alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 32003R0359 - EN

Avis juridique important

*|*

# 32003R0359

**Commission Regulation (EC) No 359/2003 of 27 February 2003 amending Regulation (EC) No 2771/1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream **

*
Official Journal L 053 , 28/02/2003 P. 0017 - 0017 *

Commission Regulation (EC) No 359/2003

of 27 February 2003

amending Regulation (EC) No 2771/1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), as last amended by Commission Regulation (EC) No 509/2002(2), and in particular Article 10 thereof,

Whereas:

(1) The third subparagraph of Article 6(3) of Regulation (EC) No 1255/1999 provides that private storage aid for butter may be increased in cases where, at the time of removal from storage, an adverse change unforeseeable at the time of entry into storage has occurred on the market.

(2) To implement that provision, Article 38 of Commission Regulation (EC) No 2771/1999(3), as last amended by Regulation (EC) No 1614/2001(4), provides that, subject to certain conditions, the aid is to be increased or reduced if the maximum buying-in price fixed by invitation to tender expressed in euro or, for the countries not participating in the single currency, in national currency is not the same on the last day of the contract period as on the first.

(3) Since reductions in the intervention price have already been fixed until 2007 by Article 4 of Regulation (EC) No 1255/1999, reductions in the maximum buying-in price and the market price are foreseeable.

(4) Without prejudice to the Commission's power, under the procedure referred to in Article 42 of Regulation (EC) No 1255/1999, to increase the private storage aid for butter when the conditions laid down in the third subparagraph of Article 6(3) are met, paragraphs 2 and 3 of Article 38 of Regulation (EC) No 2771/1999 should be deleted.

(5) Regulation (EC) No 2771/1999 should be amended accordingly.

(6) The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Article 38(2) and (3) of Regulation (EC) No 2771/1999 are hereby deleted.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

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

Done at Brussels, 27 February 2003.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48.

(2) OJ L 79, 22.3.2002, p. 15.

(3) OJ L 333, 24.12.1999, p. 11.

(4) OJ L 214, 8.8.2001, p. 20.
#### Harold D. HARDEN, Plaintiff-Appellant, v. MONNINGHOFF, Dr.; Aguiar, S/O at NDOC, Defendants-Appellees.

No. 16-17204

United States Court of Appeals, Ninth Circuit.

Submitted November 15, 2017 *

Filed November 20, 2017

Harold D. Harden, Pro Se

D. Randall Gilmer, Deputy Attorney General, AGNV — Office of the Nevada Attorney General (Las Vegas), Las Vegas, NV, for Defendants-Appellees

Before: CANBY, TROTT, and GRABER, Circuit Judges.

*

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

MEMORANDUM **

Nevada state prisoner Harold D. Harden appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging a due process violation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s decision on cross-motions for summary judgment. *Guatay Christian Fellowship v. County of San Diego,*670 F.3d 957, 970 (9th Cir. 2011). We affirm.

The district court properly granted summary judgment for defendant Moninghoff (erroneously sued as Monninghoff) because Harden failed to raise a genuine dispute of material fact as to whether Moninghoff personally participated in the alleged rights deprivation. *See Jones v. Williams,*297 F.3d 930, 934 (9th Cir. 2002) (liability under § 1983 requires showing of personal participation in the alleged rights deprivation).

The district court properly granted summary judgment for defendant Aguilera (erroneously sued as Aguiar) because it would not have been clear to every reasonable officer that carrying out a transfer order was unlawful under the circumstances. *See Ashcroft v. al-Kidd,*563 U.S. 731, 741, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) (discussing qualified immunity and noting that a right is clearly established only if “every reasonable official would have understood that what he is doing violates that right” (citation and internal quotation marks omitted)).

We reject as without merit Harden’s contention that the parties reached a settlement on which defendants later reneged.

