United States v. Jordan

TACHA, Circuit Judge.

Mark Jordan appeals the district court’s denial of his motion for DNA testing *1266brought pursuant to the Innocence Protection Act of 2005 (“IPA”), 18 U.S.C. § 3600, as well as its denial of his motion to require the government to preserve his trial evidence. We have jurisdiction under 28 U.S.C. § 1291, AFFIRM the denial of the motion for DNA testing, and DISMISS the appeal of the motion to preserve as moot.

I. BACKGROUND

The following facts are taken from this Court’s opinion affirming Mr. Jordan’s convictions, which he does not dispute.

Mr. Jordan was accused of murdering a…