alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2010301EN.01002602.xml

| 6.11.2010 | EN | Official Journal of the European Union | C 301/26 |
| --- | --- | --- | --- |

6.11.2010

EN

Official Journal of the European Union

C 301/26

---

Judgment of the General Court of 13 September 2010 — Schniga v CPVO — Elaris and Brookfield New Zealand (Gala Schnitzer)

(Case T-135/08) (1)

1

(Plant varieties - Application for a Community plant variety right for the Gala Schnitzer apple variety - Technical examination - Discretion of the CPVO - Objections - Article 55(4) of Regulation (EC) No 2100/94)

2010/C 301/42

Language of the case: English

Parties

Parties

Applicant: Schniga GmbH (Bolzano, Italy) (represented by: G. Würtenberger and R. Kunze, lawyers)

Applicant:

Defendant: Community Plant Variety Office (CPVO) (represented by: B. Kiewiet and M. Ekvad, Agents)

Defendant:

Other parties to the proceedings before the Board of Appeal of the CPVO, interveners before the General Court: Elaris SNC (Angers, France), and Brookfield New Zealand Ltd (Havelock North, New Zealand) (represented by: M. Eller, lawyer)

Other parties to the proceedings before the Board of Appeal of the CPVO, interveners before the General Court:

Re:

Re:

ACTION against the decision of the Board of Appeal of the CPVO of 21 November 2007 (Cases A 003/2007 and A 004/2007), concerning the grant of a Community plant variety right for the Gala Schnitzer plant variety.

Operative part of the judgment

Operative part of the judgment

The Court

| 1. | Annuls the decision of the Board of Appeal of the Community Plant Variety Office (CPVO) of 21 November 2007 (Cases A 003/2007 and A 004/2007); |
| --- | --- |

1.

Annuls the decision of the Board of Appeal of the Community Plant Variety Office (CPVO) of 21 November 2007 (Cases A 003/2007 and A 004/2007);

| 2. | Orders the CPVO to bear its own costs and to pay those incurred by Schniga GmbH; |
| --- | --- |

2.

Orders the CPVO to bear its own costs and to pay those incurred by Schniga GmbH;

| 3. | Orders Elaris SNC and Brookfield New Zealand Ltd to bear their own costs. |
| --- | --- |

3.

Orders Elaris SNC and Brookfield New Zealand Ltd to bear their own costs.

---

(1)  OJ C 142, 7.6.2008.

1

---
* 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 limit ed circumstances set forth in 5 TH C IR

. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-50099

(Summary Calendar)

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RAFAEL MELENDEZ-LOPEZ,

Defendant-Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. P-94-CR-049

February 3, 1998

Before JONES, SMITH, and STEWART, Circuit Judges.

PER CURIAM: *

Rafael Melendez-Lopez appeals the district court’s findings that two of the prosecutor’s

peremptory challenges did not violate Batson v. Kentucky , 476 U.S. 79 (1986). He argues that 1)

the reasons given for the two peremptory strikes were either not race-neutral or a pretext fordiscrimination and 2) the district court abused its discretion in denying the cross-examination of the

prosecutor and an in camera inspection of the prosecutor’s notes taken during voir dire.

A review of the record of the Bat son hearing reveals that the prosecutor sufficiently

articulated a reason for striking venire member Sylvester Levaria. See Polk v. Dixie Ins. Co.

, 972

F.2d 84-86 (5th Cir . 1992). Furt hermore, the district court did not clearly err in finding that the

pr o secutor’s reason for striking venire member Maria Navarette did not contain an impermissible

racial stereoty pe and was not a pretext for discrimination. See United States v. Tarrazas-Carrasco

,

861 F.2d 93, 94-95 (5th Cir. 1988).

We further find that the district court did not abuse its discretion in not allowing the crossexamination of the prosecutor or an i n camera inspection of the prosecutor’s notes. S ee Unite d

States v. Clemens , 941 F.2d 321, 323-24 (5th Cir. 1991).

AFFIRMED.
#### Theodore Deforest SALISBURY, Petitioner, v. Robert R. RAINES, Warden Oklahoma State Penitentiary, Respondent.

No. A-13086.

Court of Criminal Appeals of Oklahoma.

Nov. 29, 1961.

Theodore Deforest Salisbury, McAlester; pro se.

