alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>


                                                                    Exhibit 10.9


                             CERTIFICATE OF LOCATION
                            NEVADA-LODE MINING CLAIM

KNOW ALL MEN BY THESE PRESENTS, that DESERT PACIFIC EXPLORATION INC.,
Incorporate in Nevada, whose address is 12475 Overbrook Drive, Reno, Nevada
89511, has located and claimed the VOL #32 Lode Mining Claim in the
following quarter sections(s):

NE   1/4,    Section           Township 1N,        Range 32E,       MDB7M
NW   1/4,    Section           Township 1N,        Range 32E,       MDB&M
SE   1/4,    Section    2      Township 1N,        Range 32E,       MDB&M
SW   1/4,    Section    2      Township 1N,        Range 32E,       MDB&M


In Mineral County, Nevada, on the 8th day of November, 1996.

SAID CLAIM IS A LODE CLAIM, it being situated in the above mentioned County and
State, and is approximately 1500 feet long and 600 feet wide, such that 1475
feet is claimed in an East direction and 25 feet in a West direction from the
point of discovery (monument of location), at which the Notice of Location was
posted, together with 300 feet on each side of the monument of location and
center line of the Claim. The general course of the lode or vein is from the
East to the West.

THE NUMBER, LOCATION, AND MARKINGS On each monument are as follows:

         Location          Markings                Description
         --------          --------                -----------

No. 1 Northeast corner     diagram, metal tag      2"x2"xz4' wooden post
No. 2 Southeast corner     diagram, metal tag      2"x2"xz4' wooden post
No. 3 Southwest corner     diagram, metal tag      2"x2"xz4' wooden post
No. 4 Northwest corner     diagram, metal tag      2"x2"xz4' wooden post

A CLAIM MAP as required by NRS 517.040 is included as part of the work of
location.

Dated:  January 11, 1997

               RECEIVED                      DESERT PACIFIC EXPLORATION INC.
        Bur. Of Land Management
          9:00 A.M.  JAN 24 97               BY: /s/ Herb Duerr
           NEVADA STATE OFFICE                   Herb Duerr, President
              RENO, NEVADA
#### Jacob S. Farrand v. The Collins Iron Co.

Where, after a case reserved for the opinion of this court has been noticed for hearing, an addition of specific questions [is made to it by the Circuit Judge without the consent of one party, such party will not be required to go to a hearing of the case upon the notice previously given.

The original files of this court should not be altered, even by consent of parties, without the leave of the court. If an addition is desired, it should be done by stipulation or other separate paper, without changing the original.

*Heard May 8th.*

*Decided May 9th.*
**Exhibit 31.1**

 

CERTIFICATION PURSUANT TO 

18 U.S.C. SECTION 1350 

AS ADOPTED PURSUANT TO 

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 

 

I, John R. Tuttle, President and Chief Executive Officer of DayStar Technologies, Inc., certify that: 

 

1. I have reviewed this Quarterly Report on Form 10-QSB of DayStar Technologies, Inc. for the period ended June 30, 2004; 

 

2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

 

4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

 

(b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and 

 

(c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

 

5. The registrant’s other certifying officers and I havedisclosed, based on our most recent evaluation, to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons performing the equivalent functions): 

 

(a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

(b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control over financial reporting. 

 

Date: August 13, 2004
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-4494

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

v.

DAVON NELSON,

 Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. 

George L. Russell, III, District Judge. (1:18-cr-00592-GLR-1).

Submitted: June 24, 2021 Decided: June 28, 2021

Before KING and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Brent E. Newton, Gaithersburg, Maryland, for Appellant. Jonathan F. Lenzner, Acting 

United States Attorney, Christopher M. Rigali, Assistant United States Attorney, OFFICE 

OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Davon Nelson appeals from his convictions for fentanyl conspiracy and possession 

with intent to distribute fentanyl, which were entered pursuant to his guilty plea. On appeal, 

he asserts that he received ineffective assistance when his attorney failed to adequately 

explain the terms of his written plea agreement. Nelson contends that he has raised a 

colorable claim of ineffective assistance, and he seeks a remand to the district court for an 

evidentiary hearing. Finding Nelson’s claim should instead be raised in a 28 U.S.C. § 2255 

proceeding, we affirm.

It is well established that, “[u]nless an attorney’s ineffectiveness conclusively 

appears on the face of the record, such claims are not addressed on direct appeal.” United 

States v. Faulls, 821 F.3d 502, 507-08 (4th Cir. 2016). Absent clear-cut evidence, we have 

determined that any claims of ineffective assistance “should be raised, if at all, in a 28 

U.S.C. § 2255 motion.” Id. at 508. Here, Nelson concedes that the record does not 

conclusively support his assertions.

Nonetheless, Nelson urges this court to adopt the holdings of the First and D.C. 

Circuits that, on direct appeal, “colorable” claims of ineffective assistance may be 

remanded to the trial courts for an evidentiary hearing. See United States v. 