We do not consider matters not specifically and distinctly raised and argued in the opening brief. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

**

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

Action brought on 8 September 2005 — Kingdom of Spain v Commission of the European Communities

(Case T-341/05)

(2005/C 271/49)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: J.M. Rodríguez Cárcamo, abogado del Estado)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

Pleas in law and main arguments

This action is brought against Commission Regulation (EC) No 909/2005 of 16 June 2005 fixing the export refunds on milk and milk products, (1) in so far as it excludes Ceuta and Melilla as destinations qualifying for export refunds for milk products in general. The objective of such an exclusion is to put an end to certain unlawful commercial transactions consisting in exporting certain products to those two destinations and collecting the relevant refund, before processing the products and re-importing them into Community territory without paying any customs duties.

In support of its claims, the Kingdom of Spain invokes:

----

(1)OJ L 154 of 17.6.2005, p. 10.

(2)OJ L 160 of 26.6.1999, p. 48.

----
# Court of Appeals

**First District of Texas**

BILL OF COSTS

No. 01

- 14

- 00094

- CV

Byron Robinson

v

.

Elizabeth Shelton

NO. 1039938 IN THE CO CIVIL CT AT LAW N O 1 OF HARRIS C OUNTY

TYPE OF FEE CHARGES PAID/DUE STATUS PAID BY

MT FEE

MT FEE

MT FEE

RPT RECORD

FILING

STATEWIDE EFILING

CLK RECORD

MT FEE $10.00
$10.00
$10.00
$338.50
$175.00
$20.00
$62.00
$10.00 07/31/2014

06/12/2014

05/13/2014

04/15/2014

03/23/2014

03/23/2014

02/27/2014

02/10/2014 E

- PAID

E

- PAID

E

- PAID

PAID

E

- PAID

E

- PAID

PAID

NOT PAID APE

ANT

ANT

A NT

ANT

ANT

ANT

ANT



### The costs incurred on appeal to the First Court of Appeals Houston, Texas are $635.50.

Court costs in this case have been taxed in this Court’s judgment

I, Christopher A. Prine
, Clerk o f the Court of Appeals for the First District of Texas, do hereby certify that this is a true statement of the costs of appeal in this case.

IN TESTIMONY WHEREOF, witness myhand and the seal of the Court of Appeals for the First District of Texas, this July 13, 2015

.
#### UNITED STATES of America, Plaintiff-Appellee, v. Arnulfo ZEPEDA, Jr., Defendant-Appellant.

No. 17-40267 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed December 5, 2017

Jessica Carol Akins, Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee

Oscar J. Pena, Laredo, TX, for Defendant-Appellant

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: *

Arnulfo Zepeda, Jr., pleaded guilty of conspiracy to possess with intent to distribute 50 kilograms or more of marihuana in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(C) (Count 1) and possession with intent to distribute 50 kilograms or more of marihuana in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C) and 18 U.S.C. § 2 (Count 2). The district court sentenced Zepeda to 96 months of imprisonment concurrently on each count. Zepe-da contends that his within-guideline sentence is greater than necessary to achieve the goals of 18 U.S.C. § 3553 and is therefore substantively unreasonable. He claims that the district court placed too much emphasis on his criminal history while ignoring his limited role in the offense. This court reviews the substantive reasonableness of a sentence for abuse of discretion. *Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

Though Zepeda never urged a mitigating-role adjustment under U.S.S.G. § 3B1.2, the district court heard his theory that a lower sentence was warranted because he was a “mere carrier” rather than a leader or organizer and because his crime involved a relatively small amount of marihuana. Zepeda’s mere belief that the mitigating factors should have been balanced differently is insufficient to disturb the presumption that the within-guideline sentence is reasonable. *See United States v. Alvarado,*691 F.3d 592, 597 (5th Cir. 2012).

