alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                      EXHIBIT 12

                       RATIO OF EARNINGS TO FIXED CHARGES

      The ratio of earnings to fixed charges for each of the years in the
five-year period ended December 31, 2001 is presented below. Ratio of Earnings
to Fixed Charges means the ratio of pretax income from continuing operations
(with certain adjustments described below) to the total of: (i) interest and
(ii) such portion of rental expense as can be demonstrated to be representative
of the interest factor in the particular case.


<TABLE>
<CAPTION>


                                                                             YEAR ENDED DECEMBER 31,
                                                ------------------------------------------------------------------------------------
                                                      1997             1998             1999             2000             2001
                                                      ----             ----             ----             ----             ----

<S>                                            <C>               <C>               <C>              <C>               <C>
EARNINGS BEFORE FIXED CHARGES:
      Net Loss                                     ($1,840,210)     ($3,310,870)     $10,299,494      ($6,737,892)      ($7,944,881)
      Add:   Interest Expense                        9,646,679       11,383,449       11,158,350       11,309,334        12,369,276
             Interest factor in rental
                  expense                              243,890          252,106          254,377          267,937           303,757
                                                -----------------------------------------------------------------------------------

EARNINGS BEFORE FIXED CHARGES                       $8,050,359       $8,324,685      $21,712,221       $4,839,379        $4,728,152
                                                ===================================================================================

FIXED CHARGES:
      Interest Expense                              $9,646,679      $11,383,449      $11,158,350      $11,309,334       $12,369,276
      Interest factor in rental expense                243,890          252,106          254,377          267,937           303,757
                                                -----------------------------------------------------------------------------------

TOTAL FIXED CHARGES                                 $9,890,569      $11,635,555      $11,412,727      $11,577,271       $12,673,033
                                                ===================================================================================

RATIO OF EARNINGS TO FIXED CHARGES                          --               --              1.9x              --                --

DEFICIENCY IN EARNINGS AVAILABLE TO
      COVER FIXED CHARGES                            $1,840,210       $3,310,870              --        $6,737,892       $7,944,881
                                                ===================================================================================

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

<ARTICLE> 5
<CIK> 0001014372
<NAME> WAXMAN USA, INC.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               DEC-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                             931
<SECURITIES>                                         0
<RECEIVABLES>                                   17,228
<ALLOWANCES>                                   (1,287)
<INVENTORY>                                     25,950
<CURRENT-ASSETS>                                47,242
<PP&E>                                          15,921
<DEPRECIATION>                                 (7,601)
<TOTAL-ASSETS>                                  92,253
<CURRENT-LIABILITIES>                           28,416
<BONDS>                                         37,038
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      26,799
<TOTAL-LIABILITY-AND-EQUITY>                    92,253
<SALES>                                         54,965
<TOTAL-REVENUES>                                54,965
<CGS>                                           36,100
<TOTAL-COSTS>                                   13,190
<OTHER-EXPENSES>                                 1,798
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,684
<INCOME-PRETAX>                                  4,361
<INCOME-TAX>                                     1,665
<INCOME-CONTINUING>                              2,696
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    115
<CHANGES>                                            0
<NET-INCOME>                                     2,581
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
ajrobbins pc

Certified Public Accountants



Consent of Independent Registered Public Accounting Firm

To The Board of Directors and Stockholders of
Universal Guardian Holdings, Inc.
Newport Beach, California

We consent to the inclusion and use in the Annual Report on form 10-KSB of Universal Guardian Holdings, Inc. for the year ended December 31, 2005 of our report dated March 10, 2006 appearing in that Annual Report.

We further consent to the reference by incorporation of the aforesaid report in Universal Guardian Holdings, Inc. registration statements on form S-8 (333-113638, 333-104741, 333-129837 and 333-129171).

/s/ AJ. Robbins PC.



