alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellant, v. Steven LAVINSKY, AKA amhari99, AKA amhari99@yahoo.com, AKA Chabon, Defendant-Appellee.

No. 16-50428

United States Court of Appeals, Ninth Circuit.

*594Submitted February 16, 2018 * Pasadena, California

Filed February 22, 2018

L. Ashley Aull, Aron Ketchel, Assistant U.S. Attorney, DOJ—Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellant

Caleb Edward Mason, Attorney, Brown, White & Osborn LLP, Los Angeles, CA, for Defendant-Appellee

Before: McKEOWN and WARDLAW, Circuit Judges, and MENDOZA,** District Judge.

*

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

**

 The Honorable 'Salvador Mendoza, Jr., United States District Judge for the Eastern District of Washington, sitting by designation.

MEMORANDUM ***

The government appeals Steven Lavin-sky’s 48-month sentence of imprisonment, which is below the 60-month minimum mandated by statute. We have jurisdiction pursuant to 28 U.S.C. § 1291. We vaeate Lavinsky’s sentence and remand to the district court for resentencing.

Lavinsky’s statute of conviction provides that “[wjhoever violates” that provision *“shall*be ... imprisoned *not less than*5 years and not more than 20 years.” 18 U.S.C. § 2252A(b)(l) (emphases added). “It is axiomatic that a statutory minimum sentence is mandatory.” *United States v. Sykes,*658 F.3d 1140, 1146 (9th Cir. 2011). That is, “[w]here ‘no exception to the statutory minimum applies ..., the court lack[s] the authority to refuse to impose’ ” the mandatory minimum. *Id.*(quoting *United States v. Haynes,*216 F.3d 789, 799-800 (9th Cir. 2000)). No exception applies here, but the district court sentenced Lavinsky to a below-minimum term of imprisonment nevertheless, explaining only that the circumstances of lifetime supervision made that sentence sufficient. That was error.

Lavinsky’s sole contention on appeal is that statutory mandatory minimum sentences are unconstitutional under *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), but our precedent forecloses that argument. *See United States v. Ching Tang Lo,*447 F.3d 1212, 1234 n.15 (9th Cir. 2006) (“There is nothing in *Booker*to suggest that statutorily mandated minimum sentences are merely advisory if the sentence is based on facts found by a jury by a preponderance of the evidence.”).

We therefore vaeate and remand for resentencing. On remand, the district court shall sentence Lavinsky within the range mandated by 18 U.S.C. § 2252A(b)(l).1

Sentence VACATED and REMANDED for resentencing.

***

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

1

. We decline Lavinsky’s invitation to strike the government’s opening brief and to dismiss the appeal for failure to prosecute. *See*9th Cir. R. 31-2.3.
# C_2022284EN.01005002.xml

| 25.7.2022 | EN | Official Journal of the European Union | C 284/50 |
| --- | --- | --- | --- |

25.7.2022

EN

Official Journal of the European Union

C 284/50

---

Action brought on 24 May 2022 — Scania CV v EUIPO (V8)

(Case T-320/22)

(2022/C 284/69)

Language of the case: Swedish

Parties

Applicant: Scania CV AB (Södertälje, Sweden) (represented by: C. Langenius, P. Sundin and S. Falkner, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: EU figurative mark V8 — Application No 18 120 085

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 23 March 2022 in Case R 1868/2020-4

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision pursuant to Article 72 of the EU Trade Mark Regulation and, by amending EUIPO’s decision, approve Scania’s application for registration of the figurative mark for all the goods and services for which EUIPO rejected the application; |
| --- | --- |

—

annul the contested decision pursuant to Article 72 of the EU Trade Mark Regulation and, by amending EUIPO’s decision, approve Scania’s application for registration of the figurative mark for all the goods and services for which EUIPO rejected the application;

| — | order EUIPO to pay the costs pursuant to Article 134 of the Rules of Procedure of the General Court. |
| --- | --- |

—

order EUIPO to pay the costs pursuant to Article 134 of the Rules of Procedure of the General Court.

Pleas in law

| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 7(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 7(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
12270 Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Notices

Bank/Gaza’’ and ‘‘West Bank and Gaza’’

for products from those areas, and that

Customs continue to accept the

markings ‘‘West Bank,’’ ‘‘Gaza’’ and

‘‘Gaza Strip.’’

Pursuant to the request of the

Department of State, this document

notifies the public that acceptable

country of origin markings for goods

produced in the territorial areas known

as the West Bank or Gaza Strip consist

of the following: ‘‘West Bank/Gaza,’’

‘‘West Bank/Gaza Strip,’’ ‘‘West Bank

and Gaza,’’ ‘‘West Bank and Gaza Strip,’’

‘‘West Bank,’’ ‘‘Gaza,’’ and ‘‘Gaza Strip.’’

