alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 23.2


            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We have issued our report  dated  March 5, 2004  accompanying  the  consolidated
financial statements of Synergy Brands, Inc. and Subsidiaries, which is included
in the Annual Report of Synergy Brands,  Inc. and  Subsidiaries on Form 10-K for
the year ended  December 31, 2005.  We hereby  consent to the  incorporation  by
reference of said report in the Registration  Statement of Synergy Brands,  Inc.
on Form S-3/A (Registration No. 333-126539, effective March 7, 2006).


/s/GRANT THORNTON LLP

New York, New York
March 28, 2006
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000871364
<NAME> 91A
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                         158,378
<SECURITIES>                                         0
<RECEIVABLES>                                  111,524
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               269,902
<PP&E>                                       9,678,161
<DEPRECIATION>                               7,280,260
<TOTAL-ASSETS>                               2,667,803
<CURRENT-LIABILITIES>                           14,062
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,653,741
<TOTAL-LIABILITY-AND-EQUITY>                 2,667,803
<SALES>                                        955,645
<TOTAL-REVENUES>                               966,671
<CGS>                                                0
<TOTAL-COSTS>                                1,247,302
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (280,631)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (280,631)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (280,631)
<EPS-PRIMARY>                                  (23.91)
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>   1



                                   EXHIBIT 11

                               DIGENE CORPORATION

                  STATEMENT RE: COMPUTATION OF PER SHARE LOSS



<TABLE>
<CAPTION>
                                                                   Three months ended September 30,
                                                                   --------------------------------
                                                                       1996               1995
                                                                       ----               ----
   <S>                                                             <C>               <C>
     Earnings per share:
     Weighted average shares of Common
       Stock outstanding  . . . . . . . . . . . .                    11,308,900           368,356
     Shares of 1994 Series Preferred Stock
       issued during the twelve month period
       prior to March 29, 1996, the date of the
       initial filing of the Company's Registration
       Statement on Form S-1 (using
       the treasury stock method)   . . . . . . .                            -            192,607
     Shares of Common Stock issued
       during the twelve month period
       prior to March 29, 1996, the date of the
       initial filing of the Company's Registration
       Statement on Form S-1 (using
       the treasury stock method)   . . . . . . .                            -              5,295
    Common equivalent shares
       from options and warrants issued
       during the twelve month period
       prior to March 29, 1996, the date of the
       initial filing of the Company's Registration
       Statement on Form S-1 (using
       the treasury stock method) . . . . . . . .                            -            283,666 
                                                                   -------------     -------------
   Total  . . . . . . . . . . . . . . . . . . . .                    11,308,900           849,924              
                                                                   =============     =============
   Loss for the period  . . . . . . . . . . . . .                  $   (732,741)     $   (536,497)
                                                                   ============      ============ 
   Net loss per share . . . . . . . . . . . . . .                        $(0.06)           $(0.63)
                                                                   =============     ============= 
</TABLE>
[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Notices]
[Pages 76642-76643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31174]


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

FEDERAL COMMUNICATIONS COMMISSION

[Report No. 2452]


Petitions for Reconsideration of Action in Rulemaking Proceeding

November 29, 2000.
    Petitions for Reconsideration have been filed in the Commission's 
rulemaking proceeding listed in this Public Notice and published 
pursuant to 47 CFR Section 1.429(e). The full text of this document is 
available for viewing and copying in Room CY-A257, 445 12th Street, 
SW., Washington, DC or may be purchased from the Commission's copy 
contractor, ITS, Inc. (202) 857-3800. Oppositions to these petitions 
must be filed by December 22, 2000. See Section 1.4(b)(1) of the 
Commission's rules (47 CFR 1.4(b)(1)). Replies to an opposition must be 
filed within 10 days after the time for filing oppositions have 
expired.

[[Page 76643]]

    Subject: Amendment of 73.202(b) Table of Allotments FM Broadcast 
Stations (Windthorst, Texas).
    Number of Petitions Filed: 2.
Federal Communications Commission.

Magalie Roman Salas,
Secretary.
[FR Doc. 00-31174 Filed 12-6-00; 8:45 am]
BILLING CODE 6712-01-M
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1766 Engrossed in Senate (ES)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  1st Session
                                S. 1766

_______________________________________________________________________

                                 AN ACT

 
     To reauthorize the SAFER Act of 2013, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sexual Assault Forensic Evidence 
Reporting Act of 2017'' or the ``SAFER Act of 2017''.