AJ. Robbins PC

Certified Public Accountants



Denver Colorado
April 17, 2006

Columbine Place
216 Sixteenth Street, Suite 600
Denver, Colorado 80202
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 00-21142 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

DENNIS FERGUSON,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CR-67-ALL

- - - - - - - - - - August 2, 2001 Before DEMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM: * The Federal Public Defender appointed to represent Dennis Ferguson has moved for leave to withdraw and has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Ferguson has filed a response to counsel’s motion. Our independent review of the brief, the record, and Ferguson’s response discloses no nonfrivolous issue. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsib ilities herein, and the APPEAL IS DISMISSED.
<PAGE>   1
                                                                   EXHIBIT 10.03

                        AMENDMENT TO EMPLOYMENT AGREEMENT

         THIS AMENDMENT ("Amendment"), dated and effective as of April 26, 2000,
amends the EMPLOYMENT AGREEMENT that was made and entered into as of March 11,
1999 and amended on May 4, 1999 and on March 10, 2000 (collectively the
Employment Agreement and both amendments, the "Agreement") by and between
CyberGuard Corporation, a Florida corporation ("Company"), and David R. Proctor
("Employee").

         WHEREAS, the Company, through its Board of Directors, desires to amend
the Agreement and Employee also desires to amend the Agreement;

         NOW, THEREFORE, in consideration of the premises and the mutual
covenants and agreements contained herein, and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the
parties hereto, intending to be legally bound, hereby agree as follows:

A.       Section 4 of the Agreement shall be amended by adding the following
         subsection 4h:

         H. SPECIAL OPTION. In addition to salary, bonus and options described
         in the Agreement, Employee is hereby awarded an option to acquire
         50,000 shares ("Special Option Shares") of Company common stock under
         the Company's Stock Incentive Plan, at an exercise price of $6.50 per
         share. The Special Option Shares shall vest as long as the Employee
         continues to serve as a member of the Company's Board of Directors. The
         vesting of the Special Option Shares shall remain unaffected by any
         termination of the Employment Agreement. The Special Option Shares
         shall become exercisable in 1/3 increments on the first, second and
         third anniversaries of April 26, 2000 as long as the Employee continues
         to serve as a member of the Board of Directors. An option agreement
         ("Option Agreement") shall be prepared providing for other terms and
         conditions regarding the Special Option Shares that are typical of
         other executives option agreements. Notwithstanding anything to the
         contrary, the Option Agreement shall: (1) supersede the Employment
         Agreement with respect to the Special Option Shares; and (2) continue
         in full force and effect after any termination of the Employment
         Agreement, provided the Employee continues to serve on the Board of
         Directors at the time of termination of the Employment Agreement.

B.       Other than as stated in this Amendment, the Agreement shall remain in
         full force and effect.

IN WITNESS WHEREOF, this Amendment to the Agreement has been executed by the
parties as of the date first above written.

         COMPANY:                                 EMPLOYEE:
         CYBERGUARD CORPORATION

         By:                                       By:
            ----------------------------------        -------------------------
         Its: Chairman, Compensation Committee
<PAGE>

                                                                    EXHIBIT 11.1

                     STATEMENT REGARDING PER SHARE EARNINGS


<TABLE>
<CAPTION>
                                       3 Months Ended   3 Months Ended  6 Months Ended  6 Months Ended
                                        June 30, 2000   June 30, 1999   June 30, 2000   June 30, 1999
Primary Earnings Per Share
--------------------------
<S>                                    <C>              <C>             <C>             <C>
Net income                                 $  121,305      $ 1,094,065     $ 1,652,771     $ 1,325,723
Cumulative preferred dividends              <249,861>         <68,708>       <504,186>        <68,708>
                                     -----------------------------------------------------------------

Income for common shareholders             $<128,556>      $ 1,025,357     $ 1,148,585       1,257,015
                                           ==========      ===========     ===========     ===========
Weighted average common shares              7,822,191        7,822,191       7,822,191       7,822,191
                                           ==========      ===========     ===========     ===========
Primary earnings per share                 $     (.02)     $       .13     $       .15     $       .16
                                           ==========      ===========     ===========     ===========

