alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2020042EN.01000401.xml

| 7.2.2020 | EN | Official Journal of the European Union | C 42/4 |
| --- | --- | --- | --- |

7.2.2020

EN

Official Journal of the European Union

C 42/4

---

Prior notification of a concentration

(Case M.9751 — Elliot/Apollo/EP Energy)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 42/03)

1.

This notification concerns the following undertakings:

| — | Apollo Capital Management, L.P. (‘Apollo’, USA), |
| --- | --- |

—

Apollo Capital Management, L.P. (‘Apollo’, USA),

| — | Elliot Investment Management, L.P. (‘Elliot’, USA), |
| --- | --- |

—

Elliot Investment Management, L.P. (‘Elliot’, USA),

| — | EP Energy Corporation (‘EP Energy’, USA). |
| --- | --- |

—

EP Energy Corporation (‘EP Energy’, USA).

Elliot and Apollo acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of EP Energy.

The concentration is accomplished by way of purchase of shares.

2.

| — | Apollo invests in companies and debt issued by companies involved in various businesses throughout the world, by way of investment funds managed by affiliates of Apollo. |
| --- | --- |

—

Apollo invests in companies and debt issued by companies involved in various businesses throughout the world, by way of investment funds managed by affiliates of Apollo.

| — | Elliot is an investment firm focussed on investment and risk management activities. |
| --- | --- |

—

Elliot is an investment firm focussed on investment and risk management activities.

| — | EP Energy is an independent exploration and production company engaged in the acquisition and development of onshore oil and natural gas infrastructures in the US. EP Energy is currently solely controlled by Apollo. |
| --- | --- |

—

EP Energy is an independent exploration and production company engaged in the acquisition and development of onshore oil and natural gas infrastructures in the US. EP Energy is currently solely controlled by Apollo.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

Case M.9751 — Elliot/Apollo/EP Energy

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---
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How to's and trainings        December 14, 2006        PubTalk 12/2006 - Mojave
### OFFICE OF **THE AlTORNEY**  **GENERAL OF**  **TEXAS AUS**  **’ I**  **’ IN**  

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# CI2020146EN.01000101.xml

| 4.5.2020 | EN | Official Journal of the European Union | CI 146/1 |
| --- | --- | --- | --- |

4.5.2020

EN

Official Journal of the European Union

CI 146/1

---

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision (CFSP) 2019/1720, as amended by Council Decision (CFSP) 2020/607, and in Council Regulation (EU) 2019/1716, as implemented by Council Implementing Regulation (EU) 2020/606 concerning restrictive measures in view of the situation in Nicaragua

(2020/C 146 I/01)

The following information is brought to the attention of the persons that appear in the Annex to Council Decision (CFSP) 2019/1720 (1), as amended by Council Decision (CFSP) 2020/607 (2), and in Annex I to Council Regulation (EU) 2019/1716 (3), as implemented by Council Implementing Regulation (EU) 2020/606 (4) concerning restrictive measures in view of the situation in Nicaragua.

The Council of the European Union has decided that the persons that appear in the above-mentioned Annexes should be included in the list of persons and entities subject to the restrictive measures provided for in Decision (CFSP) 2019/1720 and Regulation (EU) 2019/1716. The grounds for the listing of the persons concerned appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua, in order to obtain an authorisation to use frozen funds for basic needs or specific payments.

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, before 1 July 2020, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 9 of Decision (CFSP) 2019/1720 concerning restrictive measures in view of the situation in Nicaragua.

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 262, 15.10.2019, p. 58

(2)  OJ L139I, 23 March 2020, p4

(3)  OJ L 262, 15.10.2019, p. 1

(4)  OJ L139I, 23 March 2020, p1

---
STATE EX REL. Deangilo L. WHITE v. STATE of Louisiana

No. 2017-KH-1349

Supreme Court of Louisiana.

November 5, 2018

**ON SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO**

PER CURIAM:

Denied. Relator fails to show that he received ineffective assistance of counsel under the standard of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
Frank P. ROSSOTTO, Appellant/Petitioner(s), v. WACHOVIA BANK, NATIONAL ASSOCIATION as Trustee, Appellee/Respondent(s).

CASE NO.: 2D18-3872

District Court of Appeal of Florida, Second District.

