alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §1677c. Hearings

#### (a) Investigation hearings

#### (1) In general

Except as provided in paragraph (2), the administering authority and the Commission shall each hold a hearing in the course of an investigation upon the request of any party to the investigation before making a final determination under section 1671d or 1673d of this title.

#### (2) Exception

If investigations are initiated under part I and part II of this subtitle regarding the same merchandise from the same country within 6 months of each other (but before a final determination is made in either investigation), the holding of a hearing by the Commission in the course of one of the investigations shall be treated as compliance with paragraph (1) for both investigations, unless the Commission considers that special circumstances require that a hearing be held in the course of each of the investigations. During any investigation regarding which the holding of a hearing is waived under this paragraph, the Commission shall allow any party to submit such additional written comment as it considers relevant.

#### (b) Procedures

Any hearing required or permitted under this subtitle shall be conducted after notice published in the Federal Register, and a transcript of the hearing shall be prepared and made available to the public. The hearing shall not be subject to the provisions of subchapter II of chapter 5 of title 5, or to section 702 of such title.

(June 17, 1930, ch. 497, title VII, §774, as added Pub. L. 96–39, title I, §101, July 26, 1979, 93 Stat. 186; amended Pub. L. 98–573, title VI, §616, Oct. 30, 1984, 98 Stat. 3037.)

#### **Editorial Notes**

#### Amendments

1984—Subsec. (a). Pub. L. 98–573 designated existing provisions as par. (1), inserted "Except as provided in paragraph (2),", and added par. (2).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–573 effective Oct. 30, 1984, see section 626(a) of Pub. L. 98–573, set out as a note under section 1671 of this title.
##### 



EXHIBIT 31.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
AND RULES 13A-14 AND 15D-14 UNDER THE SECURITIES EXCHANGE ACT OF 1934 I, Edward L. Masry, certify that: 1. I have reviewed this Quarterly Report on Form 10-QSB of Save the World Air, 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 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 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; and (c) Disclosed in this 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 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 other employees who have a
significant role in the registrants internal control over financial reporting. Date: December 3, 2004 /s/ EDWARD L. MASRYEdward L. Masry
Chief Executive Officer
### §1436a. Report on violations of arrival, reporting, entry, and clearance requirements and falsity or lack of manifest

#### (a) In general

The Commissioner of U.S. Customs and Border Protection shall submit to the appropriate congressional committees an annual report that contains the information described in subsection (b) with respect to each violation of section 1436 of this title, as amended by section 8007, and section 1584 of this title that occurred during the previous year.

#### (b) Information described

The information described in this subsection is the following:

(1) The name and address of the violator.

(2) The specific violation that was committed.

(3) The location or port of entry through which the items were transported.

(4) An inventory of the items seized, including a description of the items and the quantity seized.

(5) The location from which the items originated.

(6) The entity responsible for the apprehension or seizure, organized by location or port of entry.

(7) The amount of penalties assessed by U.S. Customs and Border Protection, organized by name of the violator and location or port of entry.

(8) The amount of penalties that U.S. Customs and Border Protection could have levied, organized by name of the violator and location or port of entry.

(9) The rationale for negotiating lower penalties, organized by name of the violator and location or port of entry.

#### (c) Appropriate congressional committees defined

In this section, the term "appropriate congressional committees" means—

(1) the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2) the Committee on Ways and Means, the Committee on Oversight and Government Reform, and the Committee on Homeland Security of the House of Representatives.

(Pub. L. 115–271, title VIII, §8008, Oct. 24, 2018, 132 Stat. 4081.)

#### **Editorial Notes**

#### References in Text

Section 1436 of this title, as amended by section 8007, referred to in subsec. (a), is section 1436 of this title as amended by section 8007 of Pub. L. 115–271.

#### Codification

Section was enacted as part of the Synthetics Trafficking and Overdose Prevention Act of 2018, also known as the STOP Act of 2018, and also as part of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, also known as the SUPPORT for Patients and Communities Act, and not as part of the Tariff Act of 1930 which comprises this chapter.

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. This court generally disfavors the

citation of orders and judgments; nevertheless, an order and judgment may be cited under

the terms and conditions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate record, this three-judge panel has

determined unanimously that oral argument would not be of material assistance in the

determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is

therefore ordered submitted without oral argument.

F I L E D

United States Court of Appeals

Tenth Circuit

APR 7 1997

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

vs.

RODNEY LYNN ZARATE,

Defendant-Appellant.

No. 96-2046

(D.C. No. CR 95-552 LH)

(D.N.M.)

