USA v. Tony Gastineau

1The Honorable Dean Whipple, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-1570
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Michael E. McCarthy, *
* [UNPUBLISHED]
Appellant. *
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Submitted: February 16, 2007
Filed: February 22, 2007
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Before RILEY, MAGILL, and MELLOY, Circuit Judges.
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PER CURIAM.
Michael McCarthy appeals the district court’s 1 order denying his motion under
18 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 of 18
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.
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