alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
II-00745

From:

Sent:

To:

Subject:

Terry Nelson <nelson.terry@yahoo.com>

Thursday, December 2, 2010 11:44 AM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC RIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (RIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Terry Nelson

PO Box 499

La Conner, WA 98257
THE GREEN SOLUTION RETAIL INC., et al., petitioners, v. UNITED STATES, et al.

No. 17-663.

Supreme Court of the United States

March 19, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
# C_2011226EN.01000802.xml

| 30.7.2011 | EN | Official Journal of the European Union | C 226/8 |
| --- | --- | --- | --- |

30.7.2011

EN

Official Journal of the European Union

C 226/8

---

Judgment of the Court (Eighth Chamber) of 9 June 2011 — European Commission v Grand Duchy of Luxembourg

(Case C-458/10) (1)

1

(Failure of a Member State to fulfil obligations - Directive 98/83/EC - Water intended for human consumption - Incomplete and incorrect transposition)

2011/C 226/14

Language of the case: French

Parties

Parties

Applicant: European Commission (represented by: S. Pardo Quintillán and O. Beynet, acting as Agents)

Applicant:

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Incomplete and incorrect transposition of Article 9(3)(b), (c) and (e) of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, p. 32) — Distribution of drinking water not complying with the required parametric values — Derogations scheme

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to transpose completely and correctly Article 9(3)(b), (c) and (e) of Council Directive of 3 November 1998 on the quality of water intended for human consumption, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive. |
| --- | --- |

1.

Declares that, by failing to transpose completely and correctly Article 9(3)(b), (c) and (e) of Council Directive of 3 November 1998 on the quality of water intended for human consumption, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive.

| 2. | Orders the Grand Duchy of Luxembourg to pay the costs. |
| --- | --- |

2.

Orders the Grand Duchy of Luxembourg to pay the costs.

---

(1)  OJ C 346, 18.12.2010.

1

---
# C_2012109EN.01000802.xml

| 14.4.2012 | EN | Official Journal of the European Union | C 109/8 |
| --- | --- | --- | --- |

14.4.2012

EN

Official Journal of the European Union

C 109/8

---

Order of the President of the Sixth of the Court of 15 December 2011 — European Commission v Portuguese Republic

(Case C-533/09) (1)

1

2012/C 109/15

Language of the case: Portuguese

The President of the Sixth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 51, 27.2.2010.

1

---
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

ELIZABETH J. WILLIAMS, )

)

Appellant, )

)

v. ) Case No. 2D20-95

)

STATE OF FLORIDA, )

)

Appellee. )

___________________________________)

Opinion filed September 23, 2020. 

Appeal from the Circuit Court for 

Hillsborough County; Christopher C. 

Sabella, Judge.

Elizabeth J. Williams, pro se.

PER CURIAM.

Elizabeth J. Williams appeals the order denying her motion under Florida 

Rule of Criminal Procedure 3.800(a) to correct her sentence. We affirm without 

comment the denial of her motion but remand for correction of a scrivener's error in the 

amended judgment.

A jury found Williams guilty of one count each of second-degree murder 

with a weapon (count one) and conspiracy to commit second-degree murder with a 
- 2 -

weapon (count two). The court sentenced her to concurrent terms of life imprisonment 

on the substantive count and fifteen years' imprisonment on the conspiracy count.

In her rule 3.800(a) motion, Williams argued that her life sentence for 

second-degree murder with a weapon is illegal because the offense was improperly 

reclassified from a first-degree felony punishable by life imprisonment to a life felony 

pursuant to section 775.087(1), Florida Statutes (2003). In its response to the motion, 

the State conceded that Williams's conviction was "reclassified improperly" but 

maintained that her life sentence is nonetheless legal. The postconviction court agreed 

with the State but directed the clerk of court to amend the judgment and sentence to 

reflect that Williams's conviction for second-degree murder with a weapon is a firstdegree felony punishable by life imprisonment. 

The amended judgment and sentence now correctly indicate that 

Williams's conviction on count one for second-degree murder with a weapon is a firstdegree felony punishable by life imprisonment. Inexplicably, however, the amended 

judgment now incorrectly indicates that Williams's conviction on count two is also for 

substantive second-degree murder with a weapon and is a life felony. (The amended 

sentence reflects no change.) The original judgment correctly indicated that Williams's 

conviction on count two is for conspiracy to commit second-degree murder with a 

weapon and is a second-degree felony. As the amended judgment contains a clear 

scrivener's error, we affirm but remand for correction of the amended judgment with 

respect to count two. See Herrera v. State, 276 So. 3d 60 (Fla. 2d DCA 2019).