The position stated in this document is

effective for merchandise which is

entered or withdrawn from warehouse

for consumption on or after the date of

publication in the Federal Register.

Dated: March 7, 1997.

Stuart P. Seidel,

Assistant Commissioner, Office of

Regulations and Rulings.

[FR Doc. 97–6434 Filed 3–13–97; 8:45 am]

BILLING CODE 4820–02–P

[T.D. 97–13]

Revocation of Customs Broker License

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Broker License Revocation.

SUMMARY: Notice is hereby given that

pursuant to Section 641, Tariff Act of

1930, as amended, (19 U.S.C. 1641), and

Parts 111.51 and 111.74 of the Customs

Regulations, as amended (19 CFR 111.51

and 111.74), canceled the following

Customs broker license without

prejudice.

Port Individual License

No.

Chicago ....... William J. Naumes 2835

New York ..... SAF Customs Brokers, Inc.10774

Houston ....... Saratoga Forwarding Co., Inc.7589

Philadelphia Dorf International,

Inc.

668

Philip Metzger,

Director, Trade Compliance.

[FR Doc. 97–6431 Filed 3–13–97; 8:45 am]

BILLING CODE 4820–02–P

Customs Service

[T.D. 97–15]

Revocation of Customs Broker License

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Broker license revocation.

SUMMARY: Notice is hereby given that on

October 28, 1996, the Commissioner of

Customs, pursuant to Section 641, Tariff

Act of 1930, as amended, (19 U.S.C.

1641), and Parts 111.51 and 111.74 of

the Customs Regulations, as amended

(19 CFR 111.51 and 111.74), canceled

the following Customs broker license

with prejudice.

Port Individual License

No.

Los Angeles ..... Abraham

Shiepe.

7114

Philip Metzger,

Director, Trade Compliance.

[FR Doc. 97–6433 Filed 3–13–97; 8:45 am]

BILLING CODE 4820–02–P

Customs Service

[T.D. 97–14]

Revocation of Customs Broker License

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Broker license revocation.

SUMMARY: Notice is hereby given

pursuant to Section 641, Tariff Act of

1930, as amended, (19 U.S.C. 1641), and

Parts 111.51 and 111.74 of the Customs

Regulations, as amended (19 CFR 111.51

and 111.74), canceling the following

Customs broker licenses with prejudice.

Port Individual License

No.

Houston ............ Misoon Wada ... 7846

Houston ............ Amex TransWorld, Inc..10890

Philip Metzger,

Director, Trade Compliance.

[FR Doc. 97–6432 Filed 3–13–97; 8:45 am]

BILLING CODE 4820–02–P
No. 11-11045.

#### Miranda *v.*Anchondo et al.

C. A. 9th Cir. Certiorari denied.
[Federal Register Volume 62, Number 49 (Thursday, March 13, 1997)]
[Notices]
[Page 11851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6289]


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


DEPARTMENT OF DEFENSE

HQ USAF Scientific Advisory Board Meeting

    The Information Systems & Technology Panel Meeting, relating to the 
DDR&E Technology Area Review and Assessment (TARA) Team, in support of 
the HQ USAF Scientific Advisory Board, will meet on March 17-21, 1997 
at CECOM, Ft Monmouth, NJ from 8 a.m. to 5 p.m.
    The purpose of the meeting is to assess the progress being made 
toward achieving S&T objectives stated in the Defense S&T Strategy, the 
Joint Warfighting S&T Plan, and the Defense Technology Area Plans 
(DTAPs).
    The meeting will be closed to the public in accordance with section 
552b of Title 5, United States Code, specifically subparagraphs (1) and 
(4) thereof.
    For further information, contact the HQ USAF Scientific Advisory 
Board Secretariat at (703) 697-8404.
Carolyn A. Lunsford,
Air Force Federal Register Liaison Officer.
[FR Doc. 97-6289 Filed 3-12-97; 8:45 am]
BILLING CODE 3910-01-P
[Federal Register Volume 62, Number 49 (Thursday, March 13, 1997)]
[Notices]
[Pages 11846-11847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6251]


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

DEPARTMENT OF COMMERCE
[I.D. 030797B]


Marine Mammals; Permit No. 963 (P532B)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Receipt of application for amendment.

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

SUMMARY: Notice is hereby given that Department of Marine Biology, 
Texas A&M University, P.O. Box 1675, Galveston, TX 77553 has requested 
a amendment to permit No. 963.


