alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Ali Salah Eldeen, Also Known as Ali Salaheldeen, Appellant.

Judgment, Supreme Court, New York County (Clifford A. Scott, J.), rendered December 10, 1987, convicting defendant after a jury trial of grand larceny in the fourth degree and sentencing him, as a predicate felony offender, to 2 to 4 years imprisonment, unanimously affirmed.

Charged with filching money from the elderly victim’s pocket, defendant sought to impeach the testimony of a distant eyewitness who had later recorded in his notes that he had observed "what seemed like a conversation” taking place between defendant and victim, consistent with defendant’s *343story that he had merely made change for the victim at the latter’s request. At trial, the eyewitness testified that other than observations of some head shaking and nodding, he did not think there had been a conversation between the two, notwithstanding what he wrote in his notes at the time.

Even if the recorded material were relevant to this crime *(cf., People v Maerling,*64 NY2d 134), it was not necessarily inconsistent with the eyewitness’ testimony. Furthermore, the jury heard the contents of the witness’ notes, without restriction, both on cross-examination of the witness and during summation, so the exclusion of the written notes themselves resulted in no harm to the defense *(People v Piazza,*48 NY2d 151). Concur—Murphy, P. J., Carro, Wallach and Rubin, JJ.
Petitioner/Defendant-Appellant Jerry Halvorsen’s 

Application for Writ of Certiorari, filed on February 16, 2016. 

is hereby rejected. 

 

Electronically Filed 

Supreme Court 

SCWC-14-0000504 

29-MAR-2016 

12:04 PM 

SCWC-14-0000504 

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI 

STATE OF HAWAIʻI, 

Respondent/Plaintiff-Appellee, 

vs. 

JERRY HALVORSEN,

Petitioner/Defendant-Appellant. 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS 

(CAAP-14-0000504; CASE NO. 3P8110000164) 

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI 

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) 

DATED: Honolulu, Hawaiʻi, March 29, 2016. 

James S. Tabe 

for Petitioner/DefendantAppellant 

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama 

/s/ Sabrina S. McKenna 

/s/ Richard W. Pollack 

/s/ Michael D. Wilson
# L_2006093EN.01004101.xml

| 31.3.2006 | EN | Official Journal of the European Union | L 93/41 |
| --- | --- | --- | --- |

31.3.2006

EN

Official Journal of the European Union

L 93/41

---

COMMISSION REGULATION (EC) No 519/2006

of 30 March 2006

fixing the maximum export refund for white sugar to certain third countries for the 22nd partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1138/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1) and in particular the second indent of Article 27(5) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1138/2005 of 15 July 2005 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2005/2006 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries. |
| --- | --- |

(1)

Commission Regulation (EC) No 1138/2005 of 15 July 2005 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2005/2006 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.

| (2) | Pursuant to Article 9(1) of Regulation (EC) No 1138/2005 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question. |
| --- | --- |

(2)

Pursuant to Article 9(1) of Regulation (EC) No 1138/2005 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the 22nd partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1138/2005 the maximum amount of the export refund shall be 27,260 EUR/100 kg.

Article 2

This Regulation shall enter into force on 31 March 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 March 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

1

(2)  
  OJ L 185, 16.7.2005, p. 3.

2

---
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED February 18, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-20460 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ALVARO RIOJAS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-95-CR-142-6

-------------------- Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM: * Steve Baxley, court-appointed attorney for Alvaro Riojas, has moved for leave to withdraw and has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Riojas has filed a letter stating that he does not object to the motion to withdraw. Our independent review of the brief and the record discloses no nonfrivolous issue in this direct appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED.
See 5 TH C IR . R. 42.2.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1926 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1926

  To extend the temporary suspension of duty on compound of strontium 
                        chloroapatite-europium.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 26, 2009

  Mr. Roberts introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To extend the temporary suspension of duty on compound of strontium 
                        chloroapatite-europium.

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

SECTION 1. COMPOUND OF STRONTIUM CHLOROAPATITE-EUROPIUM.

