alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2022165EN.01001301.xml

| 19.4.2022 | EN | Official Journal of the European Union | C 165/13 |
| --- | --- | --- | --- |

19.4.2022

EN

Official Journal of the European Union

C 165/13

---

Judgment of the Court (First Chamber) of 24 February 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — PJ v Agenzia delle dogane e dei monopoli — Ufficio dei monopoli per la Toscana, Ministero dell’Economia e delle Finanze

(Case C-452/20) (1)

(Reference for a preliminary ruling - Approximation of laws - Directive 2014/40/EU - Article 23(3) - World Health Organisation Framework Convention on Tobacco Control - Prohibition on selling tobacco products to minors - Rules on penalties - Effective, proportionate and dissuasive penalties - Obligation on sellers of tobacco products to verify the buyer’s age when selling those products - Fine - Operation of a tobacconist’s shop - Suspension of trading licence for a period of 15 days - Principle of proportionality - Precautionary principle)

(2022/C 165/14)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: PJ

Respondents: Agenzia delle dogane e dei monopoli — Ufficio dei monopoli per la Toscana, Ministero dell’Economia e delle Finanze

Operative part of the judgment

The principle of proportionality must be interpreted as not precluding national legislation which, in the case of a first infringement of the prohibition on the sale of tobacco products to minors, provides, in addition to the imposition of an administrative fine, for the suspension, for a period of 15 days, of the trading licence authorising the economic operator who has infringed that prohibition to sell such products, provided that such legislation does not exceed the limits of what is appropriate and necessary in order to attain the objective of protecting human health and reducing, in particular, smoking prevalence among young people.

---

(1)  OJ C 423, 7.12.2020.

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-6332

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ERIC WHEELER, a/k/a “E”,

Defendant - Appellant.

Appeal from the United States District Court for the Western 

District of North Carolina, at Shelby. Martin K. Reidinger, 

District Judge. (4:96-cr-00053-MR-2)

Submitted: May 23, 2013 Decided: May 29, 2013

Before MOTZ and AGEE, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Eric Wheeler, Appellant Pro Se. Richard Lee Edwards, Amy 

Elizabeth Ray, Assistant United States Attorneys, Jill 

Westmoreland Rose, OFFICE OF THE UNITED STATES ATTORNEY, 

Asheville, North Carolina; Adam Christopher Morris, OFFICE OF 

THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Eric Wheeler appeals the district court’s order 

denying his motion for a reduction of sentence pursuant to 18 

U.S.C. § 3582(c)(2) (2006). We have reviewed the record and 

find no reversible error. Accordingly, we affirm for the 

reasons stated by the district court. United States v. Wheeler, 

No. 4:96-cr-00053-MR-2 (W.D.N.C. Feb. 11, 2013). We dispense 

with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and 

argument would not aid the decisional process.

AFFIRMED
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# United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

November 30, 2018

Before

WILLIAM J. BAUER, Circuit Judge

MICHAEL S. KANNE, Circuit Judge

AMY J. ST. EVE, Circuit Judge

No. 18

‐ 2374

W. A. G RIFFIN

, M.D.,

Plaintiff

‐ Appellant

,

v

.

T EAMCARE

, a Central States Health Plan,

and T RUSTEES OF THE C ENTRAL S TATES

,

Southeast and Southwest Areas Health

and Welfare Fund,

Defendants

‐ Appellees

. Appeal from the United States District

Court for the Northern District of

Illinois, Eastern Division.

No. 18 C 1772

Robert W. Gettleman,

J udge

.

O R D E R

The court has before it a motion to correct filed by the plaintiff

‐ appellant and a

response thereto filed by defendants

‐ appellees. The court finds that the opinion in this

case dated November 26, 2018, should be corrected.

It is therefore ORDERED that the opinion and judgement order dated

November 26, 2018 are VACATED

. It is further ORDERED that the amended opinion

be published this date, November 30, 2018.
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**Exhibit
      23.1**





**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**





We
      hereby
      consent to the incorporation by reference in the Registration Statement of
      Smart
      Online, Inc. on Form S-8 (Nos. 333-124569)
      and related prospectuses of our audit report dated March 20, 2008, with respect
      to the consolidated financial statements of Smart Online, Inc., which report
      appears in the Annual Report on Form 10-K of Smart Online, Inc. for the years
      ended December 31, 2007 and 2006.





