U.S. v. McCARTHY, 216 Fed.Appx. 620 (8th Cir. 2007)
UNITED STATES of America, Appellee, v. Michael E. McCARTHY, Appellant.
No. 06-1570.United States Court of Appeals, Eighth Circuit.Submitted: February 16, 2007.
Filed: February 22, 2007.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Appeal from the United States District Court for the Western District of Missouri.
Michael E. McCarthy, Terre Haute, IN, pro se.
K. Michael Warner, Asst. U.S. Atty., Kansas City, MO (Bradley J. Schlozman, U.S. Atty., on the brief), for appellee.
Before RILEY, MAGILL, and MELLOY, Circuit Judges.
[UNPUBLISHED]
PER CURIAM.
Michael McCarthy appeals the district court's[fn1] order denying his motion underPage 62118 U.S.C. § 3600 for DNA testing. Because we agree with the district court that McCarthy was not entitled to have DNA samples retested under the language of18 U.S.C. § 3600(a)(3)(A) ("specific evidence to be tested . . . was not previously subjected to DNA testing"), we affirm. See
8th Cir. R. 47B.
[fn1] The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.