alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 51175.

#### Protests 55667-K, etc., of Frank Mosca, Inc., et al. (New York).

Opinion by

Keefe, J.

In accordance v ith stipulation of counsel and following the decisions cited the following allowances were made to compensate for the weight of the inedible substance on the outside of the cheese: (1) 2J4 percent for the cheese similar in all' material respects to that the subject of *Scaramelli*v. *United States*(9 Cust. Ct. 270, C. D. 706), Abstract 42146, and Abstract 48269; and (2) 1 percent for the cheese similar to the Reggiano cheese the subject of *Scaramelli*v. *United States, supra.*The protests were sustained to this extent.
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-41048

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ARTURO REYNOSO-ORTIZ,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-98-CR-417-1

- - - - - - - - - -

July 23, 1999

Before HIGGINBOTHAM, JONES, and BARKSDALE, Circuit Judges.

PER CURIAM:*

 Arturo Reynoso-Ortiz appeals the sentence imposed by the

district court after he pleaded guilty to illegally transporting

aliens within the United States. He argues that the district

court erred by declining to award him a three-level reduction

pursuant to U.S.S.G. § 2L1.1(b)(1) because he committed the

offense in return for his own transportation into the U.S. and

thus “other than for profit.” Reynoso-Ortiz bears the burden of

proof to show the lack of any profit motive. See United States

v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989). 
No. 98-41048

-2-

 The district court concluded that because Reynoso-Ortiz did

not have to pay a fee of several hundred dollars in exchange for

his driving the van, the offense was not “other than for profit”

within the meaning of § 2L1.1(b)(1). Although he challenges the

district court’s interpretation of the guideline as illogical,

Reynoso-Ortiz has not met his burden of showing that he was

entitled to the reduction. See Cuellar-Flores, 891 F.2d at 93;

see also United States v. Perez-Ruiz, 169 F.3d 1075, 1076 (7th

Cir. 1999). Accordingly, the judgment of the district court is

AFFIRMED.
# C_2008302EN.01000901.xml

| 25.11.2008 | EN | Official Journal of the European Union | C 302/9 |
| --- | --- | --- | --- |

25.11.2008

EN

Official Journal of the European Union

C 302/9

---

Call for proposals under the 2009 work programme ‘People’ of the 7th EC Framework Programme for Research, Technological Development and Demonstration Activities

(2008/C 302/09)

Notice is hereby given of the launch of a call for proposals under the 2009 work programme ‘People’ of the 7th Framework Programme of the European Community for Research, Technological Development and Demonstration Activities (2007 to 2013).

Proposals are invited for the following call. Call deadline and budget are given in the call text, which is published on the CORDIS website.

‘People’ Specific Programme:

| Call Title | Call Identifier |
| --- | --- |
| International Research Staff Exchange Scheme | FP7-PEOPLE-2009-IRSES |

Call Title

Call Identifier

International Research Staff Exchange Scheme

FP7-PEOPLE-2009-IRSES

This call for proposals relates to the 2009 work programme adopted by Commission Decision C(2008) 4483 of 22 August 2008.

Information on the modalities of the call, the work programme, and the guide for applicants on how to submit proposals is available through the CORDIS website: http://cordis.europa.eu/fp7/calls/

---
# C_2008124EN.01001801.xml

| 21.5.2008 | EN | Official Journal of the European Union | C 124/18 |
| --- | --- | --- | --- |

21.5.2008

EN

Official Journal of the European Union

C 124/18

---

NOTICE OF OPEN COMPETITION EPSO/AD/129/08

NOTICE OF OPEN COMPETITION

(2008/C 124/07)

The European Personnel Selection Office (EPSO) is organising open competition EPSO/AD/129/08 to recruit lawyer-linguists (AD7) who have Greek as their main language.

The competition notice is being published in Greek only, in Official Journal C 124 A of 21 May 2008.

Further details can be found on the EPSO website: http://europa.eu/epso

---
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SIMRAN KAUR,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 10-70885

Agency No. A075-020-356

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 17, 2015** 

Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges. 

Simran Kaur, a native and citizen of India, petitions for review of the Board

of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration

judge’s (“IJ”) order denying her motion to reopen deportation proceedings

conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review

FILED

FEB 27 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
for abuse of discretion the denial of a motion to reopen, and review de novo

questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). 

We deny the petition for review. 