ORDER AND JUDGMENT*

Before BRORBY, EBEL, and KELLY, Circuit Judges.**

Mr. Zarate appeals from the without prejudice dismissal of an indictment,

contending that the dismissal should have been with prejudice. The district court

dismissed the indictment based upon the government’s noncompliance with the “30 day

rule.” See 18 U.S.C. § 3161(b) (generally, information or indictment must be filed within

30 days from arrest or service of summons); Aplt. App. 18, 47. The district court’s
- 2 -

dismissal without prejudice under 18 U.S.C. § 3162(a)(1) is interlocutory and not an

appealable order. United States v. Tsosie, 966 F.2d 1357, 1361-62 (10th Cir.), cert.

denied, 506 U.S. 928 (1992). 

APPEAL DISMISSED.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge
<pre>

EXHIBIT 23.1

CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

The Board of Directors
ConectiSys Corporation

	We hereby consent to the  use in any prospectus supplements  to the
prospectus  contained   in  the   Registration  Statement   on  Form   SB-2
(Registration  No.  333-87062)  of   our  report  dated  January   7, 2003,
relating   to  the   consolidated  financial   statements  of    ConectiSys
Corporation appearing  in ConectiSys  Corporation's Annual  Report  on Form
10-KSB as  of September  30, 2002  and for  the years  ended September  30,
2002 and 2001.

	                                /S/ Hurley & Company
	                               Hurley & Company

Granada Hills, California

January 21, 2003
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 409.42

 410.56

 411.20

 411.75

 412.39

 412.75

 413.23

 413.96

 414.70

 415.46

 416.07

 416.69

 417.17

 417.74

 418.20

 418.69

 419.14

 419.52

 419.95

 420.17

 420.48

 420.57

 420.53

 420.47

 420.81

 421.23

 421.48

 421.74

 421.88

 422.25

 445.5

 454.0

 458.8

 463.0

 467.8

 470.6

 474.3

 479.9

 485.6

 491.6

 496.4

 501.3

 505.1

 509.7

 513.4

 517.3

 521.0

 524.1

 527.6

 529.4

 531.9

 532.7

 532.3

 531.9

 534.7

 538.1

 540.2

 542.4

 543.5

 546.6

STORAGE

+9.5

+8.5

+4.8

+4.2

+4.9

+2.7

+3.7

+5.6

+5.8

+5.9

+4.8

+4.9

+3.8

+4.6

+3.7

+4.0

+3.6

+3.1

+3.5

+1.8

+2.6

+0.7

-0.3

-0.5

+2.8

+3.5

+2.1

+2.2

+1.2

+3.1

CHANGE

5,311

4,870

3,356

2,984

2,600

2,350

2,702

3,138

3,554

3,635

3,075

3,162

2,620

2,888

2,722

2,669

2,546

2,429

2,429

1,797

2,183

1,988

1,486

1,625

2,413

2,689

1,923

1,988

1,689

2,382

INFLOW

 471

 542

 884

 804

 72

 865

 740

 193

 536

 508

 531

 555

 557

 453

 712

 535

 561

 723

 507

 728

 739

 1,472

 1,507

 1,738

 897

 820

 770

 785

 963

 678

POWER

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

 61

 46

 46

 60

 72

 74

 71

 73

 75

 87

 89

 86

 87

 94

 100

 94

 95

 95

 105

 111

 111

 103

 98

 100

 105

 85

 75

 83

 87

 100

PUMPING

 0

 5

 5

 25

 3

 26

 36

 36

 42

 42

 37

 43

 51

 41

 46

 44

 52

 49

 50

 47

 47

 39

 47

 36

 0

 33

 31

 31

 53

 45

C.F.S.

 .00

 .02

 .02

 .10

 .01

 .10

 .14

 .14

 .16

 .16

 .14

 .16

 .19

 .15

 .17

 .16

 .19

 .18

 .18

 .17

 .17

 .14

 .17

 .13

 .00

 .12

 .11

 .11

 .19

 .16

INCHES

 .28

 .08

 .08

 .00

 .03

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .01

 .93

 .03

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

APRIL 2014 FOLSOM LAKE DAILY OPERATIONS RUN DATE: May 1, 2014

IN LAKE

EVAPORATION

INCHES

C.F.S. PLANT

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S. 

 RIVER 

TOTALS +110.8 81,203 21,846 0 0 2,568 1,042 3.84 1.44

ACRE-FEET +110,800 161,066 43,332 0 0 5,094 2,067

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES, PUMPING AND EVAPORATION.

