alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015389EN.01000301.xml

| 23.11.2015 | EN | Official Journal of the European Union | C 389/3 |
| --- | --- | --- | --- |

23.11.2015

EN

Official Journal of the European Union

C 389/3

---

Judgment of the Court (Grand Chamber) of 6 October 2015 (request for a preliminary ruling from the Tribunal d’instance de Bordeaux — France) — Thierry Delvigne v Commune de Lesparre-Médoc, Préfet de la Gironde

(Case C-650/13) (1)

1

((Reference for a preliminary ruling - Charter of Fundamental Rights of the European Union - Articles 39 and 49 - European Parliament - Elections - Right to vote - Citizenship of the European Union - Retroactive effect of the more lenient criminal law - National legislation providing for the deprivation of the right to vote in the case of a criminal conviction by a final judgment delivered before 1 March 1994))

(2015/C 389/03)

Language of the case: French

Referring court

Referring court

Tribunal d’instance de Bordeaux

Parties to the main proceedings

Parties to the main proceedings

Applicant: Thierry Delvigne

Applicant:

Defendants: Commune de Lesparre-Médoc, Préfet de la Gironde

Defendants:

Operative part of the judgment

Operative part of the judgment

Article 39(2) and the last sentence of Article 49(1) of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, which excludes, by operation of law, from those entitled to vote in elections to the European Parliament persons who, like the applicant in the main proceedings, were convicted of a serious crime and whose conviction became final before 1 March 1994.

---

(1)  OJ C 129, 28.4.2014.

1

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**EXHIBIT
      32.1**





**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED BY SECTION 906 OF THE
      SARBANES-OXLEY ACT OF 2002**





I,
      Leif
      Pedersen, as Chief Executive Officer of SmarTire Systems, Inc. (the "Company")
      certify, pursuant to 18 U.S.C. Section 1350, as adopted by Section 906 of the
      Sarbanes-Oxley Act of 2002, that to my knowledge:





(1)
      the
      accompanying Form 10-KSB/A report for the period ending July 31, 2005 as filed
      with the U.S. Securities and Exchange Commission (the "Report") fully complies
      with the requirements of Section 13(a) or 15(d) of the Securities Exchange
      Act
      of 1934, as amended; and





(2)
      the
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.






*Dated: July 3, 2006*
            
            */s/ Leif Pedersen**----------------------------------------*
              *Leif Pedersen, President and Chief Executive
                Officer*
CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM






The Board
of Directors




Bioanalytical
Systems, Inc.




We
consent to the incorporation by reference in the Registration Statements (Nos.
333-56123, 333-56127 and 333-153734) on Form S-8 of Bioanalytical Systems, Inc.
of our report dated January 12, 2011, with respect to the consolidated balance
sheets of Bioanalytical Systems, Inc. as of September 30, 2010 and 2009, and the
related consolidated statement of operations, shareholders’ equity and
comprehensive income (loss), and cash flows for the years then ended appearing
in this Annual Report on Form 10-K of Bioanalytical Systems, Inc. for the year
ended September 30, 2010.







/s/ Crowe
Horwath LLP


Crowe
Horwath LLP


Indianapolis,
IN


January
12, 2011
CERTIFICATION PURSUANT TO



In connection with Amendment No. 1 to the Quarterly Report of Millennium Capital Venture Holdings, Inc. (the "Company") on Form 10-QSB for the period ended September 30, 2003 as filed with the Securities and Exchange Commission on the date here of (the "Report"), I, Mario Drolet, President, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|Date: December 19, 2003 | By:/s/ Mario Drolet
Name:	Mario DroletTitle: 	President (Principal Executive Officer and Principal Accounting Officer)
|----------------------- | ----------------------------------------------------------------------------------------------------------------------
1 Robert M. Gates and Mary E. Peters have been appointed to serve as the Secretary of Defense and the Secretary of Transportation, respectively, and are substituted as appellees pursuant to Fede ral Rule of Appellate Procedure 43(c). 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-1510

___________ Randal Wayne Enyeart; * Rodney A. Mattmiller, * * Appellants, * * Appeal from the United States v. * District Court for the * District of Minnesota. State of Minnesota; Michael A. Hatch; * Dan Salomone; Robert M. Gates; * [UNPUBLISHED] Alberto R. Gonzales; Mary E. Peters, 1 * * Appellees. * *

