alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 31.1

CERTIFICATION

I, Marvin Cosgray, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Buckhead Community Bancorp, Inc;

2. Based on my knowledge, this report does not contain any untrue statement of 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 financial
information 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 officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13(a)-15(e) and 15(d)-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 ensure that 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
controls and 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;

c) Disclosed in the report any change in the registrants internal control over financial reporting that occurred during the registrants most
recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) 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 officer and I have disclosed, based on our most recent evaluation of internal control over
financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):

a) all significant deficiencies and material weaknesses in the design or operation of internal controls 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 other employees who have a significant role in the registrants internal control over financial reporting.



|                       |  |     |  |                                      
|---------------------- |  | --- |  | -------------------------------------
|Date: December 3, 2007 |  | By: |  | /s/ Marvin Cosgray                   
|                       |  |     |  | Marvin CosgrayChief Executive Officer
**POWER OF ATTORNEY**

  The undersigned hereby constitutes and appoints each of Margaret M. Foran, Gene  A. Capello, Lawrence A. Fox and Claire G. Keyles as his true and lawful attorney-in-fact  and agent, and grants each of them full power to act on behalf of the undersigned  and in his name, place and stead, in any and all capacities, for the purpose  of completing and signing, on his behalf, 

> 
      • any Form 3, Form 4 or Form 5 required or permitted to be filed by      him pursuant to Section 16 of the Securities Exchange Act of 1934, as amended      (the "Exchange Act"),       • any Form 144 required to be filed by him under the Securities Act      of 1933, as amended (the "Securities Act"), and Rule 144 promulgated      thereunder, and      • any and all other documents necessary or desirable to facilitate      the filing by him of Form 144 and of forms under Section 16 of the Exchange      Act, 

  with regard to the undersigned's ownership of or transactions in securities  of Pfizer Inc., including, without limitation, the power to complete and sign  any and all amendments to such forms and documents, if any, and to file such  forms and documents and amendments thereto with the Securities and Exchange  Commission, and to do and perform each and every act and thing requisite or  necessary to be done in connection with such forms and documents and amendments  thereto, as fully and to all intents and purposes as the undersigned might or  could do in person. 

The authority of Margaret M. Foran, Gene A. Capello, Lawrence A. Fox and Claire  G. Keyles under this Power of Attorney shall continue until the undersigned  is no longer required to file Form 3, Form 4, Form 5 or Form 144 with regard  to the undersigned's ownership of or transactions in securities of Pfizer Inc.,  unless earlier revoked in writing. The undersigned acknowledges that Margaret  M. Foran, Gene A. Capello, Lawrence A. Fox and Claire G. Keyles are not assuming  any of the undersigned's responsibilities to comply with Rule 144 under the  Securities Act or Section 16 of the Exchange Act.

  Signature: /s/ Frank A. D'Amelio  Frank A. D'Amelio

Date: September 11, 2007
1The Honorable Richard W. Goldberg, Judge for the United States Court of

International Trade, sitting by designation.

2The Honorable Andrew W. Bogue, United States District Judge for the District

of South Dakota, sitting by designation.

3Pursuant to 28 U.S.C. § 46(b), the Chief Judge certified the existence of a

judicial emergency necessitating the designation of a panel consisting of fewer than two

members of the Court of Appeals.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 00-3440

___________

United States of America, *

*

Plaintiff-Appellee, *

*

* Appeal from the United States

v. * District Court for the 

* Eastern District of Missouri

*

Vernell Butcher * [UNPUBLISHED]

* 

Defendant-Appellant. *

___________

Submitted: April 10, 2001

Filed: July 5, 2001

___________

Before LOKEN, Circuit Judge, and GOLDBERG1 and BOGUE,2 Judges.3

___________

PER CURIAM.
4

 The Honorable Donald J. Stohr, District Judge, United States District Court

for the Eastern District of Missouri.

-2-

Appellant, Vernell Butcher, was convicted by a jury on June 13, 2000, of

being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1) (1994). 

Butcher received a 300-month sentence and a five-year supervised release term. 

