alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 32002D0312 - EN

Avis juridique important

*|*

# 32002D0312

**2002/312/EC: Council Decision of 15 April 2002 concerning the acceptance, on behalf of the European Community, of the Agreement establishing the Terms of Reference of the International Jute Study Group, 2001 **

*
Official Journal L 112 , 27/04/2002 P. 0034 - 0034 *

Council Decision

of 15 April 2002

concerning the acceptance, on behalf of the European Community, of the Agreement establishing the Terms of Reference of the International Jute Study Group, 2001

(2002/312/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) On 13 March 2001 the negotiating conference set up by the United Nations Conference on Trade and Development (Unctad) adopted the Agreement establishing the Terms of Reference of the International Jute Study Group, 2001 (hereinafter referred to as the Agreement).

(2) This new Agreement has been negotiated to replace the International Jute Agreement, 1989, which went into liquidation on 11 October 2001.

(3) The Community is a member of the International Jute Agreement, 1989, as extended, and it is therefore in its interest to approve the Agreement, which replaces it,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement establishing the Terms of Reference of the International Jute Study Group, 2001 is hereby approved on behalf of the European Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of acceptance on behalf of the Community(1).

Done at Luxembourg, 15 April 2002.

For the Council

The President

J. Piqué I Camps

(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.
This memorandum is uncorrected and subject to revision before

publication in the New York Reports.

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

No. 43 

The People &c.,

 Respondent,

 v.

Omar A. Smalling, 

 Appellant.

Jenin Younes, for appellant.

Jill A. Gross-Marks, for respondent.

MEMORANDUM:

The order of the Appellate Division should be reversed

and a new trial ordered. 

Although we reject defendant's contention that the

evidence presented at trial did not support a charge of

constructive possession, we nevertheless conclude that defendant

- 1 -
- 2 - No. 43

is entitled to a new trial. The trial court erred in that it

agreed to the People's request at the charge conference not to

charge the jury on constructive possession, but then ultimately

provided a constructive possession charge to the jury, resulting

in prejudice to defendant (see CPL 300.10 [4]; People v Greene,

75 NY2d 875, 876-877 [1990]). Under the unique circumstances of

this case, the error is not harmless (cf. People v Nevins, 16

AD3d 1046, 1047 [4th Dept 2005], lv denied 4 NY3d 889 [2005],

cert denied 548 US 911 [2006]).

* * * * * * * * * * * * * * * * *

Order reversed and a new trial ordered, in a memorandum. Chief

Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson

concur.

Decided May 2, 2017

- 2 -
II

Calendar No. 320

104TH CONGRESS

2D SESSION S. 889

[Report No. 104–218]

To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise

trade for the vessel WOLF GANG II, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 7 (legislative day, JUNE 5), 1995

Mrs. MURRAY introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

JANUARY 26, 1996

Reported by Mr. PRESSLER, without amendment

A BILL

To authorize the Secretary of Transportation to issue a

certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel

WOLF GANG II, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 889 RS

1 SECTION 1. CERTIFICATE OF DOCUMENTATION.

2 Notwithstanding section 27 of the Merchant Marine

3 Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of

4 June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App.

5 289), and section 12106 of title 46, United States Code,

6 the Secretary of Transportation may issue a certificate of

7 documentation with appropriate endorsement for employ8 ment in the coastwise trade for the vessel WOLF GANG

9 II, United States official number 984934.

Calendar No. 320

104TH CONGRESS

2D SESSION S. 889

[Report No. 104–218]

A BILL

To authorize the Secretary of Transportation to

for other purposes.wise trade for the vessel WOLF GANG II, andpriate endorsement for employment in the coastissue a certificate of documentation with approJANUARY 26, 1996

Reported without amendment
#### Michael J. MITCHELL, Plaintiff-Appellant, v. SNOWDEN; et al., Defendants-Appellees.

No. 16-16848

United States Court of Appeals, Ninth Circuit.

Submitted October 23, 2017 *

Filed November 1, 2017

Michael J. Mitchell, Pro Se

Misha Igra, Esquire, Supervising Deputy Attorney General, AGCA-Office of the *720California Attorney General, Sacramento, CA, for Defendants-Appellees

Before: McKEOWN, WATFORD, and FRIEPLAND, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Michael J. Mitchell, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal on the basis of the applicable statute of limitations. *Lukovsky v. City & County of San Francisco,*535 F.3d 1044, 1047 (9th Cir. 2008). We vacate and remand.

