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U.S. v. STEWART

Nos. 07-1245, 07-1250.

532 F.3d 32 (2008)

UNITED STATES of America, Appellant, v. James STEWART, a/k/a James Stewart, Jr., a/k/a James L. Stewart, Defendant, Appellee. United States of America, Appellant, v. Nathalie Soto, a/k/a Nata, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 7, 2008.

Attorney(s) appearing for the Case

Randall E. Kromm, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.

Peter Charles Horstmann, with whom Partridge, Ankner & Horstmann, was on brief, for appellee Stewart.

James H. Budreau, for appellee Soto.

Before TORRUELLA, Circuit Judge, CUDAHY, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

In this consolidated appeal, the government challenges the district court's conclusion that requiring DNA collection from non-violent felons who are sentenced to probation violates the Fourth Amendment. In light of our decision in United States v. Weikert, 504 F.3d 1 (1st Cir.2007), which was issued seven months after the district court's ruling, that conclusion...

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