alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# L_2009116EN.01000101.xml

| 9.5.2009 | EN | Official Journal of the European Union | L 116/1 |
| --- | --- | --- | --- |

9.5.2009

EN

Official Journal of the European Union

L 116/1

---

COMMISSION REGULATION (EC) No 377/2009

of 8 May 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 9 May 2009.

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

Done at Brussels, 8 May 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 64,3 |
| TN | 115,0 |
| TR | 116,4 |
| ZZ | 98,6 |
| 0707 00 05 | MA | 32,7 |
| TR | 123,2 |
| ZZ | 78,0 |
| 0709 90 70 | TR | 120,2 |
| ZZ | 120,2 |
| 0805 10 20 | EG | 45,5 |
| IL | 55,9 |
| MA | 48,3 |
| TN | 52,5 |
| TR | 95,9 |
| US | 68,2 |
| ZZ | 61,1 |
| 0805 50 10 | TR | 50,6 |
| ZA | 56,2 |
| ZZ | 53,4 |
| 0808 10 80 | AR | 82,4 |
| BR | 69,3 |
| CA | 127,2 |
| CL | 82,0 |
| CN | 90,7 |
| NZ | 103,6 |
| US | 124,5 |
| UY | 71,7 |
| ZA | 83,2 |
| ZZ | 92,7 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

64,3

TN

115,0

TR

116,4

ZZ

98,6

0707 00 05

MA

32,7

TR

123,2

ZZ

78,0

0709 90 70

TR

120,2

ZZ

120,2

0805 10 20

EG

45,5

IL

55,9

MA

48,3

TN

52,5

TR

95,9

US

68,2

ZZ

61,1

0805 50 10

TR

50,6

ZA

56,2

ZZ

53,4

0808 10 80

AR

82,4

BR

69,3

CA

127,2

CL

82,0

CN

90,7

NZ

103,6

US

124,5

UY

71,7

ZA

83,2

ZZ

92,7

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6421

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ALLAN L. GANT,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Elizabeth V. Hallanan, Senior

District Judge. (CR-94-88, CA-96-683-5)

Submitted: October 23, 1997 Decided: November 14, 1997

Before HAMILTON and WILLIAMS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Allan L. Gant, Appellant Pro Se. Michael Lee Keller, OFFICE OF THE

UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997).

We have reviewed the record and the district court's opinion upholding the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability

and dismiss the appeal on the reasoning of the district court.

United States v. Gant, Nos. CR-94-88; CA-96-683-5 (S.D.W. Va. Mar.

17, 1997). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED
---

Exhibit 32.2

CERTIFICATIONS PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Annual Report of mPhase Technologies, Inc., a New Jersey corporation (the "Company"), on Form 10K for the fiscal year ended June 30, 2010 as filed with the Securities and Exchange Commission (the "Report"), I, Martin Smiley,
EVP, Chief Financial Officer and General Counsel of the Company certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to his 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.

/s/ Martin SmileyMartin Smiley
EVP, CFO and General Counsel

September 12, 2011

---
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21
- 0586 STATE OF MONTANA,

Plaintiff and Appellee, v. JACOB CHRISTIAN PALMER,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including November 25, 2022, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

October 19 2022

10/19/2022

Case Number: DA 21-0586
#### In the Matter of Sabina Jessica S. Suffolk County Department of Social Services, Respondent; Pasquale S., Appellant.

Submitted December 11, 2006;

decided January 9, 2007

*830Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS OF MARCH 31, 1997 AND THE CONSOLIDATED STATEMENT
OF OPERATIONS FOR THE QUARTER ENDED MARCH 31, 1997 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           1,021
<SECURITIES>                                         0
<RECEIVABLES>                                      367
<ALLOWANCES>                                         0
<INVENTORY>                                        152
<CURRENT-ASSETS>                                 1,784
<PP&E>                                           1,319
<DEPRECIATION>                                     410
<TOTAL-ASSETS>                                   3,046
<CURRENT-LIABILITIES>                              657
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             3
<OTHER-SE>                                       2,386
<TOTAL-LIABILITY-AND-EQUITY>                     3,046
<SALES>                                            152
<TOTAL-REVENUES>                                   152
<CGS>                                              157
<TOTAL-COSTS>                                      157
<OTHER-EXPENSES>                                 1,108
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (1,080)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,080)
<EPS-PRIMARY>                                   (0.37)
<EPS-DILUTED>                                        0
        

</TABLE>
#### The People of the State of New York, Respondent, v Edward Desmond, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered July 10, 1984, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the trial evidence in a light most favorable to the People, as we must, the People presented evidence sufficient to disprove the defense of justification beyond a reasonable doubt. In particular, one of the witnesses to the incident testified that she could clearly see the victim’s hands and they were empty. The defendant’s contention that the Trial Judge improperly submitted the lesser included offense of man*586slaughter in the second degree has not been preserved for our review since the defendant did not properly object to this portion of the charge.