The agency did not abuse its discretion in denying Kaur’s motion as

untimely, where she filed the motion more than nine years after her order of

deportation became administratively final, see 8 C.F.R. § 1003.23(b)(1) (a motion

to reopen deportation or exclusion proceedings must be filed no later than 90 days

after a final order), and she failed to establish that she was entitled to equitable

tolling of the filing deadline, see Avagyan v. Holder, 646 F.3d 672, 679-80 (9th

Cir. 2011) (equitable tolling is available to an alien who is prevented from timely

filing a motion to reopen due to deception, fraud or error). 

 Contrary to Kaur’s contention, the BIA did not engage in improper factfinding by noting that Kaur had not satisfied the regulatory requirement of

submitting an affidavit with her motion to reopen and therefore had not established

the facts alleged in her motion. See 8 C.F.R. § 1003.23(b)(3) (“A motion to reopen

proceedings . . . shall be supported by affidavits and other evidentiary material.”). 

Finally, any legal error committed by the IJ in citing the wrong regulation

was corrected by the BIA on appeal. Brezilien v. Holder, 569 F.3d 403, 411 (9th

Cir. 2009) (“Where the BIA conducts a de novo review, any error committed by

2 10-70885
the IJ will be rendered harmless by the Board’s application of the correct legal

standard.” (citation and internal quotation marks omitted)). 

PETITION FOR REVIEW DENIED.

3 10-70885
No. 58198.

protest 170362-K (Pittsburgh) .

#### R. L. Swearer Company *v.*United States,

Opinion by

Johnson, J.

An examination of the appraiser’s reports upon the several entries indicated that from the rusty state of the machinery it was not readily identifiable as American goods. At the trial, plaintiff was unable to present proof of outward shipment in lieu of the certificate of exportation and, inasmuch as the mandatory regulations of the Secretary of the Treasury, not waived by the collector as to outward shipment, had not been fully complied with, the court was constrained to overrule the protest.
# Official Journal L 316I/2019

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 316I |
| | |
| English edition | Legislation | Volume 626 December 2019 |

ISSN 1977-0677

Official Journal

of the European Union

L 316I

English edition

Legislation

Volume 626 December 2019

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Decision (EU) 2019/2071 of the European Parliament and of the Council of 5 December 2019 appointing the European Data Protection Supervisor | 1 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Decision (EU) 2019/2071 of the European Parliament and of the Council of 5 December 2019 appointing the European Data Protection Supervisor

1

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 ( OJ L 130, 17.5.2019 ) | 3 |

Corrigenda

*

Corrigendum to Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 ( OJ L 130, 17.5.2019 )

( OJ L 130, 17.5.2019 )

3

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
# C_2009001EN.01000501.xml

| 6.1.2009 | EN | Official Journal of the European Union | C 1/5 |
| --- | --- | --- | --- |

6.1.2009

EN

Official Journal of the European Union

C 1/5

---

Euro exchange rates (1)

1

31 December 2008

(2009/C 1/04)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3917 |
| JPY | Japanese yen | 126,14 |
| DKK | Danish krone | 7,4506 |
| GBP | Pound sterling | 0,95250 |
| SEK | Swedish krona | 10,8700 |
| CHF | Swiss franc | 1,4850 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,7500 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,875 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 266,70 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7083 |
| PLN | Polish zloty | 4,1535 |
| RON | Romanian leu | 4,0225 |
| SKK | Slovak koruna | 30,126 |
| TRY | Turkish lira | 2,1488 |
| AUD | Australian dollar | 2,0274 |
| CAD | Canadian dollar | 1,6998 |
| HKD | Hong Kong dollar | 10,7858 |
| NZD | New Zealand dollar | 2,4191 |
| SGD | Singapore dollar | 2,0040 |
| KRW | South Korean won | 1 839,13 |
| ZAR | South African rand | 13,0667 |
| CNY | Chinese yuan renminbi | 9,4956 |
| HRK | Croatian kuna | 7,3555 |
| IDR | Indonesian rupiah | 15 239,12 |
| MYR | Malaysian ringgit | 4,8048 |
| PHP | Philippine peso | 65,930 |
| RUB | Russian rouble | 41,2830 |
| THB | Thai baht | 48,285 |
| BRL | Brazilian real | 3,2436 |
| MXN | Mexican peso | 19,2333 |

