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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