[[Page 11847]]


DATES: Written comments must be received on or before April 12, 1997.

ADDRESSES: The amendment request and related documents are available 
for review upon written request or by appointment in the following 
office(s):
    Permits Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13130, Silver Spring, MD 20910 (301/713-2289); and
    Regional Administrator, Alaska Region, NMFS, P.O. Box 21668, 
Juneau, AK 99802-1668.
    Written data or views, or requests for a public hearing on this 
request should be submitted to the Director, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13130, Silver Spring, MD 
20910. Those individuals requesting a hearing should set forth the 
specific reasons why a hearing on this particular amendment request 
would be appropriate.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of this application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

SUPPLEMENTARY INFORMATION: The subject amendment to permit no. 963, 
issued on June 2, 1995 (60 FR 31450) is requested under the authority 
of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 
et seq.), the Regulations Governing the Taking and Importing of Marine 
Mammals (50 CFR part 216), the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.), and the regulations governing the 
taking, importing, and exporting of endangered fish and wildlife (50 
CFR 222.23).
    Permit no. 963 authorizes the permit holder to: capture and release 
up to 40 Steller sea lion pups, 40 adult females and 40 juveniles and 
inadvertently harass up to 1000 in Alaska water.
    The permit holder requests authorization to: increase the number of 
pups by 20 (10 in each of two locations); and include 8 adult males (4 
at each of two locations).

    Dated: March 6, 1997.
Ann D. Terbush,
Chief, Permits and Documentation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 97-6251 Filed 3-12-97; 8:45 am]
BILLING CODE 3510-22-F
# C_2021462EN.01005901.xml

| 15.11.2021 | EN | Official Journal of the European Union | C 462/59 |
| --- | --- | --- | --- |

15.11.2021

EN

Official Journal of the European Union

C 462/59

---

Action brought on 29 September 2021 — Lemken v EUIPO (sky blue)

(Case T-621/21)

(2021/C 462/72)

Language of the case: German

Parties

Applicant: Lemken GmbH & Co. KG (Alpen, Germany) (represented by: I. Kuschel and W. von der Osten-Sacken, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for EU colour mark sky blue (RAL:5015) — Application for registration No 18 097 467

Contested decision: Decision of the First Board of Appeal of EUIPO of 15 July 2021 in Case R 2037/2020-1

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Pleas in law

| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 7(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of the requirement to state adequate reasons. |
| --- | --- |

—

Infringement of the requirement to state adequate reasons.

---
No. 11-10672.

#### Culgan et al. *v.*Miller et al.

Ct. App. Ohio, Medina County. Certiorari denied.
<PAGE>
 
                                                                     EXHIBIT 23
 
                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS
 
  As independent public accountants, we hereby consent to the use of our
reports (and to all references to our Firm) included in, incorporated by
reference or made a part of this registration statement.
 
                                          ARTHUR ANDERSEN LLP
 
Houston, Texas
January 2, 1996
Exhibit 10(m)
  1.
    
    Insurance premiums will be one-half the amount paid by regular salaried employees with equal
seniority for all individual and family health coverage. Life, disability and dental
insurance coverage will be paid in full.2.
    
    Supplemental health insurance benefits for the Senior Managers and dependents up to 4% of the
total of the current base salary.3.
    
    Health Club membership or equivalent in home exercise equipment.4.
    
    Life insurance and A.D. & D. at 2.0 times annualized base salary on February 1st
each year.5.
    
    Full pay for sick leave up to a point where disability insurance coverage begins. Disability
insurance is 60% of base salary, non-integrated with Social Security. Provisions of the
actual policy will govern the exact amount of payments.6.
    
    Two additional weeks of paid vacation in addition to the regular established vacation policy.7.
    
    Physical examination provided by the Company will be given on a biennial basis to age 60 on
individuals who are asymptomatic, annually if symptomatic. Above age 60 examinations will be
annually.8.
    
    Senior Managers annual base salary will be grossed up at the end of the calendar year to
compensate for the additional payroll and income tax burden created by the treatment of
benefits under Numbers 1, 2, 4 and 7, above, as additional income.9.
    
