United States Ninth Circuit

An order authorizing a probation office to demand the collection of a blood sample as a condition of defendant's supervised release, as mandated by the DNA Analysis Backlog Elimination Act, is affirmed over claims that the Act: 1) violates the Fourth Amendment and the Ex Post Facto Clause; 2) is an unconstitutional bill of attainder; and 3) contravenes separation of powers.

Appellate Information

• Decided 10/02/2007
• Published 10/02/2007

Judges

• SILVERMAN, Circuit Judge:, Before:  FERDINAND F. FERNANDEZ, BARRY G. SILVERMAN, and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles L. Hobson, Criminal Justice Legal Foundation, Sacramento, CA, for the amicus curiae.


• For Appellees:
  
• Ruben L. Iñiquez, Assistant Federal Public Defender, Portland, OR, for the defendant-appellant., Jonathan L. Marcus, U.S. Department of Justice, Washington, D.C., for the plaintiff-appellee.