    (a) In General.--Heading 9902.22.66 of the Harmonized Tariff 
Schedule of the United States (relating to compound of strontium 
chloroapatite-europium) is amended by striking the date in the 
effective period column and inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
[Federal Register Volume 77, Number 48 (Monday, March 12, 2012)]
[Notices]
[Page 14533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5928]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Notice of Closed 
Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meetings.
    The meetings will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute 
Special Emphasis Panel Basic Research in Calcific Aortic Valve 
Disease.
    Date: April 4, 2012.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Crystal Gateway Marriott 1700 Jefferson Davis Highway 
Arlington, VA 22202.
    Contact Person: David A Wilson, Ph.D., Scientific Review 
Officer, Office of Scientific Review/DERA, National Heart, Lung, and 
Blood Institute, 6701 Rockledge Drive, Room 7204, Bethesda, MD 
20892-7924, 301-435-0299, <a href="/cdn-cgi/l/email-protection#582f31342b37363c396a183630343a3176363130763f372e"><span class="__cf_email__" data-cfemail="dea9b7b2adb1b0babfec9eb0b6b2bcb7f0b0b7b6f0b9b1a8">[email protected]</span></a>.

    Name of Committee: National Heart, Lung, and Blood Institute 
Special Emphasis Panel COPD Genetic Epidemiology.
    Date: April 4, 2012.
    Time: 10 a.m. to 2 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health One Democracy Plaza 6701 
Democracy Boulevard Bethesda, MD 20892 (Telephone Conference Call).
    Contact Person: Stephanie J Webb, Ph.D., Scientific Review 
Officer, Office of Scientific Review/DERA, National Heart, Lung, and 
Blood Institute, 6701 Rockledge Drive, Room 7196, Bethesda, MD 
20892, 301-435-0291, <a href="/cdn-cgi/l/email-protection#a2d1d6c7d2cac3cccbc78cd5c7c0c0e2cccbca8cc5cdd4"><span class="__cf_email__" data-cfemail="403334253028212e29256e37252222002e29286e272f36">[email protected]</span></a>.
(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: March 6, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2012-5928 Filed 3-9-12; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

MICHAEL BURTSCHER, an Individual;

COLDWATER ENTERTAINMENT

LIMITED, a New Zealand limited liability

company,

 Plaintiffs - Appellees,

 v.

IVAN RENE MOORE, an Individual,

 Defendant - Appellant,

and

RUFFTOWN ENTERTAINMENT

GROUP, INC., a Nevada Corporation,

DBA Ruff Town Entertainment, Inc.,

Defendant.

No. 13-56697

D.C. No. 2:11-cv-02309-DMGJEM

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Dolly M. Gee, District Judge, Presiding

Submitted July 21, 2015**

FILED

AUG 04 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.
Before: CANBY, BEA, and MURGUIA, Circuit Judges. 

Ivan Rene Moore appeals pro se from the district court’s default judgment in

an action alleging copyright infringement and breach of contract. We have

jurisdiction under 28 U.S.C. §1291. We review for an abuse of discretion the entry

of default under Fed. R. Civ. P. 55(a) and the district court’s decision to enter

default judgment under Rule 55(b). Speiser, Krause & Madole P.C. v. Ortiz, 271

F.3d 884, 886 (9th Cir. 2001). We affirm in part, vacate in part, and remand. 

The district court did not abuse its discretion in dismissing Moore’s

counterclaims after Moore failed to attend his deposition, to keep the court

apprised of his current address, and to attend multiple hearings. See Al-Torki v.

Kaempen, 78 F.3d 1381, 1384-85 (9th Cir. 1996) (setting forth standard of review

and describing factors to be considered before dismissing counterclaims for lack of

prosecution under Fed. R. Civ. P. 41(b)). 

However, the district court improperly ordered the clerk to strike Moore’s

answer and to enter default against Moore under Fed. R. Civ. P. 55(a) after Moore

filed an answer and, for a time, participated in the litigation. See Fed. R. Civ.

P. 55(a); cf. Direct Mail Specialists, Inc. v. Eclat Computerized Techs., Inc., 840

F.2d 685, 689 (9th Cir. 1988) (judgment by default is disfavored where defendant’s

actions demonstrated a “purpose to defend the suit” (citation omitted)). Although

2 13-56697
the district court has inherent power to impose the sanction of default for failure to

participate in litigation, see TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 916

(9th Cir. 1987) (per curiam), in directing default to be entered under Rule 55(a),

the court did not exercise its own authority and make findings justifying a default

sanction. Accordingly, we vacate and remand for further proceedings. 

The parties shall bear their own costs on appeal. 

AFFIRMED in part, VACATED in part, and REMANDED. 

3 13-56697
II 

111TH CONGRESS 

1ST SESSION S. 1849 

To renew the temporary suspension of duty on primsulfuron. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 22, 2009 

Mr. NELSON of Nebraska introduced the following bill; which was read twice 

and referred to the Committee on Finance 

A BILL 

To renew the temporary suspension of duty on primsulfuron. 

