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U.S. v. CARMICHAEL

Nos. 02-40561, 02-21023.

343 F.3d 756 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. James Daniel CARMICHAEL, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Gabriel Brandon Collins, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 25, 2003.

Attorney(s) appearing for the Case

Mitchel Neurock, Laredo, TX, for Plaintiff-Appellee in 02-40561.

James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee in both cases.

Roland E. Dahlin, II, Fed. Pub. Def., Houston, TX, for Carmichael and Collins.

Rudy Xavier Rodriguez, Aurora Ruth Bearse (argued), Houston, TX, for Carmichael.

Matthew D. McGill (argued), U.S. Dept. of Justice, Office of Sol. Gen., Washington, DC, for Plaintiff-Appellee in 02-21023.

Margaret Christina Ling, Asst. Fed. Pub. Def., Michael L. Herman, Houston, TX, for Collins.

Before KING, Chief Judge, and HIGGINBOTHAM and STEWART, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Appellants Gabriel Collins and James Carmichael both pleaded guilty to federal bank robbery charges and are currently serving terms of confinement in federal prison facilities. Both have appealed their sentences because, pursuant to the DNA Analysis Backlog Elimination Act of 2000 ("the DNA Act"), the sentences require the collection of a DNA sample as a mandatory condition of supervised release, a provision appellants urge...

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