October 18, 2018

BY ORDER OF THE COURT:

This appeal is dismissed as from a nonfinal, nonappealable order. This dismissal is without prejudice to Appellant to challenge the trial court's denial of his motion for continuance in appeal 2D18-3922, which reviews the September 21, 2018, final judgment of foreclosure.

KHOUZAM, MORRIS, and ATKINSON, JJ., Concur.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JOSE SANTOS CRUZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 09-71655

Agency No. A094-227-957

ORDER

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted May 10, 2013** 

Pasadena, California

Before: PREGERSON and FISHER, Circuit Judges, and DANIEL, Senior District

Judge.

* 

This case is REMANDED to the Board of Immigration Appeals (“BIA”) to

determine whether Petitioner’s conviction qualifies as a misdemeanor under either

California Penal Code section 17(b)(1) or 17(b)(3). See Ferreira v. Ashcroft, 382

FILED

AUG 01 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

 * The Honorable Wiley Y. Daniel, Senior District Judge for the U.S.

District Court for Colorado, sitting by designation.
F.3d 1045, 1051 (9th Cir. 2004) (“Once the state court sentenced [Petitioner] to a

county jail term rather than a term in the state prison, the offense automatically

converted from a felony into a misdemeanor for all purposes.”), overruled on other

grounds by Ceron v. Holder, 747 F.3d 773, 778 (9th Cir. 2014) (en banc); GarciaLopez v. Ashcroft, 334 F.3d 840, 842 (9th Cir. 2003) (The “state court’s declaration

that [Petitioner’s] offense was a misdemeanor is binding on [Petitioner’s]

subsequent immigration proceedings[.]”), overruled on other grounds by Ceron v.

Holder, 747 F.3d at 778.

We are also concerned about the apparent ineffectiveness of petitioner’s

counsel. The BIA’s April 29, 2009 decision explained: “The respondent has a

valid ‘conviction’ for immigration purposes and his planned future collateral attack

upon that conviction does not operate to negate its validity until it is in fact

overturned or materially amended.” On July 17, 2009, within the 90 day window

to reopen with the BIA, Petitioner’s conviction was materially amended. The

Superior Court “reduc[ed] the felony offense to a misdemeanor” under California

Penal Code section 17. Petitioner’s counsel, however, did not move to reopen with

the BIA to submit this new evidence. Ineffective assistance of counsel can toll the

deadline to file a motion to reopen. See Avagyan v. Holder, 646 F.3d 672, 677 (9th
Cir. 2011). Petitioner may wish to obtain new counsel.1

 Alternatively, the BIA

might consider appointment of pro bono counsel. 

Petitioner’s removal is STAYED pending the resolution of his appeal. The

panel retains jurisdiction over subsequent appeals in this case. 

Petitioner’s counsel is ordered to serve Mr. Cruz a copy of this order at his

last known address. 

LIMITED REMAND

1

 Organizations such as the following may be able to provide pro bono legal

counsel: The Central American Resource Center (CARECEN), (213) 385-7800

ext.171, 2845 West 7th Street, Los Angeles, CA 90005, www.carecen-la.org;

Legal Aid Foundation of Los Angeles (LAFLA), (800) 399-4529, 5228 Whittier

Blvd., Los Angeles, CA 90022, www.lafla.org.
CLD
- 079 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________ No. 11

- 2398

___________ UNITED STATES OF AMERICA

v. ERIC LAMONT LUCAS,

Appellant

____________________________________ Appeal from the United States Distr ict Court for the Middle District of Pennsylvania (D.C. Criminal No. 3

- 03

- cr
- 00120

- 001 ) District Judge: Honorable Richard P. Conaboy

____________________________________ Submitted for Possible Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

December 30, 2011
Before: RENDELL, HARDIMAN and ROTH , Circuit Judges

(Opinion filed : January 31, 2012 )

_________ OPINION OF THE COURT

_________ PER CURIAM Eric Lamont Lucas, a federal prisoner, appeals the District Court’s denial of his
motion to issue a non

- binding recommendation to the Bureau of Prisons (BOP). We will summarily affirm.2

Under 18 U.S.C. § 3582(c)(1) (A) , a court may modify a term of imprisonment

― upon motion of the Director of the Bureau of Prisons .‖ Cognizant that the Distri ct C ourt could not act to modify his sentence sua sponte, 1 Lucas instead asked the District Court to

― recommend that the Director of the [BOP] file a motion to grant this defendant the
modification of his sentence which he seeks .‖ After weighin g the consi derations advanced by Lucas , the District Court declined to grant a recommendation and denied the
motion. 2 He appealed, and the Government move s for summary action

. We have jurisdiction under 28 U.S.C. § 1291. To the extent that our review is for
abuse of discretion, we note that no statute or rule limits the District Court’s discretion in issuing a non

- binding recommendation

— nor, for that matter, is such an action even explicitly authorized by statute. Thus, as the District Court appeared to weigh the factors suggested and found them wanting, we cannot conclude that it abused its discretion. Accordingly, as no substantial question is raised in this appeal, we will grant the
Government’s motion and summarily affirm the District Court’s judgment. Murr ay v.