The district court properly concluded that the pendency of Mitchell’s prior federal action did not toll the statute of limitations. *See*Cal. Civ. Proc. Code §§ 335.1, 352.1(a) (two-year statute of limitations for personal injury claims; two-year tolling period due to incarceration); *Jones v. Blanas,*393 F.3d 918, 927 (9th Cir. 2004) (forum state’s personal injury statute of limitations and tolling laws apply to § 1983 actions); *Martell v. Antelope Valley Hosp. Med. Ctr.,*67 Cal.App.4th 978, 79 Cal.Rptr.2d 329, 334 (1998) (a plaintiffs pursuit of successive claims in the same forum does not warrant application of equitable tolling). However, Mitchell also argued that the statute of limitations should be tolled because of his mental illness and multiple prison transfers. These factors should have been evaluated under California’s equitable tolling doctrine. *See Fink v. Shedler,*192 F.3d 911, 916 (9th Cir. 1999) (three-pronged test for equitable tolling in California). We vacate the judgment and remand for further proceedings.

On remand, the district court should reevaluate whether counsel should be appointed in light of Mitchell’s mental illness and medical conditions. *See McElyea v. Babbitt,*833 F.2d 196, 199 n.3 (9th Cir. 1987) (evaluation of exceptional circumstances requires consideration of both the “characteristics of the claim and the litigant”).

We do not consider documents and facts not presented to the district court. *See United States v. Elias,*921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not presented to the district court are not part of the record on appeal.”).

Appellees shall bear the costs on appeal.

VACATED and REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Exhibit 10.4


      NEW HARVEST CAPITAL CORPORATION
            225 West 37th Street
          New York, New York 10018




                              February 1, 2002

Mr. Joseph L. Murphy,
President & CEO
JLM Couture, Inc.
501 Seventh Avenue
Suite 1318
New York, NY 10018

Re:  New Harvest Capital Corporation ("Harvest")

Dear Mr. Murphy:

     This will confirm that Harvest agrees
to sell and JLM Couture, Inc. ("JLM") agrees to
purchase 68,740 shares of JLM Common Stock at
$ 2.355 per share, that being the average
closing ask price for the ten consecutive
trading days prior to the date hereof.

     If this accurately reflects your
understanding of the agreement, please
execute and date a copy of this letter
where indicated below and return it by fax
and mail.  Please send a check for payment
in the amount of $161,882.70 and we will
arrange to transfer the 68,740 shares of JLM
Common Stock to JLM.

     Should you have any questions, please call.

                    Sincerely

                    NEW HARVEST CAPITAL CORPORATION


                    By:  /s/Joseph L. Murphy
                    Name:   Joseph L. Murphy
                    Title:  President


Agreed and Accepted this
2nd day of February 2002

JLM COUTURE, INC.



By: /s/Joseph L. Murphy
    Joseph L. Murphy, President & CEO
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS AIR FORCE FLIGHT STANDARDS AGENCY

10 Jun 13

MEMORANDUM FOR HQ FAA/AGC-10

FROM: HQ AFFSA/A3O 6500 South MacArthur Blvd (AJW31AF) Oklahoma City, OK 73169

SUBJECT: Addition to Exemp tion 7960 (Docket No. FAA-2001-10191)

1. Title 14 Code of Federal Regulations (CFR) Exemption 7960 was granted to the United States Air Force on 24 Jan 2003 (renewed as 7960E on 6 Dec 2011) and exempts ce rtain activities of the USAF from the provisions of 14 CFR §91.209 (a)(1) and (b). The requirement for the Air Force, and other military service’s aircraft pa rticipating in approved joint or combined air operations, to conduct night vision device (NVD) training with light s out in Military Operating Areas (MOA) continues. We request two addi tional MOAs be added to the Exemption IAW 14
CFR Part 11.

2. The Air Force respectfully re quests additional MOA’s be added to the list of approved areas.
The list of MOAs to be covered under this exem ption is maintained as Attachment 1 to this letter. Changes to this list from the previous list include two additional of MOAs.

3. The Air Force will continue to abide by al l the terms and conditions of Exemption 7960, as amended. These include, but are not limited to: issuing a NOTAM at least 48 hours before the lights out operations are to be gin; providing annual informa tional briefings to local flying organizations and other civilian users within 100 nautical miles of the MOA airspace; developing a letter of agreement with th e servicing air traffi c control facility; and continuous radar monitoring by military personnel to detect all nonparticipating aircraft. As lights out NVD operations have been conducted safely by these units since this exemption was granted in 2003, the Air Force Flight Standards Agency, on behalf of the Department of the Air Force, requests your consideration in granting this request.

3. I may be contacted at (405) 582-5024, e-mail: hqaffsa.a3of@tinker.af.mil . Thank you in advance for your consider ation and assistance.