Affirmed; remanded to correct scrivener's error. 

NORTHCUTT, SILBERMAN, and ROTHSTEIN-YOUAKIM, JJ., Concur.
W.A. GRIFFIN, petitioner, v. VERIZON COMMUNICATIONS INC., et al.

No. 17-1069.

Supreme Court of the United States

April 2, 2018.

Petition for writ of certiorari before judgment to the United States Court of Appeals for the Eleventh Circuit denied.
# C_2012025EN.01002302.xml

| 28.1.2012 | EN | Official Journal of the European Union | C 25/23 |
| --- | --- | --- | --- |

28.1.2012

EN

Official Journal of the European Union

C 25/23

---

Order of the Court (Sixth Chamber) of 13 September 2011 — Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-546/10 P) (1)

(Appeal - Community trade mark - Figurative sign representing the headstock of a guitar - Refusal to register - Absolute ground for refusal - Lack of distinctiveness - Ex officio examination of the facts - Articles 7(1)(b) and 74(1) of Regulation (EC) No 40/94 - Admissibility of evidence submitted for the first time before the General Court - Equality of treatment)

(2012/C 25/40)

Language of the case: German

Parties

Appellant: Hans-Peter Wilfer (represented by: W. Prinz, Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, agent)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 8 September 2010 in Case T-458/08 Wilfer v OHIM, by which the General Court dismissed the action of annulment brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2008, dismissing the appeal against the decision of the examiner who partially refused registration of the figurative sign representing the headstock of a guitar coloured silver, grey and brown as a Community trade mark for certain goods in Classes 9 to 15 — Distinctiveness of a figurative sign constituted by the two-dimensional representation of part of the product

Operative part of the order

| 1. | The appeal is dismissed. |
| --- | --- |

1.

The appeal is dismissed.

| 2. | Mr Wilfer is ordered to pay the costs. |
| --- | --- |

2.

Mr Wilfer is ordered to pay the costs.

---

(1)  OJ C 30, 29.1.2011.

---
# C_2011030EN.01003702.xml

| 29.1.2011 | EN | Official Journal of the European Union | C 30/37 |
| --- | --- | --- | --- |

29.1.2011

EN

Official Journal of the European Union

C 30/37

---

Judgment of the General Court of 9 December 2010 — Wilo v OHIM (Faceted casing of an electric motor and representation of green facets)

(Joined Cases T-253/09 and T-254/09) (1)

1

(Community trade mark - Application for a three-dimensional Community trade mark - Faceted casing of an electric motor - Application for a Community trade mark representing green facets - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

2011/C 30/66

Language of the case: German

Parties

Parties

Applicant: Wilo SE (Dortmund, Germany) (represented by: G. Braun, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt and P. Quay, agents)

Defendant:

Re:

Re:

Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 March 2009 (Cases R 1184/2008-1 and R 1196/2008-1) concerning applications for registration of a three-dimensional sign consisting of the shape of faceted casing of an electric motor and a figurative sign representing green facets.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action. |
| --- | --- |

1.

Dismisses the action.

| 2. | Orders Wilo SE to pay the costs. |
| --- | --- |

2.

Orders Wilo SE to pay the costs.

---

(1)  OJ C 205, 29.8.2009.

1

---
# C_2012151EN.01000601.xml

| 26.5.2012 | EN | Official Journal of the European Union | C 151/6 |
| --- | --- | --- | --- |

26.5.2012

EN

Official Journal of the European Union

C 151/6

---

Judgment of the Court (Fifth Chamber) of 29 March 2012 (reference for a preliminary ruling from the Cour d’appel, Mons — Belgium) — Belgian State v BLM SA

(Case C-436/10) (1)

1

(Sixth VAT Directive - Article 6(2), first paragraph, point (a), and Article 13(B)(b) - Right of deduction - Business assets which belong to a taxable person which is a legal person and which are placed at the disposal of its staff for their private use)

2012/C 151/10

Language of the case: French

Referring court

Referring court

Cour d’appel, Mons

Parties to the main proceedings

Parties to the main proceedings

Applicant: Belgian State — SPF Finances

Applicant:

Defendant: BLM SA

Defendant:

Re:

Re:

Reference for a preliminary ruling — Cour d’appel de Mons — Interpretation of point (a) of the first paragraph of Articles 6(2) and Article 13B(b) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1997 L 145, p. 1) — Capital asset made available and given over in part for private use by the director of a legal person and his family, where the input tax on that asset is deductible — Exclusion of the right to deduct tax

Operative part of the judgment

Operative part of the judgment

Point (a) of the first paragraph of Articles 6(2) and Article 13(B)(b) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, as amended by Council Directive 95/7/EC of 10 April 1995, must be interpreted as precluding national legislation which — despite the fact that the characteristics of the leasing or the letting of immovable property for the purposes of Article 13(B)(b) are not present — treats as a supply of services exempt from VAT under that provision the private use, by the staff of a taxable person which is a legal person, of part of a building constructed or owned by virtue of a right in rem in immovable property, held by that taxable person, where the input tax on that business asset is deductible;

It is for the referring court to determine whether, in a situation such as that at issue in the case before it, a finding can be made that there is a letting of immoveable property for the purposes of Article 13(B)(b) of the Sixth Directive.