SUMMARY

RELEASE (ACRE-FEET)

POWER 43,332

SPILL

PUMPING PLANT

 0

 5,094

TOTAL 48,426

PRECIPITATION

THIS MONTH =

JULY 1, 2013 TO DATE = 14.46

 436.0

OUTLET 0 1.44
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY

 415.09

 415.79

 416.09

 416.27

 416.53

 416.77

 416.72

 416.86

 417.17

 417.55

 418.09

 418.78

 419.22

 419.47

 420.21

 420.22

 420.58

 420.70

 421.33

 421.63

 421.14

 420.82

 420.66

 420.80

 420.84

 420.63

 420.58

 420.37

 420.13

 419.74

 647,920

 653,960

 656,555

 658,114

 660,368

 662,451

 662,017

 663,233

 665,929

 669,239

 673,953

 679,995

 683,858

 686,057

 692,581

 692,669

 695,851

 696,913

 702,498

 705,163

 700,812

 697,975

 696,559

 697,798

 698,153

 696,293

 695,851

 693,994

 691,874

 688,435

 0

 204

 696

 738

 723

 0

 0

 2,874

 5,236

 5,156

 6,470

 6,899

 5,289

 3,555

 7,268

 3,522

 3,917

 5,169

 6,945

 6,416

 4,676

 5,664

 6,969

 9,242

 7,885

 6,644

 8,255

 6,724

 5,141

 3,872

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

SAN LUIS RESERVOIR FEDERAL October 24, 2002

DAILY OPERATIONS

SEPTEMBER 2002 RUN DATE:

FEDERAL

CHANGE CHANGE

PACHECO

PUMP

TOTALS 44,559 0 14,808 118,714

FEDERAL

PUMP ADJ

FEDERAL

GEN

 4,044

 6,040

 2,595

 1,559

 2,254

 2,083

-434

 1,216

 2,696

 3,310

 4,714

 6,042

 3,863

 2,199

 6,524

 88

 3,182

 1,062

 5,585

 2,665

-4,351

-2,837

-1,416

 1,239

 355

-1,860

-442

-1,857

-2,120

-3,439

 548

 487

 582

 543

 580

 525

 514

 503

 438

 528

 491

 456

 432

 430

 429

 387

 432

 431

 430

 422

 439

 419

 371

 412

 430

 436

 618

 721

 657

 717

-652

-562

-5

-54

58

-918

-478

1,883

4,659

4,578

5,480

6,348

5,064

2,762

6,751

2,979

3,403

4,625

6,407

5,932

4,416

5,202

6,591

8,796

7,652

6,089

7,582

6,512

4,539

3,075

ELEV STORAGE

 136,149

 175,025

 174,463

 174,458

 174,404

 174,462

 173,544

 173,066

 174,949

 179,608

 184,186

 189,666

 196,014

 201,078

 203,840

 210,591

 213,570

 216,973

 221,598

 228,005

 233,937

 238,353

 243,555

 250,146

 258,942

 266,594

 272,683

 280,265

 286,777

 291,316

 294,391

FEDERAL

STORAGE

COMMENTS : 

VALUES IN ACRE-FEET

 175,677

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0
#### Harry Freund, Respondent and Appellant, v. Zephyr Laundry Machinery Company, Appellant and Respondent.

No opinion. Close, P. J., Hagarty, Johnston, Taylor and Lewis, JJ., concur. [180 Misc. 249.]
Case 20-01056-BFK Doc 11 Filed 09/03/20 Entered 09/04/20 07:28:45 Desc Main

Document Page 1 of 1
§ 33.47 Limitations. ( a ) The notice of hearing with respect to a claim or statement must be served in the manner specified in § 33.8 within six years after the date on which the claim or statement is made.
( b ) If the defendant fails to file a timely answer, service of a notice under § 33.10(b) is deemed a notice of hearing for purposes of this section.
( c ) The statute of limitations may be extended by agreement of the parties.
(Authority: 31 U.S.C. 3808)
### §548. Removing or repacking goods in warehouses

Whoever fraudulently conceals, removes, or repacks merchandise in any bonded warehouse or fraudulently alters, defaces or obliterates any marks or numbers placed upon packages deposited in such warehouse, shall be fined under this title or imprisoned not more than two years, or both.

Merchandise so concealed, removed, or repacked, or packages upon which any marks or numbers have been so altered, defaced, or obliterated, shall be forfeited to the United States.

(June 25, 1948, ch. 645, 62 Stat. 717; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

#### Historical and Revision Notes

Based on section 1597 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, §597, 46 Stat. 752).

This section was rewritten to place the criminal provisions ahead of the forfeiture provisions. This did not require any substantive changes except omission of reference to persons aiding. Such persons are made principals by section 2 of this title.

The punishment prescribed by section 545 of this title was inserted to make this section complete without reference to another section. In doing so it was necessary to rephrase the punishment provision of section 545 of this title, as originally enacted, without change of substance.

Forfeiture provision was rephrased to make it clear that forfeiture was not dependent upon conviction.

Changes were made in phraseology.

#### **Editorial Notes**

#### Amendments

1994—Pub. L. 103–322 substituted "fined under this title" for "fined not more than $5,000".
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously finds this case suitable for decision without **

oral argument. See Fed. R. App. P. 34(a)(2).