/s/
      Sherb
& Co., LLP


Certified
      Public Accountants


New
      York,
      New York





March
      25,
      2008
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##### 



FOR IMMEDIATE RELEASE
 BIRMINGHAM BLOOMFIELD BANCSHARES, INC.
COMPLETES FIRST PHASE OF INITIAL PUBLIC OFFERING




---



##### 



Birmingham Bloomfield Bancshares, Inc. is a bank holding company headquartered in Birmingham,
Michigan. It operates through its wholly-owned subsidiary Bank of Birmingham, a newly-organized
Michigan state bank.
 This press release is not an offer to sell any shares of common stock. This press release
contains forward-looking statements that involve assumptions and potential risks and uncertainties,
which are made in a manner consistent with the safe harbor provisions of the U.S. Private
Securities Litigation Reform Act of 1995. These forward looking statements involve known and
unknown risks, uncertainties, and other factors that may cause the actual results, performance and
achievements of Birmingham Bloomfield Bancshares to be materially different from any future
results, performance or achievements expressed or implied by such forward looking statements. These
factors include: general economic, capital market and business conditions; risks arising from
litigation or similar proceedings; interest rate fluctuations; levels of delinquent loans; employee
turnover; government regulation; and those other factors discussed in the filings of Birmingham
Bloomfield Bancshares with the Securities and Exchange Commission, which are incorporated in this
press release by reference. Birmingham Bloomfield Bancshares undertakes no obligation, and
expressly disclaims any obligation, to update publicly or revise any forward looking statement,
whether as a result of new information, future events or otherwise.
<PAGE>

Exhibit 10.6



                                 PROMISSORY NOTE

$44,986.07                                                        March 15, 2004

FOR VALUE RECEIVED, the undersigned, Single Source Electronic Transactions,
Inc., of 11242 Playa Court, Culver City, CA 90230 promises to pay to the order
of B.M.S. and Associates, at, of 11242 Playa Court, Culver City, CA 90230, or
such other place as the holder may designate in writing to the undersigned, the
principal sum of Forty Four Thousand Nine Hundred Eighty Six Dollars and seven
cents ($44,986.07), together with interest thereon from date hereof until paid,
at the rate of Eight Percent (8%) per annum as follows: One payment of principal
and interest of Forty Eight Thousand Five Hundred Eighty Four Dollars and
ninety-five cents ($48,584.95) on March 15, 2005. All or any part of the
aforesaid principal sum may be prepaid at any time and from time to time without
penalty.

In the event of any default by the undersigned in the payment of principal or
interest when due or in the event of the suspension of actual business,
insolvency, assignment for the benefit of creditors, adjudication of bankruptcy,
or appointment of a receiver, of or against the undersigned, the unpaid balance
of the principal sum of this promissory note shall at the option of the holder
become immediately due and payable and the amount then due shall accrue interest
until payment at the rate of ten percent (10%) per annum. In the event of a
default, any payments shall be applied first to accrued interest and the balance
to principal.

The maker and all other persons who may become liable for the payment hereof
severally waive demand, presentment, protest, notice of dishonor or nonpayment,
notice of protest, and any and all lack of diligence or delays in collection
which may occur, and expressly consent and agree to each and any extension or
postponement of time of payment hereof from time to time at or after maturity or
other indulgence, and waive all notice thereof.

In case suit or action is instituted to collect this note, or any portion
hereof, the maker promises to pay such additional sum, as the court may adjudge
reasonable, attorneys' fees in said proceedings.

This note is made and executed under, and is in all respects governed by, the
laws of the State of California. Venue for any action or suit under this
promissory note shall be Los Angeles, California.

Single Source Electronic Transaction, Inc.
By its President,




/s/ Arnold F. Sock
---------------------------
Arnold F. Sock, President
Exhibit
      32.1




CERTIFICATE
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 Annual Report of WGNB Corp. (the “Company”) on Form 10-K for
the year ending December 31, 2008, as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, H.B. Lipham, III, President and
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as
adopted pursuant to §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.




Date:
March 10, 2009




/s/
      H.B. Lipham, IIIH.B.
      Lipham, IIIPresident
      and Chief Executive Officer(Principal
      Executive
Officer)
STATE of Louisiana v. Ronald FAIRMAN

No. 2018-KH-0228

Supreme Court of Louisiana.

February 25, 2019

**ON SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON**

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). The application is also repetitive. La.C.Cr.P. art. 930.4.

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 second or 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.
Robert Lee LEONARD, Appellant, v. STATE of Florida, Appellee.

No. 1D17-3861

District Court of Appeal of Florida, First District.

February 5, 2019 Rehearing Denied February 27, 2019

Robert Lee Leonard, pro se, Appellant.