___________ Submitted: March 7, 2007 Filed: March 13, 2007

___________ Before COLLOTON, HANSEN, and BENTON, Circuit Judges.

___________ PER CURIAM.2 The Honorable Michael J. Davis, United States District Judge for the District of Minnesota. -2- Randall Enyeart and Rodney Mattmiller appeal from the district court’s 2 final order and judgment dismissing with prejudi ce, under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), their action for declaratory relief against the State of Minnesota, two Minnesota officials, a nd three federal officials under 42 U.S.C. § 1983. Upon de novo review, see M.P. ex rel. K. & D.P. v. Indep. Sch. Dist. No. 721 , 439 F.3d 865, 867 (8th Cir. 2006) (dismissal for lack of jurisdiction reviewed de novo); Stringer v. St. James R-1 Sch. Dist. , 446 F.3d 799, 802 (8th Cir. 2006) (dismissal for failure to state claim revi ewed de novo), we agree with the district court’s well-reasoned order. We also conclude that the c ourt did not err in dismissing plaintiffs’ motion to rea lign the parties. The judgment is affirmed. See 8th Cir. R. 47B.

______________________________
10

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Shaded areas indicate US recessions - 2015 research.stlouisfed.org

Source: US. Bureau of Economic Analysis

Gross Domestic Product: Implicit Price Deflator

(

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)
Exhibit 32.1

Certification by the Principal Executive Officer and Chief Financial Officer
Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to
Section 906 of the Sarbanes-Oxley Act Of 2003


Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2003, each of the undersigned officers of Iroquois Gas
Transmission System, L.P., a limited partnership organized under the laws of
the State of Delaware (the "Partnership"), does hereby certify that, to the
best of such officer's knowledge:


     1.   The accompanying Quarterly Report of the Partnership on Form
          10-Q for the quarter ended June 30, 2005 (the "Report")
          fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     2.   Information contained in the Report fairly presents, in all
          material respects, the financial condition and results of
          operations of the Partnership.



                                          /s/ E.J. Holm
                                          ---------------------------
                                          E. J. Holm
                                          President
                                          August 22, 2005



                                          /s/ Paul Bailey
                                          ---------------------------
                                          Paul Bailey
                                          Vice President and Chief
                                          Financial Officer
                                          August 22, 2005
No. 46478.

#### Protest 961706-G of Aoki Taiseido Book Co. (San Francisco).

Opinion by

Walker, J.

On the authority of *Lamborn*v. *United States*(27 C. C. P. A. 46, C. A. D. 60) the protest was dismissed.
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 10

- 00325

- CV

IN THE INTEREST OF A .K.P.M., A

CHILD

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

FROM THE 325TH DISTRICT COURT OF TARRANT COUNTY

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



### MEMORANDUM OPINION 1 

### AND JUDGMENT

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

On September 30, 2010, and October 12, 2010 , we notified appellant, in

accordance with rule of appellate procedure 42.3(c), that we would dismiss this

appeal unless the $175 filing fee was paid. See Tex. R. App. P. 42.3(c).

Appellant has not paid the $175 filing fee. See Tex. R. App. P. 5, 12.1(b).

1 See Tex. R. App. P. 47.4.2

Because appellant has failed to comply with a requirement of the rules of

appellate procedure and the Texas Supreme Court ’s order of August 28, 2007, 2

we dismiss the appeal. See Tex. R. App. P. 42.3(c), 43.2(f)

.

Appellant shall pay all costs of this appeal, for which let execution issue.

See Tex. R. App. P. 43.4.

PER CURIAM

PANEL: WALKER, MCCOY, and MEIER, JJ.

DELIVERED : November 1 0 , 2010

2 See Supreme Court of Tex., Order Regard ing Fees Charged in Civil

Cases in the Supreme Court and the Courts of Appeals and Before the Judicial

Panel on Multidistrict Litigation , Misc. Docket No. 07

- 9138 (Aug. 28, 2007) (listing

fees in courts of appeals).
II 

Calendar No. 206 

112TH CONGRESS 

1ST SESSION S. 1412 

To designate the facility of the United States Postal Service located at 

462 Washington Street, Woburn, Massachusetts, as the ‘‘Officer John 

Maguire Post Office’’. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2011 

Mr. KERRY (for himself and Mr. BROWN of Massachusetts) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

OCTOBER 19, 2011 

Reported by Mr. LIEBERMAN, without amendment 

A BILL 

To designate the facility of the United States Postal Service 

located at 462 Washington Street, Woburn, Massachusetts, as the ‘‘Officer John Maguire Post Office’’. 