Currency

Exchange rate

USD

US dollar

1,3917

JPY

Japanese yen

126,14

DKK

Danish krone

7,4506

GBP

Pound sterling

0,95250

SEK

Swedish krona

10,8700

CHF

Swiss franc

1,4850

ISK

Iceland króna

NOK

Norwegian krone

9,7500

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,875

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

266,70

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7083

PLN

Polish zloty

4,1535

RON

Romanian leu

4,0225

SKK

Slovak koruna

30,126

TRY

Turkish lira

2,1488

AUD

Australian dollar

2,0274

CAD

Canadian dollar

1,6998

HKD

Hong Kong dollar

10,7858

NZD

New Zealand dollar

2,4191

SGD

Singapore dollar

2,0040

KRW

South Korean won

1 839,13

ZAR

South African rand

13,0667

CNY

Chinese yuan renminbi

9,4956

HRK

Croatian kuna

7,3555

IDR

Indonesian rupiah

15 239,12

MYR

Malaysian ringgit

4,8048

PHP

Philippine peso

65,930

RUB

Russian rouble

41,2830

THB

Thai baht

48,285

BRL

Brazilian real

3,2436

MXN

Mexican peso

19,2333

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

December 27, 2005 Clifford W. Taylor, Chief Justice
Michael F. Cavanagh Elizabeth A. Weaver 129286 & (26)(27)(28) Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 129286 COA: 258878 Saginaw CC: 01-020358-FC JERMAINE BROWN, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appe al the June 24, 2005 order of the Court of Appeals is considered, a nd it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to re lief under MCR 6.508(D). The motion for peremptory reversal, the motion for a writ of hab eas corpus and protective order and the motion for mis cellaneous relief are DENIED.

d1219 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

December 27, 2005

Clerk
Case: 2:12-cv-01187-EAS-EPD Doc #: 53 Filed: 11/15/13 Page: 1 of 1  PAGEID #: <pageID>

    -       - Superintendent of Documents
      - 2015-05-11T19:54:24-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
Case No. 8,566.

#### LOWE v. McCLERY.

[3 Cranch, C. C. 254.] 1

Circuit Court, District of Columbia.

Dec. Term, 1827.

Evidence — Payment—Cancelled Check — Rebutting Testimony.

A check drawn by the defendant in favor of the plaintiff, or bearer, with the bank’s cancelling mark upon it, and produced by the defendant, is not evidence of money paid to the plaintiff, although it appear by the plaintiff’s evidence, that when payment was demanded, the defendant said he had paid it by such a check, and although he produces his own check-book, with a memorandum corresponding with the check, with the additional -words “for rent.”

Assumpsit for use and occupation. Upon the trial it appeared by the plaintiff’s examination of his witness, that when demand of the rent was made, the defendant [James MeClery] said he had paid it by a check on the Office 'of Discount and Deposit, on the 9th of August.

Mr. Key, for the defendant,

offered in evidence such a check on the Office of Discount and Deposit with the bank’s cancelling mark upon it, payable to the plaintiff [Lloyd M. Lowe] or bearer, and the defendant’s own check-book, with a margin corresponding with the check in amount, name, and date, and the words “on account of rent.”

Mr. Key contended that the circumstance that the plaintiff’s witness had testified that the defendant said he had paid the rent by such a check would justify the admission of the check in evidence.

But THE COURT (MORSELL, Circuit Judge, contra) refused to admit the check in evidence.

MORSELL, Circuit Judge,

was of opinion that it might be given in evidence to corroborate the defendant’s declaration, and to re-' but the presumption which might arise from the defendant’s not producing the check.

Verdict for plaintiff 857.15. Motion for new trial overruled.
ex4_28bergamendment.htm


    
      
        

      

    

    Exhibit 4.28

     

    AMENDMENT TO PIGGYBACK
REGISTRATION RIGHTS AGREEMENT

    


    


    THIS AMENDMENT TO PIGGYBACK
REGISTRATION RIGHTS AGREEMENT (“Amendment”), dated as of July 9, 2008, is
made and entered into by and between Focus Enhancements, Inc., a Delaware
corporation (the “Company”) and Carl E. Berg (the “Purchaser”).

    


    RECITALS

    


    Whereas, the Company and the Purchaser
are parties to that certain Piggyback Registration Rights Agreement, dated as of the 4th day
of March 2008 (the “Agreement”).

    


    Whereas, Section 6 of the Agreement
authorizes the amendment of the Agreement by a written instrument signed by the
Company and the Holders who hold 50% interest of the Warrant Shares as of such
date, which as of this date is the Purchaser.

    


    Whereas, the Company and the Purchaser
desire to amend the Agreement so that the definition of Registrable Securities
is limited to Warrant Shares.

    


    Whereas, capitalized terms used, but
not otherwise defined, have the meaning as set forth in the
Agreement.