Butcher appeals the decision of the district court4 to deny his motion for a

mistrial based on the allegedly improper remarks made by the government

prosecutor during closing argument. Additionally, Butcher claims that the district

court’s use of the Eighth Circuit’s Reasonable Doubt Jury Instruction impermissibly

lowered the government’s burden of proof. We affirm the decision of the district

court.

After a careful examination of the record, this Court finds that the trial court

did not commit error by denying Butcher’s motion for a mistrial, see United States v.

Wadlington, 233 F.3d 1067, 1077 (8th Cir. 2000) (In assessing the prejudicial impact

of potential prosecutorial misconduct, the Court considers (1) the cumulative effect

of the misconduct, (2) the strength of the properly admitted evidence, and (3) the

curative actions taken by the district court), or by giving the jury the Eighth Circuit’s

Reasonable Doubt Jury Instruction. See United States v. Harris, 794 F.2d 84, 85 (8th

Cir. 1992)(Eighth Circuit’s explicit approval of Reasonable Doubt Jury Instruction). 

Under Eighth Circuit Rule 47B, no further commentary is warranted.

A true copy.

 Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                        National Institute of General Medical Sciences Special Emphasis Panel.                    

*Date:*                        March 26, 2001.                    

*Time:*                        11 a.m. to 12 p.m.                    

*Agenda:*                        To review and evaluate grant applications.                    

*Place:*                        Natcher Building, Room 1AS-13, Bethesda, MD 20892, (Telephone Conference Call).                    

*Contact Person:*                        Arthur L. Zachary, PhD, Scientific Review Administrator, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, Natcher Building, Room 1AS-13H, Bethesda, MD 20892, (301) 592-2886, zacharya@nigms.nih.gov.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives, National Institutes of Health, HHS)

Dated: February 20, 2001.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 01-4907  Filed 2-28-01; 8:45 am]

BILLING CODE 4140-01-M
EXHIBIT 32.2





CERTIFICATION PURSUANT TO RULE 13a-14(b) OR RULE 15d-14(b) OF THE SECURITIES


EXCHANGE ACT OF 1934,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of Yankee Holding Corp. (the “Company”) on Form 10-K for the fiscal year ending January 1, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Gregory W. Hunt, Chief Financial Officer of the Company, certify pursuant to Rule 13a-14(b) or 15d-14(b) of the Securities Exchange Act of 1934, 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, as amended; 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/ Gregory W. HuntGregory W. HuntChief Financial OfficerMarch 31, 2011
##### 



AMERISTAR CASINOS, INC.
AMENDED AND RESTATED NON-QUALIFIED STOCK OPTION
AGREEMENT
 Name of Optionee:
    
    Craig NeilsenDate of Grant:
    
    December 16, 2004No. of Shares:
    
    105,000Exercise Price:
    
    $42.60Expiration Date:
    
    December 16, 2011




---



##### 



Grant of Option
  Term of Option
 Method of Exercise
  -2-




---



##### 



-3-




---



##### 



Tax Withholding
 Termination of Option
     -4-




---



##### 



Adjustments
 Change in Control; Corporate Transaction
 Provisions Regarding Transferability
 No Stockholder Rights
 Investment Representation
 -5-




---



##### 



Conditions to Issuance of Shares
 Optionee Subject to Section 16
 Method of Acceptance
 -6-




---



##### 



Plan Terms
  AMERISTAR CASINOS, INC.By:
    /s/ Craig H. Neilsen  Craig H. Neilsen by C. Wilson
    
    Nov. 1, 2005Signature of Optionee
    
    Date
 -7-




---



##### 



st
 /s/ Jacob ScherrerWitness/s/ Andrea M. KelloggWitness
 STATE OF NEVADA
    
    
    ))
    
    
    ss.COUNTY OF CLARK
    
    
    )
  st
 /s/ Janet CatronNotary PublicResiding at
    
    Las Vegas
 My Commission Expires5/9/2009
Exhibit 32.1

CERTIFICATION PURSUANT TO 
18 U.S.C. SECTION 1350,
AS ADDED BY 
SECTION 906 OF THE SARBANES -OXLEY ACT OF 2002

In connection with the Annual Report of
FFLC Bancorp, Inc.  (the Company) on
Form 10-K for the year ended December 31, 2004 as filed with the Securities and
Exchange Commission (the Report), I, Stephen T. Kurtz, President and Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C.§ 1350, as added by § 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. | To my
  knowledge, the information contained in the Report fairly presents, in all
  material respects, the financial condition and results of operations of the
  Company as of and for the period covered by the Report.