Because his criminal history significantly increased the guideline range, Zepeda claims that the criminal history overstated the seriousness of his past criminal conduct. The significant impact that Zepeda’s criminal history had on his sentence, however, does not make the sentence unreasonable. *See United States v. Duarte,*569 F.3d 528, 530 (5th Cir. 2009). Moreover, the court’s consideration of Zepeda’s arrest record, which was sufficiently corroborated and reliable, was authorized under this court’s precedent. *See United States v. Harris,*702 F.3d 226, 230 (5th Cir. 2012).

Zepeda has not rebutted the presumption of reasonableness. *See United States v. Cooks,*589 F.3d 173, 186 (5th Cir. 2009). Accordingly, the judgment of sentence is AFFIRMED.

*

 Pursuant to 5th Cíe. 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.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 115 Agreed to Senate (ATS)]

104th CONGRESS
  1st Session
S. RES. 115

Expressing the sense of the Senate that America's World War II veterans 
     and their families are deserving of this Nation's respect and 
          appreciation on the Fiftieth Anniversary of V-E Day.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                  May 8 (legislative day, May 1), 1995

   Mr. Dole (for himself, Mr. Inouye, Mr. Thurmond, Mr. Heflin, Mr. 
Stevens, Mr. Gorton, Mr. Warner, Mr. Bumpers, Mr. Chafee, Mr. Pell, Mr. 
Hatfield, Mr. Glenn, Mr. Roth, Mr. Helms, Mr. Moynihan, Mr. Lautenberg, 
Mr. Exon, Mr. Akaka, Mr. Ford, Mr. Hollings, Mr. Daschle, Mr. Abraham, 
  Mr. Ashcroft, Mr. Baucus, Mr. Bennett, Mr. Biden, Mr. Bingaman, Mr. 
 Bond, Mrs. Boxer, Mr. Bradley, Mr. Breaux, Mr. Brown, Mr. Bryan, Mr. 
 Burns, Mr. Byrd, Mr. Campbell, Mr. Coats, Mr. Cochran, Mr. Cohen, Mr. 
 Conrad, Mr. Coverdell, Mr. Craig, Mr. D'Amato, Mr. DeWine, Mr. Dodd, 
Mr. Domenici, Mr. Dorgan, Mr. Faircloth, Mr. Feingold, Mrs. Feinstein, 
 Mr. Frist, Mr. Graham, Mr. Gramm, Mr. Grams, Mr. Grassley, Mr. Gregg, 
 Mr. Harkin, Mr. Hatch, Mrs. Hutchison, Mr. Inhofe, Mr. Jeffords, Mr. 
Johnston, Mrs. Kassebaum, Mr. Kempthorne, Mr. Kennedy, Mr. Kerrey, Mr. 
  Kerry, Mr. Kohl, Mr. Kyl, Mr. Leahy, Mr. Levin, Mr. Lieberman, Mr. 
Lott, Mr. Lugar, Mr. Mack, Mr. McCain, Mr. McConnell, Ms. Mikulski, Ms. 
 Moseley-Braun, Mr. Murkowski, Mrs. Murray, Mr. Nickles, Mr. Nunn, Mr. 
Packwood, Mr. Pressler, Mr. Pryor, Mr. Reid, Mr. Robb, Mr. Rockefeller, 
  Mr. Santorum, Mr. Sarbanes, Mr. Shelby, Mr. Simon, Mr. Simpson, Mr. 
Smith, Ms. Snowe, Mr. Specter, Mr. Thomas, and Mr. Thompson) submitted 
      the following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Expressing the sense of the Senate that America's World War II veterans 
     and their families are deserving of this Nation's respect and 
          appreciation on the Fiftieth Anniversary of V-E Day.
Whereas on May 7, 1945, in Reims, France, the German High command signed the 
        document of surrender, surrendering all air, land and sea forces 
        unconditionally to the Allies;
Whereas President Harry S Truman proclaimed May 8, 1945, to be V-E Day;
Whereas May 8, 1995, is the Fiftieth Anniversary of that proclamation;
Whereas, the courage and sacrifice of the American fighting men and women who 
        served with distinction to save the world from tyranny and aggression 
        should always be remembered: Now, therefore, be it
    Resolved, That the United States Senate joins with a grateful 
Nation in expressing our respect and appreciation to the men and women 
who served in World War II, and their families. Further, we remember 
and pay tribute to those Americans who made the ultimate sacrifice and 
gave their life for their country.
                                 <all>
```
104TH CONGRESS

2D SESSION S. 975

AN ACT

To authorize the Secretary of Transportation to issue a

