United States v. Lawrence Peterson

UNDERHILL, District Judge.

The District Court for the Western District of New York (William M. Skretny, Judge) dismissed the government’s petition to summon Lawrence Peterson to a probation violation hearing. The government appeals, contending that, because Peterson was convicted of bank larceny, the DNA Analysis Backlog Elimination Act of 2000, 42 U.S.C. § 14135a (the “DNA Act”), required him to submit to the collection of a DNA sample, and his refusal violated the terms of his probation. This appeal raises two questions: (1) is the government authorized to appeal a district court’s ruling…