Zimmerman

Facts

Zimmerman pled guilty to knowingly possessing equip- ment to make false identification documents. See 18 U.S.C. § 1028(a)(5). He was sentenced to three years probation and compelled to provide a DNA sample pursuant to the Justice for All Act of 2004 (2004 DNA Act). See 42 U.S.C. § 14135a. Zimmerman objected to giving a DNA sample, relying on RFRA, and on the First, Fourth and Fifth Amend- ments. The district court rejected all of Zimmerman’s objec- tions and held that Zimmerman’s DNA could be extracted through a blood sample. Zimmerman appeals and we have jurisdiction under 28 U.S.C. § 1291.

Analysis

[1] 1. Zimmerman argues that extraction of a blood sample would violate rights guaranteed to him by RFRA and the First Amendment’s Free Exercise Clause because his religious beliefs prevent him from “giv[ing] blood” or “provid[ing] any other biological fluid.” Under RFRA, the federal government cannot “substantially burden a person’s exercise of religion,” 42 U.S.C. § 2000bb-1(a), unless the government uses the “least restrictive means” to further a “compelling governmen- tal interest,” id. § 2000bb-1(b).

[2] Defendant may only invoke RFRA if his beliefs are both “sincerely…