Mac Q. Williamson, Atty. Gen., Lewis A. Wallace, Ass’t Atty. Gen., for respondent.

BUSSEY, Judge.

This is an original application for a writ of habeas corpus by Theodore Deforest Salisbury seeking his release from the State Penitentiary at McAlester, Oklahoma, where he is currently confined by reason of a judgment and sentence rendered against him by the Honorable Raymond W. Graham, Judge of the District Court of Tulsa County, Oklahoma.

The petitioner’s sole contention is that the judgment and sentence is void by reason of its uncertainty. In support of this contention the petitioner has attached a photostatic copy of the original judgment and sentence which provides that petitioner be confined in the State Penitentiary for a term of four years and further provides that: “Defendant to be given credit for the time spent in county jail, pending trial.” Petitioner urges that the addition of the statement above quoted invalidates the judgment and sentence. In State ex rel. Waters v. Lackey, *97*Okl. *569Cr. 41, 257 P.2d 849, this court held that a trial judge is without authority to allow a prisoner credit for time served prior to the imposition of judgment and sentence and that the only method whereby the court may take into consideration the time of imprisonment prior to judgment and sentence is when it imposes said judgment and sentence. In view of the authority above cited we are of the opinion that the phrase “Defendant to be given credit for the time spent in county jail, pending trial,” was mere surplusage and did not invalidate the judgment and sentence.

The writ is accordingly denied.

NIX, P. J., and BRETT, J., concur.
# C_2008223EN.01002502.xml

| 30.8.2008 | EN | Official Journal of the European Union | C 223/25 |
| --- | --- | --- | --- |

30.8.2008

EN

Official Journal of the European Union

C 223/25

---

Action brought on 13 June 2008 — Commission of the European Communities v Portuguese Republic

(Case C-253/08)

(2008/C 223/39)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by N. Yerrell and M Telles Romão, acting as Agents)

Applicant:

Defendant: Portuguese Republic

Defendant:

Form of order sought

| — | a declaration that, by failing to bring into force the laws, regulations and administrative provisions necessary to comply with Directive 2006/22/EC (1) of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC or, in any case, by failing to communicate them to the Commission, the Portuguese Republic has failed to fulfil its obligations under that directive; |
| --- | --- |

—

a declaration that, by failing to bring into force the laws, regulations and administrative provisions necessary to comply with Directive 2006/22/EC (1) of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC or, in any case, by failing to communicate them to the Commission, the Portuguese Republic has failed to fulfil its obligations under that directive;

1

| — | an order that the Portuguese Republic should pay the costs. |
| --- | --- |

—

an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

The period prescribed for the implementing of the directive expired on 1 April 2007.

---

(1)  OJ 2006 L 102, p. 35.

1

---
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

TJANDRA NJATA,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 12-71618

Agency No. A097-349-833

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 17, 2013** 

Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.

Tjandra Njata, a native and citizen of Indonesia, petitions for review of the

Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an

immigration judge’s decision denying his application for asylum, withholding of

removal, and relief under the Convention Against Torture (“CAT”). We have

FILED

JAN 03 2014

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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual

findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny

the petition for review.

Even if Njata were credible, the record does not compel the conclusion that

his experiences of discrimination and one random beating rose to the level of past

persecution. See Halim v. Holder, 590 F.3d 971, 975-76 (9th Cir. 2009); Hoxha v.

Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003) (harassment, threats, and one

beating did not compel finding of past persecution). Substantial evidence also

supports the BIA’s determination that, even under a disfavored group analysis,

Njata failed to establish sufficient individualized risk of harm to demonstrate a

well-founded fear of future persecution. See Halim, 590 F.3d at 979 (insufficient

individualized risk where petitioner “failed to offer any evidence that distinguishes

his exposure from those of all other ethnic Chinese Indonesians”). Accordingly,

his asylum claim fails. 

Because Njata failed to establish eligibility for asylum, he necessarily failed

to meet the more stringent standard for withholding of removal. See Zehatye, 453

F.3d at 1190. 

2 12-71618
Finally, Njata does not raise any arguments regarding the denial of CAT

relief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues

not supported by argument are deemed waived). 

PETITION FOR REVIEW DENIED.