1 See United States v. Smartt , 129 F.3d 539, 540

– 41 (10th Cir. 1997) (observing that a court may not modify a term of imprisonment except under certain limited circumstances, including ―upon motion of the Director of the Bureau of Prisons‖); see also United States v. Lawrence , 535 F.3d 631, 637 (7th Cir. 2008) (― Generally, district courts lack subject

matter jurisdiction to revisit sentences already impo sed upon defendants .‖).

2 The parties and the District Court pointed to United States v. Fountain , No. CRIM. A. 91

- 63

- 16, 1993 WL 534219 , at *1 (E.D. Pa. Dec. 17, 1993), as a case in which the District Court ―recommend[ed] appropriate action to the Direct or of the Bureau of Prisons to modify Defendant’ s sentence as requested ,‖ although in so doing the Court acknowledged its inability to grant a § 3582 motion sua sponte.3

Bledsoe , 650 F.3d 246, 248 (3d Cir. 2011) (per curiam); see also 3d Cir. L.A.R. 27.4;
I.O.P. 10.6.
Exhibit 4.26

PRIVATE &
CONFIDENTIAL
Delivered in person

March 2nd,
2005

Pierre
St-Arnaud
President & Chief Executive Officer
SR Telecom Inc.

Dear
Pierre:

As
you are aware, SR Telecom Inc. is currently going through a very challenging time, given the need to refinance and reorganize its Business structure. We recognize that this is a very
difficult period and appreciate the on-going commitment and contribution of all SR Telecom's employees.

However,
we must secure our future Business activities going forward and protect our capability to serve our customers in the manner we wish to as we finally go on with our Business. As such, the
Board of Directors of SR Telecom Inc. has agreed to implement a retention bonus plan for a group of employees which will ensure that we secure our core expertise and key know-how
during that period. As the President and Chief Executive Officer of the Company, the Board has agreed to provide you with a retention premium for a period of ten (10) weeks commencing Monday,
February 28, 2005. In your case, this premium will be defined as the full repayment (principal amount plus outstanding interests up to today) on the loan you have entered into on
July 3rd 2001 for $70,000 and the loan entered into on June 13, 2002 for $34,000. (copy attached).

The
condition for you to obtain the written confirmation that those two loans are fully paid back is that you maintain your active employee status and fulfil your responsibilities as the President and
CEO of SR Telecom Inc. Consequently, should
you leave the Company on you own will, between now and May 6th, 2005, you will have to reimburse the two loans plus interests according to the agreements signed at the time you
entered into those loans.

Please note that, the information contained in this letter is specific to yourself and you are required to maintain its receipt and contents in the strictest
confidentiality.

To
conclude, we trust that this special program will provide you with a greater level of comfort commensurate with our mutual appraisal of your personal and professional circumstances. We appreciate
your on-going contribution and know we can count on your support during this period of transition and challenges.

Regards,

|/s/ LIONEL HURTUBISELionel Hurtubise               |  | 
|-------------------------------------------------- |  | 
|Chairman of the Board of Directors
SR Telecom Inc.

---



QuickLinks
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-3758

_____________________________

ROBERT BING a/k/a ANTHONY

GREEN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Duval County.

Linda F. McCallum, Judge.

May 15, 2019

PER CURIAM.

AFFIRMED.

LEWIS, ROWE, and MAKAR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Robert Bing a/k/a Anthony Green, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.
Dennis W. GLYNN, Petitioner, v. STATE of Florida, Respondent.

No. 1D18-0101

District Court of Appeal of Florida, First District.

March 27, 2018

Michael B. Cohen, Ft. Lauderdale, for Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

Per Curiam.

*1045The petition for belated appeal is denied on the merits.

Osterhaus, Winokur, and M.K. Thomas, JJ., concur.
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