United States Ninth Circuit

Grant of a motion by the government to require a defendant to provide a pretrial fingerprint exemplar following suppression of earlier fingerprint exemplars is affirmed over claims that: 1) the law of the case doctrine and the rule of mandate precluded granting of such motion; and 2) without an independent basis for fingerprinting, the evidence was subject to the exclusionary rule.

Appellate Information

• Decided 04/06/2006
• Published 04/06/2006

Judges

• OTERO, District Judge:, Before: GRABER and RAWLINSON, Circuit Judges, and OTERO, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Stephen R. Sady, Chief Deputy Federal Public Defender, and Nancy S. Bergeson, Assistant Federal Public Defender, Portland, OR, for the defendant-appellant., Kent S. Robinson, Assistant United States Attorney, Portland, OR, for the plaintiff-appellee.