3 12-71618
```

[Congressional Record Volume 158, Number 121 (Tuesday, September 11, 2012)]
[House]
[Page H5775]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                           IN MEMORY OF 9/11

  (Ms. HANABUSA asked and was given permission to address the House for 
1 minute.)
  Ms. HANABUSA. We all probably remember where we were when we learned 
about 9/11. We all probably had someone who came to mind immediately 
when we watched the horrific attacks on this Nation. For me, I thought 
of my friend General Eikenberry, who was at the Pentagon, on the side 
that the plane crashed into.
  Though Hawaii is the State farthest away from the east coast, we were 
also touched. We knew of at least nine who had ties to our State who 
died on 9/11, and I want to honor them by reading their names: Georgine 
Corrigan, Richard Keane, Maile Hale, Ric Yee, Patti Colodner, David 
Laychak, Christine Snyder, Heather Ho. Heather is someone special to 
me. Her grandfather actually built the town that I grew up in.
  We must also honor the brave men and women in uniform who gave their 
lives to this country in the wars following 9/11. Madam Speaker, we 
must never forget, and this country must never forget.

                          ____________________
```
[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Notices]
[Page 87838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27850]


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

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control


Notice of OFAC Sanctions Actions

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Notice

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

SUMMARY: The U.S. Department of the Treasury's Office of Foreign Assets 
Control (OFAC) is publishing the names of one or more persons that have 
been placed on OFAC's Specially Designated Nationals and Blocked 
Persons List (SDN List) based on OFAC's determination that one or more 
applicable legal criteria were satisfied. All property and interests in 
property subject to U.S. jurisdiction of these persons are blocked, and 
U.S. persons are generally prohibited from engaging in transactions 
with them.

DATES: See Supplementary Information section for effective date(s).

FOR FURTHER INFORMATION CONTACT: OFAC: Bradley T. Smith, Director, 
tel.: 202-622-6922; Associate Director for Global Targeting, tel.: 202-
622-2420; Assistant Director for Licensing, tel.: 202-622-2480; 
Assistant Director for Regulatory Affairs, tel.: 202-622-4855; or 
Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-
622-2490.

SUPPLEMENTARY INFORMATION:

Electronic Availability

    The SDN List and additional information concerning OFAC sanctions 
programs are available on OFAC's website (https://ofac.treasury.gov/).

Notice of OFAC Action

    On December 14, 2023, OFAC determined that the property and 
interests in property subject to U.S. jurisdiction of the following 
person are blocked under the relevant sanctions authority listed below.

Individual

    1. ZAREE, Majid (a.k.a. RUQAYYAH, Abu; a.k.a. ZARE, Majid), Iran; 
DOB 29 Sep 1977; nationality Iran; Additional Sanctions Information--
Subject to Secondary Sanctions; Gender Male (individual) [SDGT] [IRGC] 
(Linked To: ISLAMIC REVOLUTIONARY GUARD CORPS (IRGC)-QODS FORCE).
    Designated pursuant to 1(a)(iii)(A) of Executive Order 13224 of 
September 23, 2001, ``Blocking Property and Prohibiting Transactions 
With Persons Who Commit, Threaten to Commit, or Support Terrorism,'' 66 
FR 49079, as amended by Executive Order 13886 of September 9, 2019, 
``Modernizing Sanctions To Combat Terrorism,'' 84 FR 48041 (E.O. 13224, 
as amended), for having acted or purported to act for or on behalf of, 
directly or indirectly, the ISLAMIC REVOLUTIONARY GUARD CORPS-QODS 
FORCE, a person whose property and interests in property are blocked 
pursuant to E.O. 13224.

    Dated: December 14, 2023.
Bradley T. Smith,
Director, Office of Foreign Assets Control, U.S. Department of the 
Treasury.
[FR Doc. 2023-27850 Filed 12-18-23; 8:45 am]
BILLING CODE 4810-AL-P
# C_2013260EN.01005101.xml

| 7.9.2013 | EN | Official Journal of the European Union | C 260/51 |
| --- | --- | --- | --- |

7.9.2013

EN

Official Journal of the European Union

C 260/51

---

Order of the General Court of 12 July 2013 — Pannon Hőerőmű v Commission

(Case T-352/08) (1)

1

2013/C 260/91

Language of the case: Hungarian

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

---

(1)  OJ C 285, 8.11.2008.