|Date:    March
  10, 2005 |  | By: /s/
  Stephen T. Kurtz
|------------------------- |  | --------------------------
|                          |  |                           
|                          |  |                           
|                          |  |                           

A signed original of this written statement required by Section 906 has
been provided to the Company and will be retained by the Company and furnished
to the Securities and Exchange Commission or its staff upon request.

42

---
<PAGE>
 
                                                                    EXHIBIT 23.1

                     [LETTERHEAD OF DELOITTE & TOUCHE LLP]



INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statements No. 
33-04712, No. 333-03728, No. 33-89322, and No. 33-72956 of West Marine, Inc. on 
Form S-8 of our report dated February 12, 1997, appearing in the Annual Report 
on Form 10-K of West Marine, Inc. for the year ended December 28, 1996.


/s/ Deloitte & Touche LLP
-----------------------------
Deloitte & Touche LLP



March 20, 1997
Exhibit
10.38


 


GOEDEKER’S


Trusted since 1951


13850 Manchester Rd. | Ballwin, MO 63011


 


 


July 16, 2020


 


Small Business Community Capital II, L.P. 9W Broad
Street


Stamford, CT 06902 Attention: Jay Garcia


 


		Re:	Loan and Security Agreement, dated April 5, 2019 (the “Loan Agreement”),
among the 1847 Goedeker Inc. (the “Company”), as borrower, 1847 Goedeker Holdco Inc. and Small Business Community
Capital II, L.P. (the “Lender”).



 


Mr. Garcia:


 


Reference
is made to that certain Letter Agreement, dated June 2, 2020, between the Lender and the Company (the “Letter Agreement”).
Capitalized terms not defined herein shall have the meanings assigned to them in the Letter Agreement.


 


In connection
with changes made to certain of the terms of the IPO upon the advice and at the request of Think Equity, the underwriter in the
IPO, the Letter Agreement is hereby amended as follows, notwithstanding anything to the contrary contained therein:


 


		1.	The second paragraph of the Letter Agreement is hereby amended to reflect
that the Company anticipates offering $10 million of shares of its common stock at a price per share between $9.00 and $11.00.



 


		2.	Section (ii) of the third paragraph of the Letter Agreement is hereby amended
to reflect that, in connection with the IPO, the Company plans to effect a 4,750-for-1 forward stock split of the Company’s
outstanding common stock to increase the outstanding common stock from 1,000 shares to 4,750,000 shares.



		3.	Section (iii) of the third paragraph of the Letter Agreement is hereby amended
to reflect that, in connection with the IPO, the Company will reserve 555,000 shares of common stock for issuance under the equity
incentive plan referenced therein.



		4.	Section (iv) of the third paragraph of the Letter Agreement is hereby amended
to reflect that, in connection with the IPO, the Company plans to grant a stock option to Douglas T. Moore, the Company’s
Chief Executive Officer, to purchase 263,158 shares of the Company’s common stock at the IPO price per share.



		5.	The sixth paragraph of the Letter Agreement is hereby amended to reflect that
the Lender agrees to exercise the Warrant to purchase 250,000 shares of the Company’s common stock immediately prior to,
and contingent upon, closing of the IPO.







    1


     


    

 


By signing below, the Lender
hereby consents and agrees that the Letter Agreement is amended by the terms contained herein, and any provision of the Letter
Agreement not so amended remains in full force and effect.


 


	 	Very truly yours,
	 	 	 
	 	1847 Goedeker Inc.
	 	 	 
	 	By:	/s/ Douglas T. Moore
	 	Name:	 Douglas T. Moore
	 	Title:	Chief Executive Officer






AGREED,
CONSENT TO AND ACKNOWLEDGED:


 


Small
Business Community Capital II, L.P.


