Docket No. 03-1454.

394 F.3d 98 (2005)

UNITED STATES of America, Appellant, v. Lawrence PETERSON, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Final Submission: March 2, 2004.

Decided: January 10, 2005.

Attorney(s) appearing for the Case

Timothy W. Hoover, Federal Public Defender's Office, Western District of New York, for Defendant-Appellee.

Thomas M. Gannon, Attorney, Department of Justice Criminal Div., Appeals Section, Washington, D.C. (Michael A. Battle, United States Attorney Western District of New York and Gretchen L. Wylegala, Assistant United States Attorney Western District of New York, on the brief), for Appellant.

Before: KEARSE and POOLER, Circuit Judges, and UNDERHILL, District Judge.

UNDERHILL, District Judge.

The District Court for the Western District of New York (William M. Skretny, Judge) dismissed the government's petition to summon Lawrence Peterson to a probation violation hearing. The government appeals, contending that because Peterson was convicted of bank larceny, the DNA Analysis Backlog Elimination Act of 2000, 42 U.S.C. § 14135a (the "DNA Act"), required him to submit a DNA sample, and his refusal violated the terms of...

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