U.S. Court of Appeals for the Eighth Circuit, 2007

United States v. Michael E. McCarthy

United States v. Michael E. McCarthy
U.S. Court of Appeals for the Eighth Circuit · Decided February 22, 2007 · Riley, Magill, Melloy
216 F. App'x 620

United States v. Michael E. McCarthy

Opinion

PER CURIAM.

Michael McCarthy appeals the district court’s 1 order denying his motion under 18 *621 U.S.C. § 3600 for DNA testing. Because we agree with the district court that McCarthy was not entitled to have DNA samples retested under the language of 18 U.S.C. § 3600(a)(3)(A) (“specific evidence to be tested ... was not previously subjected to DNA testing”), we affirm. See 8th Cir. R. 47B.

1

. The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.

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