Miles

MEMORANDUM ***

The government appeals from an order granting Defendant Danny Miles’ motion to dismiss a petition charging him with a violation of the conditions of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

Defendant, while on supervised release from a conviction for being a felon in possession of a firearm and ammunition, refused to provide a DNA sample to the U.S. Probation Office in accordance with the DNA Analysis Backlog Elimination Act of 2000, 42 U.S.C. § 14135a. The district court concluded that collecting blood from Defendant, in order to obtain his DNA, violated Defendant’s Fourth Amendment rights. However, we later came to the opposite conclusion in United States v. Kincade, 379 F.3d 813, 832-34 (9th Cir. 2004) (en banc), cert. denied, 2005 WL 637432 (U.S. Mar.21, 2005) (No. 04-7253).

Although Defendant was released from supervision after the district court’s order on October 31, 2002, this appeal is not moot. Title 18 U.S.C. § 3583 (i) provides:

The government filed a petition to revoke Defendant’s supervised release on July 12, 2002, before the expiration of his term, and a summons was issued that same day. In addition,…