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

3 SECTION 1. OFFICER JOHN MAGUIRE POST OFFICE. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 462 Washington Street, Woburn, 


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2 

•S 1412 RS

1 Massachusetts, shall be known and designated as the ‘‘Of2 ficer John Maguire Post Office’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the facility referred to in subsection (a) shall 

6 be deemed to be a reference to the ‘‘Officer John Maguire 

7 Post Office’’. 


jbell on DSK7SPTVN1PROD with BILLS

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Calendar No. 206 

112TH CONGRESS 

1ST SESSION S. 1412 

A BILL 

To designate the facility of the United States PostMaguire Post Office’’. Woburn, Massachusetts, as the ‘‘Officer John al Service located at 462 Washington Street, 

OCTOBER 19, 2011 

Reported without amendment 


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No. 74-962.

#### Boyd *v.*Pennsylvania State Board of Osteopathic Examiners.

Pa. Commw. Ct. Certiorari denied.
SECTION 302 CERTIFICATIONS



I, Mario Drolet, certify that:

1. I have reviewed this amended quarterly report of Millennium Capital Venture Holdings, Inc.

2. Based on my knowledge, this amended quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this amended quarterly report;

3. Based on my knowledge, the financial statements, and other financial information included in this amended quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this amended quarterly report;

4. As the registrant's sole certifying officer, I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and I have:

- designed such disclosure controls and procedures to ensure that material information relating to the registrant is made known to me by others within the registrant, particularly during the period in which the amended quarterly report is being prepared;

- evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this amended quarterly report (the "Evaluation Date"); and

- presented in this amended quarterly report my conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation of the Evaluation Date.

5. I have disclosed, based on my most recent evaluation, to the registrant's auditors:

- all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weakness in internal controls; and

- Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls.

6. I have indicated in this amended quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of my most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.

|Date: December 19, 2003 | By:/s/ Mario Drolet
Name:	Mario DroletTitle: 	President (Principal Executive Officer and Principal Accounting Officer)
|----------------------- | ----------------------------------------------------------------------------------------------------------------------
#### James R. ODOM, Appellant, v. STATE of Florida, Appellee.

No. 98-500

District Court of Appeal of Florida, Fifth District.

Oct. 9, 1998.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, Judge.

Odom appeals his judgment and sentence for possession of a firearm by a convicted felon.1 He pled no contest to that sentence only, but objected to the scoring of additional points for possession of a firearm, pursuant to Florida Rule of Criminal Procedure 3.702(d)(12).

The Florida Supreme Court has ruled (since the sentencing in this case occurred) that additional points should not be added to a defendant’s score pursuant to rule 3.702(d) for possession of a firearm if the *only*crime for which the defendant is being sentenced requires as an essential element the possession or carrying of a firearm. *Vela v. State,*1998 WL 394182 (Fla. July 16, 1998); *Coleman v. State,*713 So.2d 987, 23 Fla. L. Weekly S313 (Fla.1998); *White v. State,*23 Fla. L. Weekly S311, 714 So.2d 440 (Fla.*3521998). Thus, the additional points should not have been assessed in Odom’s case. We affirm the judgment, but reverse the sentence and remand for resentencing.

AFFIRMED in part; REVERSED in part; REMANDED for Resentencing.

HARRIS and ANTOON, JJ., concur.

1

. § 790.23, Fla. Stat.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D20-697

_____________________________

JOSHUA ONEAL DEMPSEY,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County.

Jan Shackelford, Judge.

September 17, 2020

PER CURIAM.

AFFIRMED.

RAY, C.J., and BILBREY and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Andy Thomas, Public Defender, and Jasmine Russell, Assistant 

Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.
DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

LUCIA CABRERO,

Appellant,

v.

CITIZENS PROPERTY INSURANCE COMPANY,

Appellee.

No. 2D20-1207

September 8, 2021

Appeal from the Circuit Court for Pinellas County; Amy M. Williams, 

Judge.

Melissa A. Giasi and Erin M. Berger of Giasi Law, P.A., Tampa, for 

Appellant.

Maureen G. Pearcy of Paul R. Pearcy, P.A., Miami, for Appellee.

PER CURIAM.

Affirmed.

NORTHCUTT, KHOUZAM, and SLEET, JJ., Concur.
2

Opinion subject to revision prior to official publication.
EXHIBIT 32.2

                            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 NUEVO FINANCIAL CENTER, INC. (the
"Company") on Form 10-QSB for the period ended March 31, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jose
Araque, President, Principal Financial Officer and Principal Accounting Officer
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, as amended; and

      (2)   The information contained in the Report fairly presents, in all
            material respects, the financial condition and result of operations
            of the Company.