The defendant contends that the prosecutor made several improper comments during his summation and asked improper questions during the cross-examination of the defendant and his witnesses. It was improper for the prosecutor to ask a defense witness if he was being paid by the defendant for his testimony, and for the prosecutor to refer to this during his summation. Although this misconduct should not be repeated, under the circumstances of this case it did not deny the defendant a fair trial. Weinstein, J. P., Rubin, Kooper and Sullivan, JJ., concur.
#### In the Matter of James Alexander, Petitioner, v New York State Department of Motor Vehicles, Respondent.

[944 NYS2d 886] —

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board dated October 26, 2010, affirming a determination of an Administrative Law Judge dated October 9, 2009, which, after a hearing, found that the petitioner had violated Vehicle and Traffic Law § 1141 and suspended his driver’s license for a stated period of time.

*1308Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner’s contention, the determination of the New York State Department of Motor Vehicles Appeals Board does not contradict the Administrative Law Judge’s findings of fact. Moreover, the determination that the petitioner violated Vehicle and Traffic Law § 1141 by failing to yield the right-of-way is supported by substantial evidence *(see Matter of Ridge Rd. Fire Dist. v Schiano,*16 NY3d 494, 499 [2011]; *Matter of Zwerin v New York State Dept. of Motor Vehs.,*88 AD3d 897 [2011]; *Matter of Rosenhauch v Swarts,*85 AD3d 1187, 1187-1188 [2011]; *Matter of Kobel v State of N.Y. Dept. of Motor Vehs. Appeals Bd.,*85 AD3d 916 [2011]). Rivera, J.P., Chambers, Roman and Miller, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM EDUCATIONAL
MEDICAL, INC. FOR THE YEAR ENDED MARCH 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                         MAR-31-1998
<PERIOD-START>                            APR-01-1997
<PERIOD-END>                              MAR-31-1998
<CASH>                                     21,830,077
<SECURITIES>                                        0
<RECEIVABLES>                              10,144,161
<ALLOWANCES>                                2,294,225
<INVENTORY>                                         0
<CURRENT-ASSETS>                           32,467,665
<PP&E>                                     20,617,373
<DEPRECIATION>                              6,973,137
<TOTAL-ASSETS>                             81,297,992
<CURRENT-LIABILITIES>                      27,513,978
<BONDS>                                    31,946,771
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                       77,295
<OTHER-SE>                                 35,594,686
<TOTAL-LIABILITY-AND-EQUITY>               81,297,992
<SALES>                                    59,675,509
<TOTAL-REVENUES>                           59,675,509
<CGS>                                      51,154,804
<TOTAL-COSTS>                              51,154,804
<OTHER-EXPENSES>                            1,284,552
<LOSS-PROVISION>                            1,151,669
<INTEREST-EXPENSE>                           (252,750)
<INCOME-PRETAX>                             6,337,234
<INCOME-TAX>                                2,484,773
<INCOME-CONTINUING>                         3,852,461
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                3,852,461
<EPS-PRIMARY>                                    0.52<F1>
<EPS-DILUTED>                                    0.51<F2>
<FN>
<F1>Denotes Basic Earnings per Share
<F2>Denotes Diluted Earnings per Share
</FN>
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>

</LEGEND>
<CIK>                                          0001034237
<NAME>                                         AEROCENTURY IV
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. DOLLARS

