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USCA9 Upholds DNA Testing

The Ninth Circuit today rejected attacks on the federal statute requiring DNA testing of convicts on probation, parole, or supervised release in United States v. Reynard. The defendant claimed "that the DNA Act (1) violates the Fourth Amendment, (2) is impermissibly retroactive, (3) violates the Ex Post Facto Clause, (4) violates the Commerce Clause, and (5) violates the Fifth Amendment." Judge Pregerson wrote the opinion rejecting four of the claims but dissented from the portion rejecting the Commerce Clause claim. Judges Tashima and Clifton rejected all five claims.

Posted by Kent Scheidegger on January 12, 2007 01:16 PM |

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