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

3 SECTION 1. PRIMSULFURON. 

4 (a) IN GENERAL.—Heading 9902.02.10 of the Har5 monized Tariff Schedule of the United States (relating to 

6 primsulfuron) is amended by striking the date in the effec7 tive period column and inserting ‘‘12/31/2011’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 

10 warehouse for consumption, on or after the 15th day after 

11 the date of the enactment of this Act. 

Æ 


wwoods2 on DSK1DXX6B1PROD with BILLS
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#### In the Matter of the Claim of Linda A. Smalling, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 15, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

The evidence establishes that claimant crumpled up a page of a file that had been requested by her supervisor and left it on his desk. She had previously been warned as to her attitude. The record also supports the conclusion that her behavior was disruptive; her action was seen by other employees who also witnessed her utterance of a profanity when asked the reasons for her behavior. To the extent that the testimony was conflicting, this presented a question of credibility which was within the exclusive province of the Unemployment Insurance Appeal Board to resolve *(see, Matter of Padilla [Sephardic Home for the Aged—Roberts],*113 AD2d 997). Under the circumstances, the decision that claimant’s actions constituted misconduct is supported by substantial evidence *1036and should be upheld *(see, Matter of Valentin [American Museum of Natural History—Roberts],*103 AD2d 919).

Decision affirmed, without costs. Casey, J. P., Weiss, Mikoll, Levine and Crew III, JJ., concur.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
UNAUDITED  CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 30, 1996 AND THE UNAUDITED
CONSOLIDATED STATEMENT OF INCOME FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1996 OF
TEL-SAVE  HOLDINGS,  INC. AND  SUBSIDIARES  AND IS QUALIFIED IN ITS ENTIREITY BY
REFERNCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                      1
<CURRENCY>                                        US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1995
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   SEP-30-1996
<EXCHANGE-RATE>                                          1
<CASH>                                         160,226,000
<SECURITIES>                                    12,737,000
<RECEIVABLES>                                   22,883,000
<ALLOWANCES>                                       931,000
<INVENTORY>                                              0
<CURRENT-ASSETS>                               212,137,000
<PP&E>                                          22,925,000
<DEPRECIATION>                                     398,000
<TOTAL-ASSETS>                                 239,378,000
<CURRENT-LIABILITIES>                           28,583,000
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                           290,000
<OTHER-SE>                                     207,506,000
<TOTAL-LIABILITY-AND-EQUITY>                   239,378,000
<SALES>                                                  0
<TOTAL-REVENUES>                               168,159,000
<CGS>                                                    0
<TOTAL-COSTS>                                  145,617,000
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                 23,221,000
<INCOME-TAX>                                     8,754,000
<INCOME-CONTINUING>                             14,467,000
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                    14,467,000
<EPS-PRIMARY>                                         0.29
<EPS-DILUTED>                                         0.27
        


</TABLE>
# L_2007109DE.01005202.xml

| 26.4.2007 | DE | Amtsblatt der Europäischen Union | L 109/52 |
| --- | --- | --- | --- |

26.4.2007

DE

Amtsblatt der Europäischen Union

L 109/52

---

Berichtigung der Entscheidung 2006/401/EG der Kommission vom 20. Januar 2006 mit Durchführungsbestimmungen zur Entscheidung 2004/904/EG des Rates für die Verwaltungs- und Kontrollsysteme der Mitgliedstaaten sowie mit Vorschriften für die Verwaltung und finanzielle Abwicklung von aus dem Europäischen Flüchtlingsfonds kofinanzierten Projekten

(
  Amtsblatt der Europäischen Union L 162 vom 14. Juni 2006
  )

Amtsblatt der Europäischen Union L 162 vom 14. Juni 2006

Seite 23, Artikel 9 Absatz 2 Buchstabe a:

anstatt:

„... der Bescheinigungsbehörde ...“

muss es heißen:

„... der beauftragten Behörde ...“.

Seite 24, Artikel 12 Absatz 3:

anstatt:

„Bei der Vorlage des Entwurfs des Mehrjahresprogramms ...“

muss es heißen:

„Bei der Vorlage des Entwurfs des Jahresprogramms 2005 ...“.

Seite 25, Artikel 13 Absatz 1:

anstatt:

„... der Bescheinigungsbehörde ...“

muss es heißen:

„... der beauftragten Behörde ...“.

---