Legal Opinion

United States v. Zimmerman

Court of Appeals for the Ninth Circuit

Decided December 18, 2007No. 06-50506PublishedCited by 20 opinions

1Per curiam

We consider whether compelling a criminal defendant to give a blood sample for DNA testing could violate his rights under the Religious Freedom Restoration Act (RFRA).

Facts

Zimmerman pled guilty to knowingly possessing equipment to make false identification documents. See 18 U.S.C. § 1028(a)(5). He was sentenced to three years probation and compelled to provide a DNA sample pursuant to the Justice for All Act of 2004 (2004 DNA Act). See 42 U.S.C. § 14135a. Zimmerman objected to giving a DNA sample, relying on RFRA, and on the First, Fourth and Fifth Amendments. The district court rejected all…

2Cases cited11 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Rochin v. CaliforniaSupreme Court of the United States · 1952
  3. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  4. Thomas v. Review Board of the Indiana Employment Security DivisionSupreme Court of the United States · 1981
  5. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003

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3Cited by20 opinions

  1. Kaemmerling v. LappinCourt of Appeals for the D.C. Circuit · 2008
  2. Galloway v. StateMississippi Supreme Court · 2013
  3. State v. ApplebySupreme Court of Kansas · 2009
  4. Wilson v. CollinsCourt of Appeals for the Sixth Circuit · 2008
  5. United States v. Sherryanne ChristieCourt of Appeals for the Ninth Circuit · 2016

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