Diluted Earnings Per Share
--------------------------

Net income                                 $      N/A      $ 1,094,065     $ 1,652,771     $ 1,325,723
Cumulative preferred dividends                    -0-              -0-             -0-             -0-
                                     -----------------------------------------------------------------
                                                  N/A        1,094,065       1,652,771       1,325,723
                                           ==========      ===========     ===========     ===========

Weighted average common shares                    N/A        7,822,191       7,822,191       7,822,191
Effect of stock options                            --               --          64,187              --
Assumed conversion of cumulative
   Preferred stock                                N/A       10,533,447      31,600,342       5,266,723
                                     -----------------------------------------------------------------
                                                  N/A       18,355,638      39,486,720      13,088,915
                                           ==========      ===========     ===========     ===========
Diluted earnings per share                 $     (.02)     $       .06     $       .04     $       .10
                                           ==========      ===========     ===========     ===========
</TABLE>


                                      13
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7891

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ERIC DARNELL REESE,

Defendant - Appellant.

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. J. Frederick Motz, Senior District 

Judge. (8:01-cr-00135-JFM-1; 1:12-cv-02484-JFM)

Submitted: September 17, 2013 Decided: September 25, 2013

Before SHEDD, DIAZ, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Eric Darnell Reese, Appellant Pro Se. Sujit Raman, Assistant 

United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Eric Darnell Reese seeks to appeal the district 

court’s order dismissing as unauthorized his successive 28 

U.S.C.A. § 2255 (West Supp. 2013) motion. The district court’s 

dismissal order is not appealable unless a circuit justice or 

judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1)(B) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). 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 (2000); see Miller–El v. Cockrell, 537 U.S. 322, 336–38 

(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.

We have independently reviewed the record and conclude 

that Reese 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 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-50540

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

SEDRICK DEMON MCCARTHER,

Defendant-Appellant

Appeals from the United States District Court

for the Western District of Texas

USDC No. 1:12-CR-296-1

Before REAVLEY, OWEN, and ELROD, Circuit Judges.

PER CURIAM:*

Sedrick Demon McCarther, federal prisoner # 04204-180, is appealing 

the denial of his 18 U.S.C. § 3582(c)(2) motion for reduction of his 60-month 

sentence imposed following his guilty plea to possession with intent to 

distribute cocaine base. He argues that he was entitled to a two-level reduction 

in his offense level based on Amendment 782 to U.S.S.G. § 2D1.1 and that, in 

denying the motion, the district court placed too much emphasis on his 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

September 12, 2016

Lyle W. Cayce

Clerk

 Case: 15-50540 Document: 00513673210 Page: 1 Date Filed: 09/12/2016
No. 15-50540

2

criminal history and did not consider his post-sentencing conduct. 

Additionally, McCarther contends that the majority of the § 3582 motions filed 

in the Eastern District of Texas are granted and that there was no basis for his 

disparate treatment.

The district court’s decision whether to reduce a sentence under 

§ 3582(c)(2) is reviewed for an abuse of discretion and its factual findings are 

reviewed for clear error. United States v. Henderson, 636 F.3d 713, 717 (5th 

Cir. 2011). When considering a § 3582(c)(2) motion, the district court is to 

conduct a two-step analysis. Dillon v. United States, 560 U.S. 817, 826 (2010). 

The court must first determine whether the defendant is eligible for a 

reduction under U.S.S.G. § 1B1.10. Id. at 827. If he is, the district court must 

then “consider any applicable [18 U.S.C.] § 3553(a) factors and determine 

whether, in its discretion,” a reduction is warranted under the facts of the case. 

Id.

The district court recognized that McCarther was eligible for the 

reduction of sentence and also considered the documentation that he submitted 

reflecting his post-sentence conduct. Id. However, the district court 

determined that, based on McCarther’s extensive criminal history, there was 

a continued need to impose a sentence sufficient to protect the public from his 

wrongdoing and to deter McCarther from engaging further criminal activity. 

