United States Second Circuit

The DNA Analysis Backlog Elimination Act does not require a defendant convicted of bank larceny to submit a DNA sample.

Appellate Information

• Decided 01/10/2005
• Published 01/10/2005

Judges

• UNDERHILL, District Judge., Before:  KEARSE and POOLER, Circuit Judges, and UNDERHILL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas M. Gannon, Attorney, Department of Justice Criminal Div., Appeals Section, Washington, D.C. (Michael A. Battle, United States Attorney Western District of New York and Gretchen L. Wylegala, Assistant United States Attorney Western District of New York, on the brief), for Appellant.


• For Appellees:
  
• Timothy W. Hoover, Federal Public Defender's Office, Western District of New York, for Defendant-Appellee.