SEC. 2. PEDIATRIC SEXUAL ASSAULT NURSE EXAMINERS.

    Section 304(c)(2) of the DNA Sexual Assault Justice Act of 2004 (34 
U.S.C. 40723(c)(2)) is amended--
            (1) by inserting ``, both adult and pediatric,'' after 
        ``role of forensic nurses''; and
            (2) by striking ``and elder abuse'' and inserting ``elder 
        abuse, and, in particular, the need for pediatric sexual 
        assault nurse examiners, including such nurse examiners working 
        in the multidisciplinary setting, in responding to abuse of 
        both children and adolescents''.

SEC. 3. REDUCING THE RAPE KIT BACKLOG.

    (a) Reauthorization.--Section 2(c)(4) of the DNA Analysis Backlog 
Elimination Act of 2000 (34 U.S.C. 40701(c)(4)) is amended by striking 
``2017'' and inserting ``2022''.
    (b) Sunset.--Section 1006 of the SAFER Act of 2013 (34 U.S.C. 40701 
note) is amended by striking ``2018'' and inserting ``2023''.

            Passed the Senate October 23, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                S. 1766

_______________________________________________________________________

                                 AN ACT

     To reauthorize the SAFER Act of 2013, and for other purposes.
```
* Pursuant to 5 T H C IR

. R. 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limit ed circumstances set forth in 5 TH C IR

. R. 47.5.4.

1 IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-50611

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SANTOS ARNOLDO FERNANDEZ, also known as Sonny,

Defendant-Appellant.

-------------------- Appeal from the United States District Court

for the Western District of Texas

USDC No. A-00-CR-156-2-JN

-------------------- April 19, 2002

Before DeMoss, Parker, and Dennis, Circuit Judges.

PER CURIAM: *

Santos Arnoldo Fernandez appeals his sentence following

conviction for three counts of conspiracy and possession with

intent to distribute illegal narcotics. Fernandez argues that the

district court was clearly erroneous in determining his role in the

offens e. We review a district court’s determination of, for

sentencing guidelines purposes, a defendant’s role in the offense

for clear error. U nited States v. Miranda

, 248 F.3d 434, 446 (5th2

Cir. 2001), cert. denied , 122 S. Ct. 823 (2002).

Section 3B1.1(b) of the sentencing guidelines provides for a

three-level increase “[i]f the defendant was a manager or

supervisor (but not an organizer or leader) and the criminal

activity involved five or more participants or was otherwise

extensive. ” The district court’s finding is supported by the

testimony of the FBI agent Greg Smith that his surveillance showed

that Fernandez’s role was that of “chief lieutenant, most trusted

confidante,

... enforcer.” Fernandez has not shown that Smith’s

testimony was unreliable. S ee United States v. Patterson

, 962 F.2d

409, 415 (5th Cir. 1992). The district court did not clearly err

by finding that Fernandez was a manager or supervisor of the

criminal activity not a minor participant and by adjusting the

offense level accordingly.

Fernandez argues that the district court erred by finding that

he obstructed justice and increasing his offense level under §

3C1.1 of the sentencing guidelines. This is a factual finding

reviewed for clear error. U nited States v. Upton

, 91 F.3d 677, 687

(5th Cir. 1996). A codefendant testified that Fernandez threatened

him about testifying by stating that anyone who “talked” would be

killed “along with their family.” The district court did not

clearly err by applying § 3C1.1 to Fernandez's sentence.

AFFIRMED.
Summary of the Deferred Bonus Plan



 EXHIBIT 10.56 
  
 SUMMARY OF THE DEFERRED BONUS PLAN 
  

The following summary sets forth the material terms of the Deferred Bonus Plan. 
  
 POLICY 
  
 As a part of Corporate Compensation, Pinnacle Entertainment, Inc. (the “Company”) created a Deferred Bonus Plan. The Deferred Bonus Plan purpose is to encourage
loyalty and motivate corporate employees to continue strong performance for the years ahead. Typically, bonus compensation structure reflects the performance of the individual and/or individual’s department. The overall intent is to create
loyalty, particularly as an employee begins to have overlapping deferrals. A decision to leave the Company becomes also a decision to forego a potentially significant payment. 
  
 PROVISIONS 
  

	 	1.	General  

  

	 	a.	The corporate Deferred Bonus Plan is only for executives and corporate employees. A portion of each person’s bonus will be deferred and paid over three years, one-third on each