Thus, the record reflects that the district court considered the appropriate 

policy statements and § 3553(a) factors in determining that the initial 60-

month sentence remained reasonable. McCarther has not demonstrated that 

the district court abused its discretion in denying the motion. Se Dillon, 560 

U.S. at 827. § 1B1.10, comment. (n.1(B)(i)-(iii)).

AFFIRMED.

 Case: 15-50540 Document: 00513673210 Page: 2 Date Filed: 09/12/2016
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeals of --

Native American Services Corporation 

Under Contract No. W9128F-l l-C-0061 

) 

) 

) ASBCA Nos. 60788, 60789, 60790 

) 

) 

) 

APPEARANCE FOR THE APPELLANT: Terance P. Perry, Esq 

Datsopoulos, MacDonald & Lind, P.C. 

Missoula, MT 

APPEARANCES FOR THE GOVERNMENT: Thomas H. Gourlay, Jr., Esq., 

Engineer Chief Trial Attorney 

Erin K. Murphy, Esq. 

Engineer Trial Attorney 

U.S. Army Engineer District, Omaha 

ORDER OF DISMISSAL 

The dispute has been settled. The appeals are dismissed with prejudice. 

Dated: 21 September 2017 

Administrative Judge 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed Services 

Board of Contract Appeals in ASBCA Nos. 60788, 60789, 60790, Appeals of Native American 

Services Corporation, rendered in conformance with the Board's Charter. 

Dated: 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
EXHIBIT 11 - COMPUTATION OF PER SHARE EARNINGS

Earnings per share has been calculated in accordance with the provisions of
Statement of Financial Accounting Standards (SFAS) No. 128 "Earnings Per Share"
issued by the Financial Accounting Standards Board. SFAS No. 128 requires
presentation of earnings per share on a basic computation and a diluted
computation. The basic computation divides net income by only the weighted
average number of common shares outstanding for the year and the diluted
computation gives effect to all diluted common shares that were outstanding
during the year. Earnings and outstanding shares for 1998 and 1997 have been
restated to give effect to the merger with Bryan Bancorp of Georgia, Inc. that
was consummated on December 15, 1998 and accounted for using the pooling of
interests accounting method.

The following data shows the amounts used in computing earnings per share and
the effect on income and the weighted average number of shares of dilutive
potential common stock.


  Years Ended December 31,                         2000     1999     1998
                                                  ------   ------   ------
  Income available to common shareholders:
  Used in basic earnings per share                $4,292   $3,533   $2,626
                                                  ------   ------   ------
  Used in diluted earnings per share              $4,292   $3,533   $2,626
                                                  ------   ------   ------
  Weighted average number of common
     shares used in basic earnings per share       2,704    2,704    2,661
  Effect of dilutive securities:
     Stock options                                    44       66       99
                                                  ------    ------  ------
  Weighted average number of common
     and dilutive potential common shares
     used in diluted earnings per share            2,748     2,770   2,760
                                                  ------    ------  ------
<PAGE>
                                                                    EXHIBIT 10.2

                                                                      DON BARDEN
[MAJESTIC STAR CASINO LOGO]                                      CEO & PRESIDENT
                                                         163 Madison, Suite 2000
                                                         Detroit, Michigan 48226



TO:            JON BENNETT

FROM:          DON BARDEN

DATE:          APRIL 20, 2004

SUBJECT:       EMPLOYMENT AGREEMENT

I understand Majestic Star Casino, LLC (the "Company") is required to give you
six-month advance notice as to its intent regarding renewal of your Employment
Agreement. I desire to extend your Employment Agreement for six months on the
same terms and conditions; thereby making the new expiration date April 20,
2005.

Please sign below to acknowledge your agreement to modify the expiration date of
your contract. If you cannot agree to this offer, pursuant to Section 1 of the
Employment Agreement, I cannot, at this time, renew your agreement for an
additional two-year period.

Thank you for your service to the Company.







---------------------------                          --------------
Jon Bennett                                          Date