/s/ Jose Araque
---------------------------------
Jose Araque
President, Principal Financial Officer,
Principal Accounting Officer,
Chairman of the Board of Directors

August 15, 2006
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EXHIBIT 10.12    
    


        Mindspeed Technologies, Inc. (the "Company") has entered into an agreement with each of the following persons, which is substantially identical, except as
set forth below, to the Form of Employment Agreement filed as Exhibit 10.8.1 to the Company's Registration Statement on Form 10 (File No. 1-31650): 



	Najabat H. Bajwa
	

Simon Biddiscombe
	

Kurt F. Busch
	

Ron Cates
	

Raouf Y. Halim
	

Gerald J. Hamilton
	

Thomas J. Medrek
	

Thomas O. Morton
	

Thomas A. Stites
	

Preetinder S. Virk





        The
multiple set forth in Section 6(i)(B) of the Employment Agreement for Mr. Halim is three and the multiple set forth in Section 6(i)(B) of the Employment
Agreement for the other persons is two. 











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EXHIBIT 10.12
123 STAT. 3026 PUBLIC LAW 111–113—DEC. 14, 2009 

Public Law 111–113 

111th Congress 

An Act 

To amend title 36, United States Code, to include in the Federal charter of the 

Reserve Officers Association leadership positions newly added in its constitution 

and bylaws. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Reserve Officers Association 

Modernization Act of 2009’’. 

SEC. 2. INCLUSION OF NEW LEADERSHIP POSITIONS IN THE FEDERAL 

CHARTER OF THE RESERVE OFFICERS ASSOCIATION. 

(a) NATIONAL EXECUTIVE COMMITTEE.—Section 190104(b)(2) of 

title 36, United States Code, is amended— 

(1) by inserting ‘‘the president elect,’’ after ‘‘the president,’’; 

(2) by inserting ‘‘a minimum of’’ before ‘‘3 national executive 

committee members,’’; and 

(3) by striking ‘‘except the executive director,’’ and inserting 

‘‘except the president elect and the executive director,’’. 

(b) OFFICERS.—Section 190104(c) of such title is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘a president elect,’’ after ‘‘a president,’’; 

(B) by inserting ‘‘a minimum of’’ before ‘‘3 national 

executive committee members,’’; 

(C) by striking ‘‘a surgeon, a chaplain, a historian, 

a public relations officer,’’; and 

(D) by striking ‘‘as decided at the national convention’’ 

and inserting ‘‘specified in the constitution of the corporation’’; and 

(2) in paragraph (2)— 

(A) by inserting ‘‘and take office’’ after ‘‘be elected’’; 

and 

(B) by striking ‘‘and the national public relations 

officer,’’ and inserting ‘‘the judge advocate, and any other 

national officers specified in the constitution of the corporation,’’. 

(c) VACANCIES.—Section 190104(d)(1) of such title is amended 

by striking ‘‘president and last past president,’’ and inserting ‘‘president, president elect, and last past president,’’. 

36 USC 101 note. 

Reserve Officers 

Association 

Modernization 

Act of 2009. 

Dec. 14, 2009 

[S. 1599] 


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PUBLIC LAW 111–113—DEC. 14, 2009 123 STAT. 3027 

LEGISLATIVE HISTORY—S. 1599: 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

Sept. 24, considered and passed Senate. 

Nov. 17, 19, considered and passed House. 

Æ 

(d) RECORDS AND INSPECTION.—Section 190109(a)(2) of such 

title is amended by striking ‘‘national council;’’ and inserting ‘‘other 

national entities of the corporation;’’. 

Approved December 14, 2009. 


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#### The People of the State of New York, Respondent, v Jesse Hines, Appellant.

[698 NYS2d 491]

—Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered June 24, 1996, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

After a thorough inquiry, the court properly denied defendant’s motion to withdraw his guilty plea. The record establishes that defendant made a voluntary plea and fails to substantiate his claims of coercion and innocence. The conduct by his attorney that defendant claimed to have been coercive amounted to nothing more than the attorney’s professional opinion on the strength of the case and sound advice to plead guilty. Defendant’s claim of innocence was conclusory and was belied by his oral, written and videotaped confessions. Defense counsel properly declined to join in defendant’s *pro se*motion to withdraw his plea since the motion lacked merit, and appointment of new counsel was not required *(People v Simpson,*238 AD2d 193). We conclude that defendant received meaningful representation *(see, People v Ford,*86 NY2d 397, 404). We have considered and rejected defendant’s remaining claims. *18Concur — Sullivan, J. P., Williams, Wallach, Lerner and Saxe, JJ.