010 
(Citation 75 FR 76518). No comments were received from that notice.

DATES: Comments must be submitted before April 7, 2011. A comment to 
OMB is most effective if OMB receives it within 30 days of publication.

FOR FURTHER INFORMATION CONTACT: Sylvia L. Marion, Office of 
Administration, Office of Management Planning, (202) 366-6680.

SUPPLEMENTARY INFORMATION: 
    Title: Survey of FTA Stakeholders (OMB Number: 2132-0564).
    Abstract: Executive Order 12862, ``Setting Customer Service 
Standards,'' requires FTA to identify its customers and determine what 
they think about FTA's service. The survey covered in this request will 
provide FTA with a means to gather data directly from its stakeholders. 
The information obtained from the survey will be used to assess how 
FTA's services are perceived by stakeholders, determine opportunities 
for improvement and establish goals to measure results. The survey will 
be limited to data collections that solicit voluntary opinions and will 
not involve information that is required by regulations.
    Estimated Total Annual Burden: 1,200 hours.

ADDRESSES: All written comments must refer to the docket number that 
appears at the top of this document and be submitted to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street, NW., Washington, DC 20503, Attention: FTA Desk 
Officer.
    Comments are Invited on: Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Department, including whether the information will have practical 
utility; the accuracy of the Department's estimate of the burden of the 
proposed information collection; ways to enhance the quality, utility, 
and clarity of the information to be collected; and ways to minimize 
the burden of the collection of information on respondents, including 
the use of automated collection techniques or other forms of 
information technology.


    Issued on: March 2, 2011.
Ann M. Linnertz,
Associate Administrator for Administration.
[FR Doc. 2011-5203 Filed 3-7-11; 8:45 am]
BILLING CODE 4910-57-P
### [§142. Repealed. Pub. L. 105–113, §3(a), Nov. 21, 1997, 111 Stat. 2275]

Section, acts Aug. 31, 1954, ch. 1158, 68 Stat. 1020; Aug. 28, 1957, Pub. L. 85–207, §10, 71 Stat. 483; Mar. 15, 1976, Pub. L. 94–229, §1, 90 Stat. 210; Oct. 27, 1986, Pub. L. 99–544, §1(a), 100 Stat. 3046, provided that Secretary of Commerce take periodic censuses of agriculture and irrigation.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Repeal effective Oct. 1, 1998, see section 3(d) of Pub. L. 105–113, set out as an Effective Date of 1997 Amendment note under section 1991 of Title 7, Agriculture.

#### 1997 Census of Agriculture

Pub. L. 105–86, title I, Nov. 18, 1997, 111 Stat. 2083, provided in part: "That, notwithstanding any other provision of law, the Secretary of Agriculture shall conduct the 1997 Census of Agriculture, to the extent practicable, pursuant to the provisions of title 13, United States Code."
# C_2007082EN.01002703.xml

| 14.4.2007 | EN | Official Journal of the European Union | C 82/27 |
| --- | --- | --- | --- |

14.4.2007

EN

Official Journal of the European Union

C 82/27

---

Order of the President of the Fifth Chamber of the Court of 30 January 2007 — Commission of the European Communities v Republic of Austria

(Case C-91/06) (1)

1

(2007/C 82/53)

Language of the case: German

Language of the case: German

The President of the Fifth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 96, 22.4.2006.

1

---
# C_2006303EN.01008801.xml

| 13.12.2006 | EN | Official Journal of the European Union | C 303/88 |
| --- | --- | --- | --- |

13.12.2006

EN

Official Journal of the European Union

C 303/88

---

Non-opposition to a notified concentration

(Case COMP/M.4452 — SWISS RE/GE LIFE)

(Text with EEA relevance)

(2006/C 303/32)

On 6 December 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32006M4452. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4452. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---
U.S. Bank, N.A. as Trustee for 

Citigroup Mortgage Loan 

Trust, Inc. 2006-HE3, AssetBacked Pass-Through 

Certificates Series 2006-

HE3Appellee/s

Fourth Court of Appeals

San Antonio, Texas

November 4, 2015

No. 04-15-00546-CV

Juanita Gonzales GARCIA, et al.,

Appellants

v.

U.S. BANK, N.A. AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, INC. 

2006-HE3, ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2006-HE3,

Appellee

From the County Court At Law No. 10, Bexar County, Texas

Trial Court No. 2015CV01889

Honorable Timothy Johnson, Judge Presiding

O R D E R

Appellant’s brief was due on October 23, 2015. See TEX. R. APP. P. 38.6(a). To date, 

Appellant has not filed a brief or a motion for extension of time to file the brief. See id. R. 

38.6(d). 

Therefore, we ORDER Appellant to show cause in writing within TEN DAYS from the 

date of this order why this appeal should not be dismissed for want of prosecution. See id.

R. 38.8(a), 42.3(b), (c).

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 4th day of November, 2015.

___________________________________

Keith E. Hottle

Clerk of Court
### §3746. Promotion; acceptance; oath of office

(a) A Reserve officer who has been appointed under this subchapter is considered to have accepted the appointment unless delivery thereof cannot be effected.

(b) A Reserve officer who has served continuously since taking the oath of office prescribed in section 3331 of title 5, is not required to take a new oath of office upon appointment in a higher grade.

(Added Pub. L. 96–322, §1, Aug. 4, 1980, 94 Stat. 1012, §735; renumbered §3746, Pub. L. 115–282, title I, §118(b), Dec. 4, 2018, 132 Stat. 4233.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 797 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.

#### Amendments

2018—Pub. L. 115–282 renumbered section 735 of this title as this section.
Lead Designation Letter: Follow-up

Richard Ruvo to

:

Nieves Miranda, Pedro J. 

Cc

:

"Sierra Torres, Luis R.", Ariel Iglesias, Jose Font, Teresita Rodriguez, Kevin Bricke, Raymond Werner, Mazeeda Khan, Henry Feingersh,

Rhonda Wright, Rhea Jones, Phil Lorang, Elias Rodriguez 

Dear President:

We would like to make a clarification regarding the letter sent to the Governor yesterday.

It is our understanding you intend to submit additional technical information during the comment period to support 

modifications to the nonattainment area boundary. We will be happy to consider this information as we prepare final 

decisions for this area. EPA plans to promulgate the final designations by October 14, 2011.

Please let me know if you have any questions.

Thanks, Rick

Richard Ruvo

State Implementation Planning (SIP) Section Chief

Air Programs Branch

USEPA Region 2

212-637-4014