Miles
United States v. Miles
Opinion
Opinion
Shubb, J.
MEMORANDUM AND ORDER
Defendant Danny Miles is currently on supervised release following his 1996 conviction for possession of a firearm by a convicted felon, 18 U.S.C. § 922 (g). Defendant’s probation officer directed him to submit a blood sample for deoxyribonucleic acid (“DNA”) analysis pursuant to the DNA Analysis Backlog Elimination Act of 2000, 42 U.S.C. § 14135 . Defendant refused to appear for DNA testing, and consequently a petition was filed charging defendant with a violation of the conditions of his supervised release. Defendant now moves to dismiss the petition. Defendant has otherwise complied with all conditions of his supervised release, and would have successfully completed his term of supervision in August 2002.
I. Factual Background
On December 19, 2000, Congress enacted the DNA Analysis Backlog Elimination Act of 2000. 42 U.S.C. § 14135 ; Pub.L. No. 106-546, 114 Stat. 2726 (Dec. 19, 2000)(“The Act”). The Act provides, in pertinent part:
42 U.S.C. § 14135a(a)(2). “Qualifying federal offenses” are limited to certain categories of violent crime, including homicides, sex offenses, kidnaping, robbery, and con spiracies to commit those offenses. See 42 U.S.C. §…