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Featured Films and Shorts        November 1, 2019        Yellowstone Volcano Observatory Monthly Update: November 1, 2019

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Presentations and Events        November 12, 2020        Climate Adaptation to Support Amphibian Conservation in U.S. Caribbean
# C_2021028EN.01002102.xml

| 25.1.2021 | EN | Official Journal of the European Union | C 28/21 |
| --- | --- | --- | --- |

25.1.2021

EN

Official Journal of the European Union

C 28/21

---

Request for a preliminary ruling from the Kúria (Hungary) lodged on 21 October 2020 — Upfield Hungary Kft. v Somogy Megyei Kormányhivatal

(Case C-533/20)

(2021/C 28/33)

Language of the case: Hungarian

Referring court

Kúria

Parties to the main proceedings

Applicant: Upfield Hungary Kft.

Defendant: Somogy Megyei Kormányhivatal

Question referred

Must the provisions of Regulation (EU) No 1169/2011 (1) on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004, and specifically Article 18(2) thereof, be interpreted as meaning that, where vitamins are added to foods, the list of the ingredients of the food must include not only the names of the vitamins, but also their designation in accordance with the vitamin formulations which may be added to foods?

---

(1)  OJ 2011 L 304, p. 18.

---
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-40178 Summary Calendar

DAVID ROBLES, Petitioner-Appellant,

versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee

Appeal from the United States District Court for the Southern District of Texas

USDC No. C-96-CV-131 March 2, 1998 Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges

PER CURIAM: * David Robles, Texas prisoner # 193550, appeals from the district court’s dismissal of his petition for a writ of habeas corpus as abusive pursuant to Rule 9(b) of the Rules Governing Section 2254 Cases. Robles argues that the district court erred by dismissing his petition as an abuse of the writ because he has shown that aNo. 97-40178 -2- miscarriage of justice would result from the court’s failure to address the merits of his petition. We review a district court’s decision to dismiss a petition pursuant to Rule 9(b) for abuse of discretion. Hudson v. Whitley , 979 F.2d 1058, 1062 (5th Cir. 1992). Because Robles cannot make an “actual innocence” showing, as defined in Sawyer v. Whitley , 505 U.S. 333, 336 (1992), he fails to show that a fundamental miscarriage of justice would result from the court’s failure to address the merits of his petition. The district court’s judgment dismissing the petition as abusive pursuant to Rule 9(b) is AFFIRMED.
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Project        September 26, 2018        Nutrient and Sediment Load Reduction Estimates from Intensive Street Cleaning and Leaf Litter Removal Practices in Vermont

Project        May 11, 2017        IJC Lake Champlain and the Richelieu River Project
EXHIBIT
      32.1





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 Trend Mining Company (the “Company”) on
      Form 10-KSB for the year ended September 30, 2005, as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Thomas Loucks,
      Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C.
      Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
      of
      2002 that, to the best of 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.





January
      13, 2006











Thomas
      A.
      Loucks


Principal
      Executive Officer
Daniel Shawn BROWN, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1156

District Court of Appeal of Florida, First District.

February 12, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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Lashay Alexander SMITH, Jr., DOC #S24878, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-2268

District Court of Appeal of Florida, Second District.

Opinion filed February 8, 2019

Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

Ashley Brooke Moody, Attorney General, Tallahassee, and Blain A. Goff, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

As Lashay Smith argues and the State concedes, the trial court's amended order of revocation of Smith's probation still deviates from the court's oral pronouncement at the revocation hearing concerning the conditions of probation that it found Smith to have violated. Accordingly, although we affirm the revocation of Smith's probation, we remand for the entry of a second amended order of revocation that fully conforms to the trial court's oral pronouncement at the revocation hearing.

Affirmed; remanded with directions.

SILBERMAN, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.
# C_2020209EN.01000402.xml

| 22.6.2020 | EN | Official Journal of the European Union | C 209/4 |
| --- | --- | --- | --- |

22.6.2020

EN

Official Journal of the European Union

C 209/4

---

Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 7 February 2020 — VI v KRONE — Verlag Gesellschaft mbH & Co KG

(Case C-65/20)

(2020/C 209/07)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: VI

Defendant: KRONE — Verlag Gesellschaft mbH & Co KG

Question referred

Is Article 2 together with Article 1 and Article 6 of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (1) to be interpreted as meaning that a physical copy of a daily newspaper containing a technically inaccurate health tip which, when followed, causes damage to health can also be regarded as a (defective) product?

---

(1)  OJ 1985 L 210, p. 29.

---
Alex U. SIRMONS, Appellant, v. STATE of Florida, Appellee.

No. 4D18-668

District Court of Appeal of Florida, Fourth District.

[February 6, 2019]

Carey Haughwout, Public Defender, and Claire V. Madill, Assistant Public Defender, West Palm Beach, for appellant.

Ashley B. Moody, Attorney General, Tallahassee, and Luke R. Napodano, Assistant Attorney General, West Palm Beach, for appellee.

Ciklin, J.