1

---
```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[Senate]
[Page S6014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                       TRIBUTE TO ASHLEY MESSICK

  Mr. REID. Mr. President, I wish to take a minute and express my 
appreciation--and I speak for all Senators--to Ashley Messick, who sits 
right here in front of us and has for 7 years. Honestly, it seems she 
just came yesterday. I really mean that. She has added a lot of 
vibrancy to this body, she is always pleasant, and she has always been 
available to me, even though she sits on the Republican side, and to 
everyone else.
  So I am happy for her in one way: She is leaving because she fell in 
love and is getting married, and I am very happy for her. But we are 
really a small group of people at this front desk who do so much to 
make this place run properly. And even though she has been here 7 
years, this is something I am confident will be with her the rest of 
her life. I am grateful to her for her attitude and her 
professionalism, and I wish her the very best.

                          ____________________
```
```

[Congressional Record Volume 158, Number 118 (Friday, August 3, 2012)]
[Extensions of Remarks]
[Page E1427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                 RECOGNIZING THE OBERTO SAUSAGE COMPANY

                                 ______
                                 

                            HON. ADAM SMITH

                             of washington

                    in the house of representatives

                        Thursday, August 2, 2012

  Mr. SMITH of Washington. Mr. Speaker, I rise to honor Art and Dorothy 
Oberto and the Oberto Sausage Company, based in Kent, Washington. This 
family-owned business was built on a foundation of providing quality 
products for their customers and treating their employees well. This 
has made Oberto, which is also commonly known as Oh Boy! Oberto, one of 
the most iconic companies of the Pacific Northwest.
  In 1918, Constantino Oberto and his uncle, John, founded the Oberto 
Sausage Company in Seattle, Washington. From the very beginning, 
Constantino and John dedicated their company to selling the very best 
handmade Italian sausages and salami. Art Oberto has run the Oberto 
company since he was just 16, when his father passed away. In all, Art 
has been responsible for the family business for nearly seven decades.
  In 1964, Art introduced Natural Style Beef Jerky. He experimented 
with the product at home and the jerky was a tremendous success. It led 
to the company doubling in size and soon after Oh Boy! Oberto products 
were available nationwide.
  Art and the Oberto Sausage Company continued to be dedicated to 
innovation. They launched turkey jerky in 1994 which solidified Oh Boy! 
Oberto as the nation's top jerky manufacturer. In 2011, Oberto released 
one of the biggest innovations to the jerky industry, All Natural 
Jerky. The company was the first major company to develop a jerky made 
with all-natural ingredients.
  Mr. Speaker, it is with great honor that I recognize the hard work, 
perseverance and innovation of Art and Dorothy Oberto of Oh Boy! 
Oberto. Their dedication to quality and our community will drive the 
company forward for many years to come.

                          ____________________
```
<PAGE>

Exhibit 32

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT

         In connection with the Report of Voyager One, Inc. (the "Company") on
Form 10-QSB/A for the for the quarter ended June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John
Lichter, Chief Executive 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; 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/ John Lichter
-------------------------------------
John Lichter
Chief Executive Officer
August 26, 2004

<PAGE>

       CERTIFICATION OF PRESIDENT AND CHIEF FINANCIAL OFFICER PURSUANT TO
                      SECTION 906 OF THE SARBANES-OXLEY ACT

         In connection with the Report of Voyager One, Inc. (the "Company") on
Form 10-QSB/A for the for the quarter ended June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Sebastien DuFort, President and Acting Chief Financial 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; 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/ Sebastien DuFort
-------------------------------------
Sebastien DuFort
President and Acting Chief Financial Officer
August 26, 2004
<PAGE>

                                                                    EXHIBIT 32.1


                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 Vyteris Holdings (Nevada), Inc. (the
"Company") on Form 10-QSB for the quarter ended March 31, 2005 as filed with the
Securities and Exchange Commission (the "Report"), I, Vincent De Caprio, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 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 the Report fairly presents, in all
                material respects, the consolidated financial condition of the
                Company as of the dates presented and consolidated results of
                operations of the Company for the periods presented.




     May 16, 2005                                  /S/ VINCENT DE CAPRIO
                                                   ---------------------
                                                       Vincent De Caprio
                                                       Chief Executive Officer


This certification has been furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.


                                       48