ALEX E. KRAUSE, Maj, USAF Chief, Flight Directives DivisionATTACHMENT 1 2013 MOA List for FAA Exemption 7960 * = new or change for 2013

MOA (All subdivisions unless otherwise note d. e.g. Eagle Hi & Lo, 1 & 2, etc.)

Adirondack Gamecock Pike Airburst Gandy Pine Hill Avon Gladden Pinon Canyon Bagdad Goose Powder River Basinger Hart Red Hills Beaver Hays Reserve Birch Hill Top Reveille Bison Hog (Hi N&S, Lo N&S) Rose Hill

Bronco Howard Saddle

Brownwood Jackal Salem Brush Creek Jarbidge Sells Buckeye Juniper Sevier Buffalo Kingsville Seymour Johnson Bulldog La Veta (Low) Smokey Camden Ridge Lake Andes Snoopy Carthage Lake Placid Steelhead Cato Lindbergh Stony Cheyenne Lowville Susitna

Condor Lucin Taiban Cranberry Marian Talon Crypt Moody Tiger

Delta Morenci Tombstone

Desert Mt. Dora Truman DeSoto Naknek Tupper

Devils Lake O’Neill Turtle Dolphin Olympic Twelve Mile Duke Outlaw Viper* Eielson Owyhee Volk

Eureka Palatka Warrior

Falls Paradise White Elk*

Farmville Pecos Yankee

Fox Pickett Yukon

Galena
Prepared by R.R. Donnelley Financial -- Second Amendment to Rights Agreement



  
 Exhibit 4.7 
  
 SECOND 
 AMENDMENT TO 
 TO 
 RIGHTS AGREEMENT 
  
 THIS SECOND AMENDMENT TO RIGHTS AGREEMENT (this “Amendment”) is made this 24th day of May, 2002 by Nanophase Technologies Corporation (the “Company”) and LaSalle National Association (as successor in interest to LaSalle National Bank), as Rights Agent (the “Rights Agent”) under
that certain Rights Agreement dated October 28, 1998 as amended August 1, 2001 (as amended, the “Rights Agreement”) between the Company and the Rights Agent. This Amendment only amends certain portions of the Rights Agreement and is
effective as 12:00 p.m. (Eastern Time), May 24, 2002. All provisions of the Rights Agreement which are not amended by this Amendment shall remain in full force and effect. 
  
 1.    Section 1(a) of the Rights Agreement is hereby amended by deleting the word “20%” in each place that it appears in such section and
replacing it with the word “25%”. In addition, any corresponding reference to a term defined in such Section 1(a) shall be similarly amended. It is the intent of the Company and the Rights Agent that the 20% ownership threshold referenced
in such Section 1(a) be increased to 25%. Accordingly, any provision of the Rights Agreement inconsistent with such purpose is hereby also amended. 
  
 2.    Except as specifically set forth herein, all other terms and conditions as set forth in the Rights Agreement shall remain in full force and effect, and are not otherwise
amended, altered, modified, or revised. 
  
 3.    This document may be executed in one or more
counterparts, each of which so executed and delivered shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 
  
 IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day and year first above written. 
  
 
	 Nanophase Technologies Corporation
 	 	  	 	 LaSalle National Association
     as Rights Agent
 
	 
	 By:
 	 	 /s/    Jess Jankowski        
 
	 	  	 	 By:
 	 	 /s/    Gregory Malatia        
 

	  	 	 Jess Jankowski,
 Secretary  
 	 	  	 	  	 	 Gregory Malatia,
 First Vice
President
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL SUMMARY FINANCIAL
INFORMATION EXTRACTED FROM CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENT
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                                        <C>
<PERIOD-TYPE>                                 3-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          34,391
<SECURITIES>                                         0
<RECEIVABLES>                                   46,260
<ALLOWANCES>                                       636
<INVENTORY>                                        223
<CURRENT-ASSETS>                                81,780
<PP&E>                                         168,303
<DEPRECIATION>                                  24,177
<TOTAL-ASSETS>                                 278,333
<CURRENT-LIABILITIES>                           20,718
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           111
<OTHER-SE>                                     107,983
<TOTAL-LIABILITY-AND-EQUITY>                   278,333
<SALES>                                         54,732
<TOTAL-REVENUES>                                54,732
<CGS>                                           36,104
<TOTAL-COSTS>                                   36,104
<OTHER-EXPENSES>                                 (556)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,324
<INCOME-PRETAX>                                  3,101
<INCOME-TAX>                                     1,225
<INCOME-CONTINUING>                              1,876
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,876
<EPS-PRIMARY>                                      .17
<EPS-DILUTED>                                      .17
        