SZ/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JOSE RUBEN NIETO-RESENDIZ,

 Defendant - Appellant.

No. 08-50580

D.C. No. 3:07-cr-03347-JTM

MEMORANDUM *

Appeal from the United States District Court

for the Southern District of California

Jeffrey T. Miller, District Judge, Presiding

Submitted November 17, 2009** 

Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.

Jose Ruben Nieto-Resendiz appeals from the 45-month sentence imposed

following his guilty-plea conviction for being a deported alien found in the United

FILED

DEC 17 2009

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
SZ/Research 2 08-50580

States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C.

§ 1291. We affirm, but remand to correct the judgment.

Nieto-Resendiz contends that the district court erred when it applied a 16-

level enhancement, pursuant to U.S.S.G. § 2L1.2, because his prior conviction for

lewd or lascivious acts with a child under 14 years of age, in violation of Cal. Penal

Code § 288(a), does not qualify as a crime of violence. He contends that EstradaEspinoza v. Mukasey, 546 F.3d 1147 (9th Cir. 2008) (en banc), overruled United

States v. Baron-Medina, 187 F.3d 1144 (9th Cir. 1999), and United States v.

Medina-Maella, 351 F.3d 944 (9th Cir. 2003). This contention is foreclosed by

United States v. Medina-Villa, 567 F.3d 507, 511-16 (9th Cir. 2009).

In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062

(9th Cir. 2000), we remand the case to the district court with instructions that it

delete from the judgment the incorrect reference to § 1326(b). See United States v.

Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to

delete the reference to § 1326(b)).

AFFIRMED; REMANDED to correct the judgment.
I 

116TH CONGRESS 

1ST SESSION H. R. 5090 

To require the Administrator of General Services to issue regulations allowing 

the leasing of certain space for preventive health fitness programs, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2019 

Ms. FUDGE introduced the following bill; which was referred to the Committee 

on Veterans’ Affairs, and in addition to the Committee on Transportation 

and Infrastructure, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To require the Administrator of General Services to issue 

regulations allowing the leasing of certain space for preventive health fitness programs, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘More Opportunities 

5 for Veterans to Exercise Act’’ or the ‘‘MOVE Act’’. 

6 SEC. 2. REGULATIONS. 

7 Not later than 60 days after the date of enactment 

8 of this Act, the Administrator of General Services shall 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 5090 IH

1 amend section 102–73.225 of title 41, Code of Federal 

2 Regulations, to provide that the Department of Veterans 

3 Affairs is delegated authority to lease, as a type of special 

4 purpose space, space for preventive health fitness pro5 grams and preventive health fitness counseling for the 

6 purpose of improving healthcare outcomes (including 

7 weight management). 

8 SEC. 3. PREVENTIVE HEALTH SERVICES. 

9 Section 1701(9) of title 38, United States Code, is 

10 amended— 

11 (1) in subparagraph (K), by striking ‘‘and’’ at 

12 the end; 

13 (2) in subparagraph (L), by striking the period 

14 at the end and inserting ‘‘;’’; and 

15 (3) by adding after subparagraph (L) at the 

16 end the following: 

17 ‘‘(M) weight management services and physical 

18 activity programming for the purpose of improving 

19 physical and mental health; and 

20 ‘‘(N) physical activity counseling.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. AP -76,996

EX P ARTE SHANE ALAN FLORES, App licant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 09CR3504 IN THE 212 DISTRICT COURT T H F ROM GALVEST ON COUNTY
Per curiam . O P I N I O N Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a
c o ntr olled substance and sentenc ed to twelve y ear s’ imprisonment. He did not appea l his c o nv ic ti o n . Applicant contends that his due proce ss rig hts wer e violated beca use a fore nsic scientist did not follow acc epted standards when analy zing evidenc e and there fore the results of his analy ses are unreliable
. A Depa

rtment of Public Safety repor t shows that the lab technicia n who was s o l el y responsible for testing the evidenc e in this case is the scientist found to have committed misconduct. Whil e there is evidenc e rema ining that is available to rete st in this case , t h at evidenc e was in the2

custody of the lab technicia n in que stion. This Court believes his actions are not reliable there fore custody was c ompromised, resulting in a due pr ocess violation. Applicant is there fore entitled to relief
. R el i ef i s g rante d. The judgme nt in Cause No. 09CR3504 in the 212 District Court o f t h Galveston County is set aside, and Applicant is rema nded to the custody of the Sheriff of Galveston County
. The trial court shall issue any nece ssary bench war rant within 10 day s afte r the mandate of this Court i ssues. Copi e s o f this opinion shall be sent to the Texas Depa rtment of Criminal J ustice-Corr ectional Institut ions Division and Pardons and Paroles Division.

Deliver ed: Marc h 20, 2013 Do Not Publish