anniversary of such year’s bonus payment date. 

  

	 	2.	Guidelines 

  

	 	a.	The employee must be an employee in good standing on each anniversary date to receive the deferred amount. 

  

	 	b.	The employee will be eligible to receive a bonus if hired before November (two months) prior to the bonus process. Typically, Pinnacle Entertainment, Inc. distributes bonuses in
early January. This does not include corporate hires that have a guarantee hiring bonus/sign contract. 

  

	 	c.	Employees who are 65 or older will receive the deferred amounts on the anniversary dates so long as such individuals are not terminated for cause. Therefore, employees who are 65 or
older can retire or otherwise leave their employment with the Company on good terms and will receive the deferred amounts as scheduled. 

  

	 	d.	Deferred amounts will be paid in full immediately in the events of: death, permanent disability and change of control. 

  

	 	e.	Deferred amounts will not earn interest and are subordinated to indebtedness of the Company. 

  

	 	f.	Deferred amounts cannot be borrowed against or pledged as collateral. There are no provisions permitting access to deferred amounts in hardship cases, as is sometime permitted under
401 K or similar programs. 

  

	 	g.	There is no guarantee of employment associated with any deferred compensation. 

  

PROCEDURES 
  
 NONE 
  
 EXCEPTIONS 
  
 NONE
103D CONGRESS

1ST SESSION H. R. 1513

AN ACT

To designate the United States courthouse located

Courthouse’’.as the ‘‘Lewis F. Powell, Jr. United Statesat 10th and Main Streets in Richmond, Virginia,
103D CONGRESS

1ST SESSION H. R. 1513

AN ACT

To designate the United States courthouse located at 10th

and Main Streets in Richmond, Virginia, as the ‘‘Lewis

F. Powell, Jr. United States Courthouse’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DESIGNATION OF LEWIS F. POWELL, JR. UNIT4 ED STATES COURTHOUSE.

5 The United States courthouse located at 10th and

6 Main Streets in Richmond, Virginia, is designated as the

7 ‘‘Lewis F. Powell, Jr. United States Courthouse’’.
2

•HR 1513 EH

1 SEC. 2. LEGAL REFERENCES.

2 Any references in any law, regulation, document,

3 record, map, or other paper of the United States to the

4 courthouse referred to in section 1 is deemed to be a ref5 erence to the ‘‘Lewis F. Powell, Jr. United States Court6 house’’.

Passed the House of Representatives May 4, 1993.

Attest:

Clerk.
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

Larry Thomas Webb , Appellant

No. 06

- 20

- 00100

- CR v.

The State of Texas , Appellee Appeal from the 5th District Court of Bowie County, Texas (Tr. Ct

. No. 15F0870

- 005 ). Memorandum Op inion delivered by Chief Justice Morriss

, Justice Burgess and Justice Stevens participating

.

As stated in the Court’s opinion of this date, we find that the appeal should be dismissed
for want of jurisdiction . Therefore, we dismiss the appeal.

We note that the appellant, Larry Thomas Webb , has adequately indicated his inability to
pay costs of appeal. Therefore, we waive payment of costs.

RENDERED OCTOBER 2, 2020 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey , Clerk
#### Marine Midland Bank, N. A., Respondent, v Dino *&*Artie’s Automatic Transmission Co. et al., Defendants, and Arturo Defeo, Appellant.

In an action to recover upon a note executed by the corporate defendant and an unlimited continuing guarantee executed by the defendant Arturo Defeo, the defendant Arturo Defeo appeals from a judgment of the Supreme Court, Westchester County (Delaney, J.), entered July 13, 1988, which, upon granting the plaintiff’s motion for summary judgment in an order of the same court entered June 28, 1988, is in favor of the plaintiff and against the appellant in the sum of $16,896.42.

Ordered that the judgment is affirmed, without costs or disbursements.

It is well settled that "the drastic remedy of summary judgment is appropriate only where a thorough examination of the merits clearly demonstrates the absence of any triable issues of fact” *(Piccirillo v Piccirillo,*156 AD2d 748, 750; *Hantz v Fishman,*155 AD2d 415, 416). Moreover, the parties’ competing contentions must be viewed "in a light most favorable to the party opposing the motion” *(Lakeside Constr. v Depew & Schetter Agency,*154 AD2d 513, 514-515).

In the instant case, the appellant neither denied execution of an unlimited continuing guarantee nor claimed that he ever gave written notice of termination which the guarantee required. The claimed oral termination of the guarantee is without legal effect. Inasmuch as the guarantee specifically provided that it could only be revoked by a writing, the appellant continued to remain legally obligated as guarantor, absent a proper revocation *(see, Norstar Bank v Prompt Process Serv.,*117 AD2d 589, 590).