 





	By:	 /s/ Jay Garcia	 
	Name:	Jay Garcia	 
	Title:	Managing Partner	 


  


		cc:	Alan
                                         Roth, Winston & Strawn LLP

 Louis A. Bevilacqua, Bevilacqua PLLC



 






    2
#### SCHOONER HARBOR VENTURES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

No. 2010-5134.

United States Court of Appeals, Federal Circuit.

April 20, 2011.

*921Craig J. Geraci, Jr., Rushing & Guiee, P.L.L.C., of Ocean Springs, MS, argued for plaintiff-appellant. With him on the brief was William Lee Guice, III.

Robert J. Lundman, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief was Ignacia S. Moreno, Assistant Attorney General.

GAJARSA, SCHALL, and PROST, Circuit Judges.

JUDGMENT

PER CURIAM.

This Cause having been heard and considered, it is

Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
#### UNITED STATES of America, Plaintiff-Appellee, v. Wendell Edward BETANCOURT, a/k/a Shawn Nelson, a/k/a Fire, Defendant-Appellant.

No. 13-7931.

United States Court of Appeals, Fourth Circuit.

Submitted: April 9, 2014.

Decided: April 16, 2014.

Wendell Edward Betancourt, Appellant Pro Se. Paul Thomas Camilletti, Assistant *255United States Attorney, Martinsburg, West Virginia, for Appellee.

Before MOTZ, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Wendell Edward Betancourt seeks to appeal the district court’s order denying his Fed.R.Civ.P. 60(b) motion for relief from the district court’s order denying and dismissing his successive 28 U.S.C. § 2255 (2012) motion. The order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of ap-pealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Betancourt has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.

*DISMISSED.*
Exhibit
10.23


 


EMPLOYMENT
AGREEMENT AMENDMENT


 


Parties


 


AMENDMENT AGREEMENT made on this 1st
day of May, 2020, to Employment Agreement dated the 1st day of September, 2018, between Kona Gold Solutions, Inc.
(the "Company"), and Christopher Selinger (the “Individual”).


 


The parties agree that the salary of Christopher
Selinger under the Employment Agreement between them dated the 1st day of September, 2018, shall be at the rate of $96,000
per year effective as of the 1st day of May, 2020, and for the remainder of the contract term, unless changed by agreement
of the parties.


 


IN WITNESS WHEREOF, this Amendment Agreement
has been duly executed and delivered by or on behalf of the parties hereto as of the first date above written.


 


	COMPANY	 	INDIVIDUAL
	 	 	 
	Kona Gold Solutions, Inc.	 	Christopher Selinger
	 	 	 
	 	 	 
	/s/ Robert Clark	 	/s/ Christopher Selinger
	Signature	 	Signature
----

----

----

----

----

----

----

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|               |   |   | JRI Equities II, LLC    |   |
|--------------------|--------|--------|----------------------------------------|--------|
| /s/ Jay H. Shidler |   |   | /s/ James R. Ingebritsen               |   |
| Jay H. Shidler     |   |   | James R. Ingebritsen                   |   |
|               |   |   | Its Managing Member                    |   |

| MJR Equities, LLC    |   |   |                 |   |
|-------------------------------------|--------|--------|----------------------|--------|
| /s/ Matthew J. Root                 |   |   | /s/ Lawrence J. Taff |   |
| Matthew J. Root                     |   |   | Lawrence J. Taff     |   |
| Its Managing Member                 |   |   |                 |   |

|             |   |   |   |   |
|-----------------------|--------|--------|--------|--------|
| /s/ James C. Reynolds |   |   |   |   |
| James C. Reynolds     |   |   |   |   |
|                  |   |   |   |   |

| Pacific Office Properties, L.P.                                                             |   |
|---------------------------------------------------------------------------------------------|--------|
|  By:  Pacific Office Properties Trust, Inc., its general partner   |   |
|     By: James R. Ingebritsen                                       |   |
|     James R. Ingebritsen                                           |   |
|     President and Chief Executive Officer                               |   |
|                                                                                        |   |

----