</TABLE>
----

| (1)    | the Quarterly Report on Form 10-Q of the Company for the quarterly period ended September 30, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                                                               |
| (2)    | the information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.                                                                                                                |

| Date: November 5, 2010 | /s/ Joseph L. Sullivan        |   |
|------------------------|-------------------------------|--------|
|                   | Joseph L. Sullivan            |   |
|                   | President and General Manager |   |
|                   | (principal executive officer) |   |

----
CERTIFICATE
      OF FORMATION






OF






NISSAN
      AUTO LEASING LLC II






This
      Certificate of Formation of Nissan Auto Leasing LLC II (the “LLC”), dated as of
      October 24, 2001, is being duly executed and filed by Tammy Wong-Massey, an
      individual, as an authorized person, to form a limited liability company under
      the Delaware Limited Liability Company Act (6 Del. C. §18-101, et
      seq.).






FIRST.  The
      name of the limited liability company formed hereby is Nissan Auto Leasing
      LLC
      II.






SECOND.  The
      address of the registered office of the LLC in the State of Delaware is c/o
      Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington,
      New
      Castle County, Delaware  19808.






THIRD.  The
      name and address of the registered agent for service of process on the LLC
      in
      the State of Delaware is Corporation Service Company, 2711 Centerville Road,
      Suite 400, Wilmington, New Castle County,
      Delaware  19808.







































10
#### UNITED STATES of America, Plaintiff-Appellee v. Conrado PARTIDA-CALLES, Defendant-Appellant

No. 17-10561 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed December 5, 2017

James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee

Jerry Van Beard, Esq., Assistant Federal Public Defender, Federal Public Defender’s Office, Northern District of Texas, Fort Worth, TX, Carly Elizabeth Barton, Federal Public Defender’s Office, Northern District of Texas, Lubbock, TX, for Defendant-Appellant

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: *

Conrado Partida-Calles appeals the 24-month above-guidelines sentence and three-year term of supervised release imposed following his guilty plea conviction for illegal reentry after deportation. He argues that his sentence violates due process because it exceeds the statutory maximum sentence of 8 U.S.C. § 1326(a). He concedes that the issue whether his eligibility for a sentencing enhancement under § 1326(b) must be alleged in the indictment and proved to a jury is foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). He seeks to preserve the issue for possible Supreme Court review because, he argues, subsequent Supreme Court decisions indicate, that the Court may reconsider this issue.

In *Almendarez-Torres,*523 U.S. at 239-47, 118 S.Ct. 1219, the Supreme Court held that for purposes of a statutory sentencing enhancement, a prior conviction is not a fact that must be alleged in an indictment or found by a jury beyond a reasonable doubt. Subsequent Supreme Court decisions have not overruled *Almendarez-Torres. See United States v. Wallace,*759 F.3d 486, 497 (5th Cir. 2014) (considering the effect of *Alleyne v. United States,*570 U.S. 99, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013)); *United States v. Pineda-Arrellano,*492 F.3d 624, 625-26 (5th Cir. 2007) (considering the effect of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)). Thus, Partida-Calles’s argument is foreclosed.

Accordingly, the Government’s motion for summary affirmance is GRANTED, the Government’s-alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.

*

 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.
## State of N ew York Su p reme C ou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: August 7, 2014 518352

________________________________ In the Matter of the Claim of WALTER W. McCARTHY, Appellant. MEMORANDUM AND ORDER COMMISSIONER OF LABOR, Respondent.

________________________________ Calendar Date: June 9, 2014 Before: Lahtinen, J.P., Stein, McCarthy, Rose and Egan Jr., JJ.

__________ Glass Krakower, LLP, New York City (Bryan D. Glass of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.

__________ Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 22, 2013, which, among other things, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Claimant took a job as a plumber based on the representations of his union business agent as to the hours he would be working, but left the job after it became apparent that those representations had been inaccurate. Prior to quitting, claimant made no effort to address the issue with either the employer or his union (see Matter of Sampica [Commissioner of Labor], 252 AD2d 702, 703 [1998]). Dissatisfaction with one's work schedule does not constitute good cause for leaving one's employment, and substantial evidence accordingly supports the decision of the Unemployment Insurance Appeal Board disqualifying-2- 518352

claimant from receiving unemployment insurance benefits (see Matter of della Croce [Commissioner of Labor], 117 AD3d 1249, 1249 [2014]; Matter of Hurley, 67 AD3d 1153, 1154 [2009]). Inasmuch as claimant falsely reported when applying for benefits that he had left the job due to a lack of work, substantial evidence similarly supports the Board's finding that he had made a willful misrepresentation to obtain benefits (see Matter of DeGennaro [Commissioner of Labor], 68 AD3d 1274, 1275 [2009]). Lahtinen, J.P., Stein, McCarthy, Rose and Egan Jr., JJ., concur.

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court