<S>                                            <C>
<PERIOD-TYPE>                                  6-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   JUN-30-2000
<EXCHANGE-RATE>                                        1
<CASH>                                           325,700
<SECURITIES>                                           0
<RECEIVABLES>                                    410,740
<ALLOWANCES>                                           0
<INVENTORY>                                            0
<CURRENT-ASSETS>                               4,963,500
<PP&E>                                         4,273,470
<DEPRECIATION>                                   620,840
<TOTAL-ASSETS>                                 4,963,500
<CURRENT-LIABILITIES>                            505,740
<BONDS>                                        4,869,000
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                         243,420
<OTHER-SE>                                      (654,660)
<TOTAL-LIABILITY-AND-EQUITY>                   4,963,500
<SALES>                                                0
<TOTAL-REVENUES>                                 339,390
<CGS>                                                  0
<TOTAL-COSTS>                                          0
<OTHER-EXPENSES>                                 289,180
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                               243,450
<INCOME-PRETAX>                                 (193,240)
<INCOME-TAX>                                      28,820
<INCOME-CONTINUING>                             (222,060)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                    (222,060)
<EPS-BASIC>                                        (0.91)
<EPS-DILUTED>                                      (0.91)



</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           63258
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 63258
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   63258
<CURRENT-LIABILITIES>                             2215
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                     63258
<SALES>                                              0
<TOTAL-REVENUES>                                  4565
<CGS>                                                0
<TOTAL-COSTS>                                    99588
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (95023)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (95023)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (95023)
<EPS-PRIMARY>                                        0<F1>
<EPS-DILUTED>                                        0<F1>
<FN>
<F1> Not presented since all shares of common stock are held by a sole
shareholder.
</FN>
        

</TABLE>
<PAGE>   1

                                                                     EXHIBIT 4.7

                                    AMENDMENT

                                       TO

           LCC INTERNATIONAL, INC. 1996 DIRECTORS STOCK OPTION PLAN

            Effective April 16, 1998, the LCC International, Inc. 1996 Directors
Stock Option Plan (the "Plan") is amended as follows:

            1. The reference to "60,000" in the first sentence of Section 4 of 
               the Plan is replaced by "140,000".

            2. Section 19.4 of the Plan is deleted in its entirety.

            This Amendment to the LCC International, Inc. Directors Stock Option
Plan was duly approved by the Board of Directors of the Corporation on April 16,
1998 and by the shareholders of the Corporation on May 19, 1998.

                                                /s/ PETER A. DELISO 
                                        ----------------------------------
                                                    Secretary
<TABLE> <S> <C>

<ARTICLE>                          5
<CIK>                              0000842881     
<NAME>                             GEODYNE ENERGY INCOME LTD PARTNERSHIP II-E
                                    
<S>                                <C>
<PERIOD-TYPE>                      12-MOS
<FISCAL-YEAR-END>                  DEC-31-1998
<PERIOD-START>                     JAN-01-1998
<PERIOD-END>                       DEC-31-1998
<CASH>                                   376,779
<SECURITIES>                                   0
<RECEIVABLES>                            220,028
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                         596,807
<PP&E>                                15,313,160
<DEPRECIATION>                        12,924,547
<TOTAL-ASSETS>                         3,260,952
<CURRENT-LIABILITIES>                    187,339
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                             2,992,563
<TOTAL-LIABILITY-AND-EQUITY>           3,260,952
<SALES>                                1,704,463
<TOTAL-REVENUES>                       8,291,877
<CGS>                                          0
<TOTAL-COSTS>                          1,492,861
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                        6,799,016
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                    6,799,016
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                           6,799,016
<EPS-PRIMARY>                              28.15
<EPS-DILUTED>                                  0
        
 

</TABLE>
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

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

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

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

VICTOR HUGO VALIENTE

CALDERON,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-72560

Agency No. A075-246-048

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted June 26, 2012** 

Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.

Victor Hugo Valiente Calderon, a native and citizen of Guatemala, petitions

for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his

appeal from an immigration judge’s decision denying his application for

FILED

JUL 09 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-72560

withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We

review for substantial evidence, Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th

Cir. 2002), and we deny in part and dismiss in part the petition for review.

We reject Valiente Calderon’s contention that the agency erred in finding no

past persecution because he had not been physically harmed, because this was not

the basis for the agency’s past persecution finding. Valiente Calderon’s claim that

he was persecuted on account of a particular social group – namely, his family –

fails because he failed to exhaust this contention before the BIA. See Barron v.

Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004). With respect to future fear, we reject

Valiente Calderon’s contention that the agency erred in failing to apply the

rebuttable presumption that his life or freedom would be threatened, because

Valiente Calderon did not establish past persecution. See 8 C.F.R. § 1208.16(b)(1). 

Accordingly, Valiente Calderon’s withholding of removal claim fails.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.