United States v. Thomas

ORDER

Terry Thomas is serving a 360-month sentence on his federal convictions for trafficking drugs in 1999. In January 2014 he filed this action relying on a provision of the Innocence Protection Act of 2004, Pub.L. 108-405, § 411, 118 Stat. 2260, 2279-83 (codified at 18 U.S.C. § 3600). Thomas wanted the district court to compel the government to produce for post-conviction DNA testing the plastic bags that contained the drugs introduced at trial. When the government responded that the drug evidence had been destroyed in 2010, the district court denied Thomas’s motion. We affirm that decision.