Marquez-Perez, 835 F.3d 153, 165 & n.6 (1st Cir. 2016); United States v. Knight, 824 F.3d 

1105, 1112 (D.C. Cir. 2016). However, the majority of other circuits have rejected this 

approach and found that “post-conviction proceedings are generally the proper avenue for 

ineffective assistance claims.” United States v. Gooding, 594 F. App’x 123, 131 (4th Cir. 

2014) (No. 13-4995) (citing cases). We decline to alter our long-standing practice of 
3

requiring that, absent “conclusive evidence,” ineffective assistance claims be brought in a 

§ 2255 motion in the first instance. See United States v. Jordan, 952 F.3d 160, 163 n.1 

(4th Cir. 2020).

Accordingly, we affirm. 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
Before the Second Division,

August 12, 1941

No. 46244.

#### Protest 957982-G of W. X. Huber Co. (Los Angeles).

Opinion by

Kincheloe, J.

The owner of the plaintiff company testified that some of the 'bags were dirty and some clean, that they have to be opened up and washed and then hemmed, but that some are sold without hemming. He stated that he sells such clean or hemmed articles as towels or wiping rags, and that he could not sell the present bags as used bags because they were not clean and were full of holes, but after being cleaned and processed he “sold them as tea towels, dish towels, and some of them, big towels.” He also testified that he sold the ones with holes for “second grade or some kind of rag.” The Government introduced in evidence an official sample of the merchandise. The examiner testified that in his opinion it was nothing but a bag and that as far as he could see the bag does not show any signs of having been used before, that it measures 17 by 34 inches, and has markings and printing thereon, presumably in Japanese. From an examination of the official sample it was found that the article is nothing more or less than a cotton bag, that it is clean and entirely without holes, and looks like a new bag. Several cases were cited by the plaintiff, including *National Bag & Waste Co.*v. *United States*(T. D. 49564) and *Ramallah Trading Co.*v. *United States*(T. D. 47681), but they were found to have no application to the merchandise herein. On the record the protest was overruled.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice 5674] 

      ( print page 2326)    
Pursuant to the authority vested in me by the laws of the United States, including Section 8(d) of the Darfur Peace and Accountability Act (Pub. L. 109-344) and the Presidential Delegation of Authority in E.O. 13412, I hereby: 

—Determine that the provision of non-lethal military equipment and related defense services (hereafter “assistance”) to the Government of Southern Sudan for the purpose of constituting a professional military force is in the national security interests of the United States; and 

—Authorize, notwithstanding any other provision of law, for Fiscal Years 2007 and 2008, the provision of any such items 15 days after notification of this determination.

This determine covers the provision of all such non-lethal assistance, including vehicles and communications equipment; power generation; facilities construction/renovation; training and technical assistance; recommendations for force structure, training, equipment, infrastructure and resource management; military advisers; and the provision of other non-lethal defense articles and related defense services in support of military reform in Sothern Sudan, including support to the Sudan People's Liberation Movement, appropriate for the aforementioned purpose. 

                    You are hereby authorized and directed to report this determination to Congress and publish it in the                     **Federal Register**                    .                 

Dated: January 2, 2007. 

Condoleezza Rice, 

Secretary of State,  Department of State.

[FR Doc. E7-630 Filed 1-17-07; 8:45 am] 

BILLING CODE 4710-26-P
<PAGE>


Exhibit 10.3
First Amendment to Pfaff Severance Agreement

                     FIRST AMENDMENT TO SEVERANCE AGREEMENT

         THIS FIRST AMENDMENT TO SEVERANCE AGREEMENT, is made and entered into
as of this 24th day of January, 2000 by and between Meditrust Corporation, a
Delaware corporation (the "Employer") and Debora A. Pfaff (the "Employee").

         WHEREAS, the Employer and the Employee entered into a Severance
Agreement (the "Severance Agreement") dated as of January 1, 1999; and

         WHEREAS, the Employer has increased certain of the Employee's benefits,
effective as of January 1, 2000; and

         WHEREAS, the Employer and the Employee wish to modify the Severance
Agreement to incorporate such changes.

         NOW, THEREFORE, in consideration of the foregoing, the parties hereto
hereby agree as follows:

         Section 2.1 of the Severance Agreement is hereby deleted in its
entirety and is replaced with the following:

         "2.1     PERFORMANCE SHARES.The Employer has previously awarded the
                  Employee 30,000 performance shares in accordance with the
                  terms described in Exhibit A hereto and the Employer's 1995
                  Share Award Plan and in the future may award additional shares
                  from time-to-time (the "Performance Shares")."

         Except as modified hereby, the Severance Agreement shall remain in full
force and effect and unaffected hereby.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Severance Agreement under seal as of the day and year first above written.

                                            MEDITRUST CORPORATION

                                            By:      /s/ David F. Benson
                                            ---------------------------------
                                            Name:    David F. Benson
                                            Title:   Chief Executive Officer

                                            /s/ Debora A. Pfaff
                                            ---------------------------------
                                            Debora A. Pfaff
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-4597

_____________________________

HASSON WILLIAMS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Duval County.

Angela M. Cox, Judge.

January 31, 2018

PER CURIAM.

AFFIRMED.

ROBERTS, ROWE, and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

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

9.331.

_____________________________

Hasson Williams, pro se, Appellant. 

