United States Fifth Circuit

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US v. Fasono, 08-60750

In a bank robbery prosecution, an ruling refusing to order DNA testing of the clothing worn by the robber under the Innocence Protection Act (Act) is reversed where: 1) the Act does not impose a more exacting standard for a showing of the chain of custody than would be demanded in a trial itself; and 2) the relevant tests could be performed in compliance with the limits of 18 U.S.C. section 3600(a)(4).

Appellate Information

  • Decided 07/31/2009
  • Published 07/31/2009


  • PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, SMITH and SOUTHWICK, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Richard Terrell Starrett, Asst. U.S. Atty. (argued), Jackson, MS, for U.S., Michael Brian Slade (argued), Marisa Berenbaum Miller, Kirkland & Ellis, L.L.P., Steven A. Drizin, Northwestern University Sch. of Law, Law Sch. Ctr. Wrongful Conviction, Chicago, IL, Thomas J. Lowe, Jr., Jackson, MS, for Fasano.