Hunter

MEMORANDUM **

Defendant Stacy Hunter appeals the district court’s denial of her motion to compel Roderick Hunter to provide a DNA sample for the purpose of assisting her to establish that Roderick Hunter is her biological father and that she is thus a United States citizen, in order to avoid possible deportation. Defendant pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute cocaine base in violation of 21 U.S.C. §§ 846 and 841(a)(1). She does not appeal either her conviction or her sentence.

Defendant argued that the district court was authorized to compel Roderick Hunter to provide his DNA to the Bureau of Immigration and Customs Enforcement pursuant to the DNA Analysis Backlog Elimination Act of 2000, 42 U.S.C. §§ 14135a-14135e, which requires convicted federal felons to provide DNA samples as a condition of supervised release and permits disclosure of the samples under certain circumstances. The district court denied the motion, holding that defendant’s potential deportation was not an issue before the district court, and that the district court lacked authority to issue such an order.

Defendant’s motion is not ripe. No…