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
<PAGE>

                                                                 Exhibit 10(www)


                  FIRST AMENDMENT TO STOCK PURCHASE AGREEMENT
                  -------------------------------------------

     FIRST AMENDMENT TO STOCK PURCHASE AGREEMENT (this "Amendment")
dated as of January 2, 2001 between Bank of America, N.A., a national banking
association, MBG Trust a Delaware business trust and Mandalay Resort Group, a
Nevada corporation.

     WHEREAS, the parties have entered into a Stock. Purchase Agreement (the
"Agreement"), dated as of September 8, 2000; and

     WHEREAS, the parties wish to amend the Agreement subject to the terms and
conditions of this Amendment;

     NOW THEREFORE, in consideration of the foregoing and of the mutual
agreements herein contained and for other good and valuable consideration
receipt of which is hereby acknowledged, the parties hereto agree as follows:

     1.     Amendment. The parties agree that the reference to "January 5, 2001"
in Section 2.2(d) of the Agreement shall be replaced with "March 30, 2001".

     2.     Governing Law.  This Amendment shall be governed by and construed in
accordance with the laws of the State of New York (without giving effect to
choice of law principles).

     3.     Miscellaneous. This Amendment constitutes the entire agreement and
understanding of the parties with respect to its subject matter and supersedes
all oral communication and prior writings with respect thereto. No amendment,
modification or waiver in respect of this Amendment will be effective unless in
writing (including a writing evidenced by a facsimile transmission) and executed
by each of the parties. This Amendment may be executed and delivered in
counterparts (including by facsimile transmission), each of which will be deemed
an original. The headings used in this Amendment are for convenience of
reference only and are not to affect the construction of or to be taken into
consideration in interpreting this Amendment.

     4.      Agreement Continuation. The Agreement, as modified herein, shall
continue in full force and effect. All references to the Agreement in the
Agreement or any document related thereto shall for all purposes constitute
references to tho Agreement as amended hereby.
<PAGE>

     IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized officers on the date and year first above
written.


MANDALAY RESORT GROUP


By:          GLENN W. SCHAEFFER
    -----------------------------
      Name:  Glenn W. Schaeffer
      Title: President and Chief  Financial Officer


MBG TRUST

By: WILMINGTON TRUST COMPANY,
    not in its individual capacity by solely
    as Trustee


By:       MARY KAY PUPILLO
    -----------------------------------------------
    Name:  Mary Kay Pupillo
    Title: Senior Financial Services Officer


BANK OF AMERICA, N.A.

By:        WILLIAM C. CACCAMISE
    -------------------------------------------
    Name:  William C. Caccamise
    Title: Authorized Signatory
Countrywide Home Loans (LOGO)

400 Countrywide Way
Simi Valley, California 93065-6298

May 15, 2000

NORWEST BANK
11000 Broken Land Parkway
Columbia, MD 21044-3562
Attn: Joe Scheffer


OFFICER'S CERTIFICATE

I, Joseph  Candelario,  hereby certify that I am the First Vice President,  Loan
Administration  of  Countrywide  Home  Loans,  Inc.,  fka  Countrywide   Funding
Corporation. I further certify, with respect to the Servicing Agreements for
Countrywide Mortgage Obligations, Inc., the following:

I have reviewed the activities and performance of the Servicer during the fiscal
year  ended  February  29,  2000  under the  Agreements  and,  to the best of my
knowledge,  based on my review,  the Servicer has  fulfilled  all of its duties,
responsibilities or obligations under the Agreements throughout the fiscal year.


Joseph Candelario
First Vice President
Compliance Officer
Loan Administration

5/17/00
Date
#### MATTHEW ROSENFIELD, PLAINTIFF-PETITIONER, v. WILLIAM P. ANGERSTEIN, *ET AL.,*DEFENDANTS-RESPONDENTS.

See same case below: 71 *N. J. Super.*409.

*Mr. David Novack*for the petitioner.

*Mr. Edward W. Eichmann*and *Mr. William 0. Gotshalk*for the respondents.

March 12, 1962.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service 

# AGENCY:

Internal Revenue Service (IRS), Treasury. 

      ( print page 16873)    

# ACTION:

Notice. 

# SUMMARY:

An open meeting of the Ad Hoc Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. 

# DATES:

The meeting will be held Thursday, May 10, 2007 at 2 p.m. ET. 

# FOR FURTHER INFORMATION CONTACT:

Inez De Jesus at 1-888-912-1227, or 954-423-7977. 

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Ad Hoc Committee of the Taxpayer Advocacy Panel will be held Thursday, May 10, 2007 at 2 p.m. ET via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7977, or write to Inez De Jesus, TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Inez De Jesus. Ms. De Jesus can be reached at 1-888-912-1227 or 954-423-7977, or post comments to the Web site:                     *http://www.improveirs.org*.                 

The agenda will include: Various IRS issues. 

Dated: March 29, 2007. 

John Fay, 

Acting Director, Taxpayer Advocacy Panel.

 [FR Doc. E7-6282 Filed 4-4-07; 8:45 am] 

BILLING CODE 4830-01-P