Lujan
United States v. Lujan
Opinion
Opinion
I. Background
On May 10, 1999, Lujan pleaded guilty to one count of aid- ing and abetting unarmed bank robbery, in violation of 18 U.S.C. § 2113(a), and on May 22, 2000, the district court sen- tenced her to 18 months’ imprisonment and three years of 13400 UNITED STATES v. LUJAN supervised release. Three weeks later, on June 12, 2000, the district court granted the government’s motion for a reduction of sentence pursuant to Federal Rule of Criminal Procedure 35(b), and Lujan’s sentence was reduced to 12 months.
The terms of Lujan’s supervised release made no mention of any requirement that she submit to a DNA sample.
On December 19, 2000, the DNA Act became effective. Pub. L. No. 106-546, 114 Stat. 2726. On January 28, 2002, while Lujan was on supervised release, the United States Pro- bation Office notified her in writing that she had to provide a blood sample within 90 days. When Lujan failed to comply, the government filed a petition to revoke supervised release. The district court issued a summons for her appearance on April 10, 2002.
On April 17, 2002, Lujan filed a motion opposing the required collection as a new condition of her supervised release. In…