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U.S. v. JORDAN

No. 08-1431.

594 F.3d 1265 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Mark JORDAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 11, 2010.

Attorney(s) appearing for the Case

Paula Marie Ray, Paula M. Ray, P.C., Denver, CO, appearing for Appellant.

John M. Hutchins, Assistant United States Attorney (David M. Gaouette, United States Attorney, David Conner and Gregory Holloway, Assistant United States Attorneys, with him on the brief), Office of the United States Attorney for the District of Colorado, Denver, CO, appearing for Appellee.

Before TACHA, LUCERO, and HARTZ, Circuit Judges.

TACHA, Circuit Judge.

Mark Jordan appeals the district court's denial of his motion for DNA testing brought pursuant to the Innocence Protection Act of 2005 ("IPA"), 18 U.S.C. § 3600, as well as its denial of his motion to require the government to preserve his trial evidence. We have jurisdiction under 28 U.S.C. § 1291, AFFIRM the denial of the motion for DNA testing, and DISMISS the appeal of the motion to preserve...

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