---

(1)  OJ C 328, 4.12.2010.

1

---
EXHIBIT 32.1



SECTION 1350 CERTIFICATIONS



In connection with the Quarterly Report of Avatech Solutions, Inc. (the Company) on Form 10-Q for the period ending March 31, 2005 as filed
with the Securities and Exchange Commission and to which this Certification is an exhibit (the Report), the undersigned hereby certify, pursuant to Section 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 result of operations of the Company for the periods reflected therein.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |                                   
|------------------ |  | ----------------------------------
|Date: May 16, 2005 |  | /s/ Donald R. Walsh               
|                   |  | Donald R. Walsh                   
|                   |  | Chief Executive Officer           
|                   | 
|                   |  | /s/ Christopher D. Olander        
|                   |  | Christopher D. Olander            
|                   |  | Acting Principal Financial Officer



31
# C_2010024EN.01006602.xml

| 30.1.2010 | EN | Official Journal of the European Union | C 24/66 |
| --- | --- | --- | --- |

30.1.2010

EN

Official Journal of the European Union

C 24/66

---

Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER)

(Case T-478/09)

2010/C 24/117

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: ATB Norte, SL (Burgos, Spain) (represented by: P. López Ronda, G. Macías Bonilla, H.L. Curtis-Oliver and G. Marín Raigal, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Bricocenter Italia Srl (Rozzano Milanofiori (Milan), Italy)

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

| — | Annul the decision of the Fourth Board of Appeal of OHIM of 24 September 2009 — R 1009/2008-4. |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of OHIM of 24 September 2009 — R 1009/2008-4.

| — | Order the defendant to pay the costs. |
| --- | --- |

—

Order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Bricocenter S.r.l.

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark containing the word element ‘BRICOCENTER’ (Application No 4 934 501) in respect of services in Class 35.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: ATB Norte, SL.

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: Figurative Community trade marks containing the word elements ‘CENTROS DE BRICOLAGE BRICOCENTER’ (No 3 262 623) and ‘ATB CENTROS DE BRICOLAGE BRICOCENTER’ (No 989 046) in respect of goods in Classes 35, 37 and 39.

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition upheld.

Decision of the Opposition Division:

Decision of the Board of Appeal: Opposition Division’s decision annulled and the opposition rejected in its entirety.

Decision of the Board of Appeal:

Pleas in law: Incorrect interpretation and application of Article 8(1)(b) of Regulation No 207/2009.

Pleas in law:

---
FARSTONE TECHNOLOGY, INC., petitioner, v. APPLE INC.

No. 16-651.

Supreme Court of the United States

Jan. 9, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 7268

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. ROBERT LEE GWYN, JR. , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of Virginia , at Roanoke

. Glen E. Conrad , District Judge. ( 7:13

- cr
- 00048

- GEC

- 1 )

Submitted : March 12, 2020 Decided: March 16, 2020

Before KING, KEENAN, and FLOYD , Circuit Judges.

Affirmed by un published per curiam opinion

.
Robert Lee Gwyn, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Robert Lee Gwyn, Jr., appeals the district court’s order denying his 18 U.S.C. § 3582(c)(2) (2018) motion for a sentence reduction. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Gwyn , No. 7:13

- cr
- 00048

- GEC

- 1 (W.D. Va. Aug. 9, 2019). We deny Gwyn’s motion for appointment of counsel. We di spense 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
In re Morris B. FAHNBULLEH, petitioner.

No. 16-6969.

Supreme Court of the United States

Jan. 9, 2017.

Petition for writ of habeas corpus denied.
II-01139

From:

Sent:

To:

Subject:

Diana Babcock <dibabcoc@twcny.rr.com>

Thursday, December 2, 2010 8:00 AM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC RIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (RIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Diana Babcock

3840 Makyes Road

Syracuse, NY 13215
II-00913

From:

Sent:

To:

Subject:

Daniel Weiss <danielweiss62@gmail.com>

Thursday, December 2, 2010 10:06 AM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC PIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (PIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Daniel Weiss

7 Piedmont Drive

Princeton Junction, NJ 08550