Ashley B. Moody, Attorney General, and Bryan Jordan, Senior Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

This is an appeal from an order denying a postconviction motion. Robert Lee Leonard was convicted of sexually abusing a child, and he was sentenced to 35 years in prison with a 25-year mandatory minimum. This court affirmed his conviction and sentence without an opinion. *See* *Leonard v. State* , 143 So.3d 926 (Fla. 1st DCA 2014) (Table).

Leonard then filed a rule 3.850 motion, raising several issues. One claim was that his attorney should have objected to his wearing shackles in front of jurors. He alleged that he wore extra-large shackles that his pants could not conceal, that jurors could hear his shackles every time he moved, that this was inherently prejudicial, and that he was deprived of his Sixth Amendment right to adequate counsel when his attorney failed to object.

The trial court summarily denied the motion, saying the allegation of shackling was "patently false" and contradicted by audio and video recordings. But those recordings were not in the record, so the record on appeal does not conclusively refute Leonard's allegations. *See* Fla. R. App. P. 9.141(b)(2)(D) ("On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief."); *see also* *Torres v. State* , 9 So.3d 746, 748 (Fla. 4th DCA 2009) (reversing the denial of a rule 3.850 motion alleging that counsel was ineffective for failing to properly object to the defendant standing trial in shackles where the trial court failed to attach documents that conclusively refuted the claim); *Jensen v. State* , 964 So.2d 812, 812 (Fla. 4th DCA 2007). As the State concedes, we must reverse as to this claim. On remand, the trial court should attach records conclusively refuting the claim or conduct an evidentiary hearing. As to all other issues, we affirm.

AFFIRMED in part, REVERSED in part, and REMANDED .

Roberts, Kelsey, and Winsor, JJ., concur.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 398 Agreed to Senate (ATS)]

<DOC>

118th CONGRESS
  1st Session
S. RES. 398

  Designating the week of September 25 through September 29, 2023, as 
                    ``National Clean Energy Week''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2023

      Ms. Collins (for herself, Ms. Cantwell, Ms. Duckworth, Mr. 
  Hickenlooper, Mr. Coons, Mr. Warnock, Mr. Sullivan, Ms. Smith, Mr. 
 King, Mr. Reed, Ms. Sinema, Mr. Whitehouse, Mr. Tillis, Mrs. Capito, 
  Mr. Graham, Mr. Romney, Ms. Warren, Mrs. Shaheen, and Mr. Cassidy) 
 submitted the following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
  Designating the week of September 25 through September 29, 2023, as 
                    ``National Clean Energy Week''.

Whereas, across the United States, clean and readily abundant forms of energy 
        are powering more homes and businesses than ever before;
Whereas clean energy generation is readily available from zero- and low-
        emissions sources;
Whereas the clean energy sector is a growing part of the economy and has been a 
        key driver of economic growth in the United States in recent years;
Whereas technological innovation can further reduce costs, enhance reliability, 
        and increase deployment of clean energy sources;
Whereas the report of the Department of Energy entitled ``United States Energy & 
        Employment Report 2023'' found that, at the end of 2022, the energy and 
        energy efficiency sectors in the United States employed approximately 
        8,100,000 individuals;
Whereas the scaling of affordable and exportable clean energy is essential to 
        reducing global emissions;
Whereas clean energy jobs contribute to the growth of local economies; and
Whereas innovative clean energy solutions and clean energy jobs are part of the 
        energy future of the United States: Now, therefore, be it
    Resolved, That the Senate--
            (1) designates the week of September 25 through September 
        29, 2023, as ``National Clean Energy Week'';
            (2) encourages individuals and organizations across the 
        United States to support commonsense solutions that address the 
        economic, environmental, and energy needs of the United States 
        in the 21st century;
            (3) encourages the Federal Government, States, 
        municipalities, and individuals to invest in affordable, clean, 
        and low-emitting energy technologies;
            (4) supports reliable and affordable energy for the people 
        of the United States; and
            (5) recognizes the role of entrepreneurs and small 
        businesses in ensuring the leadership of the United States in 
        the global energy marketplace and in supporting low-cost, 
        clean, and reliable energy in the United States.
                                 <all>
```
Exhibit 32.2  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 Annual Report of EP Global Communicatins, Inc. (the "Company") on Form 10-KSB for the period ended December 31, 2006 as filed with the Securities and Exchange Commission (the "Report"), the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:  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.  Dated: November 13, 2007  /s/ James McGinnis James McGinnis Chief Financial Officer (and Principal Accounting Officer)