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

JAJO, 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 975 ES

1 SECTION 1. VESSEL 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 JAJO, hull iden9 tification number R1Z200207H280, and State of Rhode

10 Island registration number 388133.

Passed the Senate July 29, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 975

AN ACT

To authorize the Secretary of Transportation to

purposes.wise trade for the vessel JAJO, and for otherpriate endorsement for employment in the coastissue a certificate of documentation with appro-
EXHIBIT 99.2

                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 Matrixx Initiatives, Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, William
J. Hemelt, Executive Vice President, Chief Financial Officer, Treasurer and
Secretary of the Company, certify, pursuant to 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 results of operations
          of the Company.

                                        /s/ William J. Hemelt
                                        ----------------------------------------
                                        William J. Hemelt
                                        Executive Vice President, Chief
                                        Financial Officer, Treasurer & Secretary


Dated May 15, 2003
EXHIBIT 4.1



Specimen Certificate of Common Stock

Incorporated  under  the  laws  of  the  State  of  Delaware

Hotel  Outsource  Management  International,  Inc.

Authorized  to  issue  35,000,000  shares
30,000,000  Common  Shares                         5,000,000  Preferred  Shares
Par  value  $.001  each                            Par  value  $.001

This  certifies  that  ________________  is  the  owner  of  ___________
Fully  paid  and  non-assessable  shares of the common shares of Hotel Outsource
Management International, Inc. transferable only on the books of the Corporation
by  the holder hereof in person or by duly authorized Attorney upon surrender of
this  Certificate  properly  endorsed.

In  witness  whereof,  the  said  Corporation  has caused this Certificate to be
signed  by  its  duly  authorized officers and to be sealed with the Seal of the
Corporation  this  ___  day  of  ___  A.D.
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE

.

IN THE 

## A RIZONA 

## C OURT OF 

## A PPEALS

D IVISION O NE

STATE OF ARIZONA , Respondent ,

v.
WILLIE JAMES LOVE, JR. , Petitioner

. No. 1 CA

- CR 21

- 0081 PRPC

Petition for Review from the Superior Court in M ohave County

No. S8015CR 20140 0 553 The Honorable Derek C. Carlisle , Judge

REVIEW GRANTED ; RELIEF DENIED

APPEARANCES
Mohave County Attorney ’ s Office , Kingman By Matthew J. Smith Counsel for Respondent
Willie James Love, Jr. , San Luis Petitioner FILED 8-24-2021STATE v. LOVE Decision of the Court

2 MEMORANDUM DECISION Presiding Judge Jennifer B. Campbell, Judge Samuel A. Thumma, and Chief Judge Kent E. Cattani delivered the decision of the Court.

PER CURIAM : ¶1 Petitioner Willie James Love, Jr., seeks review of the superior court’s order denying his latest successive petition for post

- conviction relief

. ¶2 Absent an abuse of discretion or error of law, this C ourt will not disturb a superior court’s ruling on a petition for post

- conviction relief. S tate v. Gutierrez , 229 Ariz. 573, 577, ¶ 19 (2012). It is petitioner’s burden to show that the superior court abused its discretion by denying the petition for post

- conviction relief. See State v. Poblete , 227 Ariz. 537, 538, ¶ 1 (App. 2011) (petitioner h as burden of establishing abuse of discretion on review). ¶3 We have reviewed the record in this matter, the superior court’s order denying the petition for post

- conviction relief, and the petition for review. We find that petitioner has not established an ab use of discretion. ¶4 We grant review but deny relief.