    


    AGREEMENT

    


    Now therefore, for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
Company and Purchaser agree as follows:

    


    1. The
definition of the term, Registrable Securities, in Section 1 of the Agreement is
hereby replaced in its entirety by the following:

     

    “Registrable
Securities means the Warrant Shares purchased upon exercise of the Warrant as
set forth in the document to which this Agreement is Exhibit
1.”

     

    2. All other
terms of the Agreement shall remain unchanged.

     

    3. The
Purchaser hereby represents and warrants to the Company that it is authorized to
execute this Amendment.

     

    4. This
Amendment may be executed in one or more counterparts and delivered by facsimile
transmission or by PDF, each of which shall constitute an original, but all of
which taken together shall be one and the same instrument.

     

    IN WITNESS WHEREOF, the parties have
caused this Amendment to the Piggyback Registration Rights Agreement to be
executed as of the date set forth above.

     

    


     

    
      	
              FOCUS
      ENHANCEMENTS, INC.

               

            	
              PURCHASER

               

            
	
              By:  /s/ Gary
      Williams                                                      

            	
              By:
      /s/ Carl E.
      Berg

            
	
              Name:
      Gary Williams

            	
                    Carl
      E. Berg

            
	
              Title:
      EVP of Finance & CFO
III 

109TH CONGRESS 

1ST SESSION S. RES. 224 

To express the sense of the Senate supporting the establishment of September 

as Campus Fire Safety Month, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2005 

Mr. DEWINE (for himself and Mr. BIDEN) submitted the following resolution; 

which was referred to the Committee on Health, Education, Labor, and 

Pensions 

RESOLUTION 

To express the sense of the Senate supporting the establishment of September as Campus Fire Safety Month, and 

for other purposes. 

Whereas recent student housing fires in Ohio, Pennsylvania, 

Tennessee, and Maryland have tragically cut short the 

lives of some of the youth of our Nation; 

Whereas since January 2000, at least 75 people, including 

students, parents, and children have died in student 

housing fires; 

Whereas over three-fourths of these deaths have occurred in 

off-campus occupancies; 

Whereas a majority of the students across the Nation live in 

off-campus occupancies; 
2 

•SRES 224 IS

Whereas a number of fatal fires have occurred in buildings 

where the fire safety systems have been compromised or 

disabled by the occupants; 

Whereas it is recognized that automatic fire alarm systems 

provide the necessary early warning to occupants and the 

fire department of a fire so that appropriate action can 

be taken; 

Whereas it is recognized that automatic fire sprinkler systems 

are a highly effective method of controlling or extinguishing a fire in its early stages, protecting the lives of 

the building’s occupants; 

Whereas many students are living in off-campus occupancies, 

Greek housing, and residence halls that are not adequately protected with automatic fire sprinkler systems 

and automatic fire alarm systems; 

Whereas it is recognized that fire safety education is an effective method of reducing the occurrence of fires and reducing the resulting loss of life and property damage; 

Whereas students are not routinely receiving effective fire 

safety education throughout their entire college career; 

Whereas it is vital to educate the future generation of our 

Nation about the importance of fire safety behavior so 

that these behaviors can help to ensure their safety during their college years and beyond; and 

Whereas by developing a generation of fire-safe adults, future 

loss of life from fires can be significantly reduced: Now, 

therefore, be it 

1 Resolved, That the Senate— 

2 (1) supports the establishment of September as 

3 Campus Fire Safety Month; 
3 

•SRES 224 IS

1 (2) encourages administrators and municipali2 ties across the country to provide educational pro3 grams to all students during September and 

4 throughout the school year; and 

5 (3) encourages administrators and municipali6 ties to evaluate the level of fire safety being provided 

7 in both on- and off-campus student housing and 

8 take the necessary steps to ensure fire-safe living en9 vironments through fire safety education, installa10 tion of fire suppression and detection systems and 

11 the development and enforcement of applicable codes 

12 relating to fire safety. 

Æ
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# Pulling post

                - U.S. Government Posters

## Description

                    -           Title        
                    -  Pulling post 
                    -           Creator        
                    -  United States. Army. Corps of EngineersFitzgerald, Janet 
                    -           Description        
                    -  Pulling post by Janet Fitzgerald 
                    -           Subject: Time        
                    -  1980-1990 
                    -           Subject: Place        
                    -  United States 
                    -           Physical Description        
                    -  152 × 41 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Zeutschel OS 12000 Scanner at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  D103.49-3.R52-02.jpg 

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