The appellant’s claim that the conduct of the bank’s employees induced substantial reliance upon the alleged oral modification of the guarantee is unsupported by the record. "General conclusory allegations which contain no specific factual references cannot defeat a motion for summary judg*611ment where the movant’s papers make out a prima facie basis for the grant of the motion” *(Bank of N. Y. v Progressive Phone Sys.,*71 AD2d 1010, 1011). Nor may the appellant avoid liability by claiming that he failed to read the guarantee *(see, Scarsdale Natl. Bank & Trust Co. v S.E.W. Prods.,*151 AD2d 657). Thompson, J. P., Lawrence, Kunzeman and Rosenblatt, JJ., concur.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-6714

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ERIC MARTIN VAN BUREN,

Defendant - Appellant.

Appeal from the United States District Court for the Western 

District of Virginia, at Charlottesville. Norman K. Moon,

Senior District Judge. (3:00-cr-00066-NKM-1)

Submitted: September 29, 2016 Decided: October 4, 2016

Before SHEDD, KEENAN, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eric Martin Van Buren, Appellant Pro Se. Jean Barrett Hudson, 

Assistant United States Attorney, Charlottesville, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Eric Martin Van Buren appeals the district court’s order 

denying relief on his “motion to have heard new substantive rule 

per the court’s discretion,” and his motion to correct his 

presentence report pursuant to Fed. R. Crim. P. 36. Van Buren 

also appeals the district court’s subsequent order denying 

reconsideration. We have reviewed the record and find no 

reversible error. Accordingly, we affirm for the reasons stated 

by the district court. United States v. Van Buren, No. 3:00-cr00066-NKM-1 (W.D. Va. Mar. 31, 2016; May 20, 2016). 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
EXHIBIT 32.1





CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO RULE 13A-14(B) AND RULE 15D-14(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND 18 U.S.C. SECTION 1350





In connection with the Quarterly Report of Auxilio, Inc. (the “Company”) on Form 10-Q for the quarter ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), we, Joseph J. Flynn, Chief Executive Officer and Paul T. Anthony, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of our knowledge:




(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 of the Company as of the dates presented and the results of operations of the Company for the periods presented.




Date: November 12, 2010


By:
/s/ Joseph J. FlynnJoseph Flynn,

President and Chief Executive Officer





By:
/s/ Paul T. AnthonyPaul Anthony,

Chief Financial Officer







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.





This certification accompanies the Quarterly Report pursuant to Rule 13a-14(b) or Rule 15d-14(b) under the Securities Exchange Act of 1934 and 18 U.S.C. Section 1350 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAY-03-1998
<PERIOD-START>                             APR-28-1997
<PERIOD-END>                               MAY-03-1998
<CASH>                                          21,167
<SECURITIES>                                         0
<RECEIVABLES>                                    5,534
<ALLOWANCES>                                     2,608
<INVENTORY>                                      4,333
<CURRENT-ASSETS>                                29,707
<PP&E>                                         176,079
<DEPRECIATION>                                  96,869
<TOTAL-ASSETS>                                 119,461
<CURRENT-LIABILITIES>                           26,840
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           288
<OTHER-SE>                                      43,472
<TOTAL-LIABILITY-AND-EQUITY>                   119,461
<SALES>                                        235,991
<TOTAL-REVENUES>                               242,333
<CGS>                                           88,480
<TOTAL-COSTS>                                   88,480
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,274
<INCOME-PRETAX>                                  7,603
<INCOME-TAX>                                     2,225
<INCOME-CONTINUING>                              5,378
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,378
<EPS-PRIMARY>                                     0.19
<EPS-DILUTED>                                     0.19
        

</TABLE>