    Retirement Benefits:This section applies only to Senior Managers retiring after February 1, 2009. Benefits to Senior
Managers retiring before that date will be governed by the policy in effect at retirement.Upon retirement, the following benefits will be available to Raven Senior Managers who retire
between the ages of 65 and 70, or who choose early retirement. Early retirement is defined as
the first day of any month after the Senior Managers years of service, plus attained age, equals
or exceeds the sum of 80, or any date between then and age 65.
 (A)
    
    Continued group hospital, medical, and dental coverage for the Senior Manager,
spouse and eligible dependents until the Senior Manager attains the eligibility age
for Medicare (presently age 65 or disabled). Premiums will be at the same rate
available to active Senior Managers.(B)
    
    Upon Medicare eligibility, the Senior Manager and spouse will be provided
supplemental hospital and medical coverage to Medicare which would result in the
same coverage that is provided to full-time active Senior Managers of the company.
This coverage, as well as group dental coverage, will continue for the rest of the
Senior Managers and spouses life.(C)
    
    Upon retirement, supplemental health insurance benefits for the Senior Manager
and dependents will be provided annually for the rest of the Senior Managers life
at an amount of up to 3.5% of the highest total annual compensation (salary and
bonus) during the last five years of employment with the company.The spouses coverage will be discontinued in the event the Senior Managers
spouse remarries after the death of a Senior Manager. However, the spouse would
then be provided the option of continued coverage by paying the Raven group
premium for such coverage.
# Chosen Geography Template

INSTRUCTIONS: Select "Y" in Column D for all Metropolitan Statistical Areas (MSAs) and/or Micropolitan Statistical Areas (μSAs) included in your application's chosen geography. If part of an MSA or μSA is included, select “Y” and add a description to the “Notes” column E that explains which parts are included.  If any part of your chosen geography is outside the MSAs and μSAs listed below, please select "Other" and describe in the "Notes" column E. In the “Notes” column, we encourage you to be as quantitative as possible (e.g., define the areas by listing Census tracts or FIPS codes rather than by using high level phrases). You should include your justification for choosing this geography as part of your main application materials; that justification does NOT need to be in this template. 

Remember - EDA defines a Hub’s geography as a Metropolitan Statistical Area (MSA) or a similar area (including Micropolitan Statistical Areas (μSAs) or tightly interconnected combinations of MSAs and/or μSAs)  with a concentration of assets, capital, R&D, labor market, and infrastructure strongly relevant to the Hub’s selected core technology area, the Hub’s identified market opportunity, and its potential to become globally competitive in that area within a decade. Applicants should identify their chosen geography as part of their application. Applicants should consider their chosen geography as the nexus of the Tech Hub but may include partnerships outside that geography as part of the hub. Consortia may include assets or members outside the chosen geography—e.g., in nonmetro rural areas or partnerships with geographically distant but tightly mission-aligned organizations—that support the consortia’s strategy and benefit the Hub. 

Source (as of 5/12/2023): https://www.census.gov/programs-surveys/metro-micro/data.html
No. 11-10190.

#### Cox *v.*United States.

C. A. 2d Cir. Certio-rari denied.
<PAGE>
 
                                                                    EXHIBIT 23.2




The Board of Directors
Group Maintenance America Corp.:


We consent to the use of our reports included herein and to the reference to our
firm under the heading "Experts" in the prospectus.


                                            /s/ KPMG PEAT MARWICK LLP


Houston, Texas
October 10, 1997
[Federal Register Volume 62, Number 53 (Wednesday, March 19, 1997)]
[Notices]
[Page 13161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6859]


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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Library of Medicine; Notice of Closed Meeting

    Pursuant to Section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C., Appendix 2), notice is hereby given of the following 
National Library of Medicine Special Emphasis Panel (SEP) meeting:

    Name of SEP: National Library of Medicine Special Emphasis 
Panel.
    Date: March 31-April 2, 1997.
    Time: 7:00 p.m.
    Place: University of Rochester, Rochester, NY 14642.
    Contact: Dr. Roger W. Dahlen, Chief, Biomedical Information 
Support Branch, EP, 8600 Rockville Pike, Bldg. 38A, Rm. 5S-522, 
Bethesda, Maryland 20894, 301/496-4221.
    Purpose/Agenda: To evaluate and review IAIMS grant applications.

    The meeting will be closed in accordance with the provisions set 
forth in sections 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. 
Applications and/or proposals and the discussions could reveal 
confidential trade secrets or commercial property such as patentable 
material and personal information concerning individuals associated 
with the applications and/or proposals, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.
    This notice is being published less than 15 days prior to the 
meeting due to the urgent need to meet timing limitations imposed by 
the review and funding cycle.

(Catalog of Federal Domestic Assistance Program No. 93-879--Medical 
Library Assistance, National Institutes of Health.)

    Dated: March 12, 1997.
LaVerne Y. Stringfield,
Committee Management Officer, NIH.
[FR Doc. 97-6859 Filed 3-18-97; 8:45 am]
BILLING CODE 4140-01-M