Alex U. Sirmons appeals his judgment and sentence of twenty years for robbery with a deadly weapon and related convictions. He raises four issues on appeal. With respect to the first three issues, we affirm without further discussion. However, we agree with Sirmons's fourth argument: his sentence should be amended to correct a scrivener's error with respect to credit for time served.

The trial court orally granted Sirmons 685 days credit for time served. However, the sentencing order for Count III reflected only 643 days of credit for time served. Sirmons moved to correct the error and his motion was granted on that point.

However, the "corrected" sentence was apparently transposed but in any event erroneously provided 658 days credit for time served rather than 685 days. Sirmons filed a second motion to correct the sentence on June 13, 2018, while his appeal was pending. It does not appear that the court directly ruled on the motion, but a corrected sentence was entered on August 14, 2018, sixty-one days after the motion was filed.

Pursuant to Florida Rule of Criminal Procedure 3.800(b)(2)(B), if a trial court does not rule on a motion to correct a sentencing error filed while an appeal is pending within sixty days, the motion shall be deemed denied. Once the sixty days has passed, an order purporting to resentence a defendant is entered without jurisdiction and is a nullity. *See, e.g.* , *Maestas v. State* , 76 So.3d 991, 993 n.1 (Fla. 4th DCA 2011) ; *Campbell v. State* , 789 So.2d 1213, 1214 (Fla. 1st DCA 2001).

Here, once sixty days passed after Sirmons's motion was filed, it was deemed denied. Because the trial court entered the amended sentencing order more than sixty days after the motion was filed, the order was entered without jurisdiction and is a nullity.

Accordingly, we quash the corrected sentence and we remand for correction in accordance with the court's oral pronouncement as to the amount of credit to *960be given to Sirmons for previous time served. The defendant need not be present when the court corrects the error. *See**Sessions v. State* , 907 So.2d 572, 573 (Fla. 1st DCA 2005).

*Affirmed in part, reversed in part, and remanded with instructions.*

Warner and Levine, JJ., concur.
```

[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Page 104977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30762]

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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 2172]

Approval of Subzone Status; Tallaboa PR, LLC; Pe[ntilde]uelas, 
Puerto Rico

    Pursuant to its authority under the Foreign-Trade Zones Act of 
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade 
Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones (FTZ) Act provides for `` . . . 
the establishment . . . of foreign-trade zones in ports of entry of the 
United States, to expedite and encourage foreign commerce, and for 
other purposes,'' and authorizes the Foreign-Trade Zones Board to grant 
to qualified corporations the privilege of establishing foreign-trade 
zones in or adjacent to U.S. Customs and Border Protection ports of 
entry;
    Whereas, the Board's regulations (15 CFR part 400) provide for the 
establishment of subzones for specific uses;
    Whereas, CODEZOL, C.D., grantee of Foreign-Trade Zone 163, has made 
application to the Board for the establishment of a subzone at the 
facility of Tallaboa PR, LLC, located in Pe[ntilde]uelas, Puerto Rico 
(FTZ Docket B-42-2024, docketed August 5, 2024);
    Whereas, notice inviting public comment has been given in the 
Federal Register (89 FR 64871, August 8, 2024) and the application has 
been processed pursuant to the FTZ Act and the Board's regulations; 
and,
    Whereas, the Board adopts the findings and recommendations of the 
examiner's memorandum, and finds that the requirements of the FTZ Act 
and the Board's regulations are satisfied;
    Now, therefore, the Board hereby approves subzone status at the 
facility of Tallaboa PR, LLC, located in Pe[ntilde]uelas, Puerto Rico 
(Subzone 163N), as described in the application and Federal Register 
notice, subject to the FTZ Act and the Board's regulations, including 
section 400.13.

    Dated: December 19, 2024.
Dawn Shackleford,
Executive Director of Trade Agreements Policy & Negotiations, Alternate 
Chairman, Foreign-Trade Zones Board.
[FR Doc. 2024-30762 Filed 12-23-24; 8:45 am]
BILLING CODE 3510-DS-P
```
Marie SILENCIEUX, Appellant, v. MERITAGE HOMES a/k/a Meritage Homes of Florida, Inc., f/k/a Greater Homes, Inc., a Foreign Profit Corporation Classic Drywall, Inc., a Florida Corporation and Randy's Tile, Inc., a Florida Corporation, Appellees.

Case No. 5D17-3001

District Court of Appeal of Florida, Fifth District.

Decision filed December 31, 2018

Annabel C. Majewski, of Wasson & Associates, Chartered, Miami, and Mary Sherris, of Sherris Legal, P.A., Orlando, for Appellant.

Daniel H. Coultoff, Christina Y. Taylor and Patricia R. McConnell, of Latham, Shuker, Eden & Beaudine, LLP, Orlando, for Appellee, Meritage Homes.

No Appearance for Other Appellees.

PER CURIAM.

AFFIRMED.

ORFINGER and EDWARDS, JJ., and CHASE, M., Associate Judge, concur.