#### Ricky Ronnell EWING, Plaintiff-Appellant v. Denstiny RICHIE, Nurse; Latrina Gamble, Correctional Officer; Porchia Johnson, Correctional Officer, Defendants-Appellees

No. 17-60176

United States Court of Appeals, Fifth Circuit.

Filed November 15, 2017

Ricky Ronnell Ewing, Pro Se

Michael James Bentley, Esq., Erin Diane Saltaformaggio, Bradley Arant Boult Cummings, L.L.P., Jackson, MS, for Defendant-Appellee

Before SMITH, PRADO, and ELROD, Circuit Judges.

PER CURIAM: *

Ricky Ronnell Ewing, Mississippi prisoner # 34353, moves for leave to proceed in forma pauperis (IFP) on appeal from the dismissal of his 42 U.S.C. § 1983 complaint. The district court denied Ewing leave to proceed IFP on appeal, certifying that the appeal was not taken in good faith because Ewing had not sought review of any issue that was arguable on its merits.

Ewing pleads his indigency but does not challenge any legal aspect of the district court’s disposition of his § 1983 complaint or the certification that his appeal is not taken in good faith. Accordingly, he has abandoned the critical issues of his appeal. *See Brinkmann v. Dallas County Deputy Sheriff Abner,*813 F.2d 744, 748 (5th Cir. 1987). Thus, the appeal lacks arguable merit and is therefore frivolous. *See Howard v. King,*707 F.2d 215, 220 (5th Cir. 1983). Ewing’s motion for leave to proceed IFP on appeal is DENIED, and his appeal is DISMISSED as frivolous. *See Baugh v. Taylor,*117 F.3d 197, 202 n.24 (5th Cir. 1997); 5th Cir. R. 42.2.

*

 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.
[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Page 14508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05407]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[B-77-2021]


Foreign-Trade Zone (FTZ) 18--San Jose, California; Authorization 
of Production Activity; Lam Research Corporation (Wafer Fabrication 
Equipment, Subassemblies, and Related Parts), Fremont, Hayward, 
Livermore, Newark, and Tracy, California

    On November 10, 2021, Lam Research Corporation submitted a 
notification of proposed production activity to the FTZ Board for its 
facilities within Subzone 18F, in Fremont, Hayward, Livermore, Newark, 
and Tracy, California.
    The notification was processed in accordance with the regulations 
of the FTZ Board (15 CFR part 400), including notice in the Federal 
Register inviting public comment (86 FR 66522, November 23, 2021). On 
March 10, 2022, the applicant was notified of the FTZ Board's decision 
that no further review of the activity is warranted at this time. The 
production activity described in the notification was authorized, 
subject to the FTZ Act and the FTZ Board's regulations, including 
Section 400.14.

    Dated: March 10, 2022.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2022-05407 Filed 3-14-22; 8:45 am]
BILLING CODE 3510-DS-P
----

----

| (1)    | the Quarterly Report on Form 10-Q of the Company for the quarterly period ended June 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: July 30, 2010 | /s/ Joseph L. Sullivan        |   |
|---------------------|-------------------------------|--------|
|                | Joseph L. Sullivan            |   |
|                | President and General Manager |   |
|                | (principal executive officer) |   |

----

----
EXHIBIT 32.1
 
 CERTIFICATION PURSUANT TO
 SECTION 906 OF THE
 SARBANES-OXLEY ACT OF 2002
 
 I, Joseph L. Sullivan, President of CE Casecnan Water and Energy Company, Inc. (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge:
 
 (1)
the Quarterly Report on Form 10-Q of the Company for the quarterly period ended June 30, 2004 (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: August 3 , 2004
 
 
 
 /s/ Joseph L. Sullivan
 Joseph L. Sullivan
 President
 (chief executive officer)